A judge or magistrate having knowledge of a ground for self-disqualification under the guidelines established by Canon 3E shall not, unless Canon 3F is utilized, await the filing of an affidavit but shall remove himself on written motion to be filed in duplicate by the judge or magistrate with the clerk of courts of the county wherein the action is pending. The clerk of courts shall notify the presiding judge, and the parties or their attorneys in the manner provided by this chapter for notification on filing of an affidavit for change of judge or magistrate.
S.D. Codified Laws § 15-12-37
Disqualification on court's own motion
Applied in 1 court decision — leading case Estate of Paul O'farrell v. Grand Valley Hutterian Brethren (2024)
Most recently applied in Estate of Paul O'farrell v. Grand Valley Hutterian Brethren (December 2024)
Source: Supreme Court Rule No. 75-5, § 18; SL 2023, ch 216 (Supreme Court Rule 22-15), eff
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.