United States District Court for the District of South Dakota

The United States District Court for the District of South Dakota (in case citations, D.S.D.) is the United States District Court or the Federal district court, whose jurisdiction for issues pertaining to federal law or diversity for the state of South Dakota. The court is based in Sioux Falls with other courthouses in Rapid City, Pierre, and Aberdeen. The district was created in 1889, when the Dakota Territory was divided into North and South Dakota.

United States District Court for the District of South Dakota
(D.S.D.)
LocationFederal Building and United States Courthouse
(Sioux Falls)
More locations
Appeals toEighth Circuit
EstablishedNovember 2, 1889
Judges3
Chief JudgeRoberto Lange
Officers of the court
U.S. AttorneyRon A. Parsons Jr.
U.S. MarshalDaniel C. Mosteller
www.sdd.uscourts.gov

Appeals from the District of South Dakota are taken to the United States Court of Appeals for the Eighth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit).

The United States Attorney's Office for the District of South Dakota, represents the United States in civil and criminal litigation in the court. The current United States Attorney for the District of South Dakota is Ron A. Parsons Jr.

Current judges

As of January 1, 2020:

# Title Judge Duty station Born Term of service Appointed by
Active Chief Senior
16 Chief Judge Roberto Lange Pierre 1963 2009–present 2020–present — Obama
14 District Judge Karen Schreier Sioux Falls 1956 1999–present 2006–2013 — Clinton
15 District Judge Jeffrey L. Viken Rapid City 1952 2009–present 2013–2019 — Obama
10 Senior Judge John Bailey Jones inactive 1927 1981–1995 1991–1994 1995–present Reagan
12 Senior Judge Lawrence L. Piersol Sioux Falls 1940 1993–2009 1999–2005 2009–present Clinton
13 Senior Judge Charles B. Kornmann Aberdeen 1937 1995–2008 — 2008–present Clinton

Vacancy and pending nomination
Seat Prior Judge's Duty Station Seat last held by Vacancy reason Date of vacancy Nominee Date of nomination
5 Rapid City Jeffrey L. Viken Senior status October 1, 2021[1] – –

Former judges
# Judge State Born–died Active service Chief Judge Senior status Appointed by Reason for
termination
1 Alonzo J. Edgerton SD 1827–1896 1889–1896[Note 1] — — B. Harrison death
2 John Emmett Carland SD 1853–1922 1896–1911[Note 2] — — Cleveland elevation to 8th Cir.
3 James Douglas Elliott SD 1859–1933 1911–1933 — — Taft death
4 Alfred Lee Wyman SD 1874–1953 1929–1953 — — Hoover death
5 George Theodore Mickelson SD 1903–1965 1953–1965[Note 3] 1954–1965 — Eisenhower death
6 Axel John Beck SD 1894–1981 1958–1969 1965–1966 1969–1981 Eisenhower death
7 Fred Joseph Nichol SD 1912–1996 1965–1980 1966–1980 1980–1996 L. Johnson death
8 Andrew Wendell Bogue SD 1919–2009 1970–1985 1980–1985 1985–2009 Nixon death
9 Donald James Porter SD 1921–2003 1979–1992 1985–1991 1992–2003 Carter death
11 Richard Howard Battey SD 1929–2017 1985–1999 1994–1998 1999–2017 Reagan death
  1. Recess appointment; formally nominated on December 16, 1889, confirmed by the United States Senate on January 16, 1890, and received commission the same day
  2. Recess appointment; formally nominated on December 8, 1896, confirmed by the Senate on December 15, 1896, and received commission the same day
  3. Recess appointment; formally nominated on January 11, 1954, confirmed by the Senate on February 9, 1954, and received commission on February 10, 1954

Chief judges

Chief judges have administrative responsibilities with respect to their district court. Unlike the Supreme Court, where one justice is specifically nominated to be chief, the office of chief judge rotates among the district court judges. To be chief, a judge must have been in active service on the court for at least one year, be under the age of 65, and have not previously served as chief judge. A vacancy is filled by the judge highest in seniority among the group of qualified judges. The chief judge serves for a term of seven years or until age 70, whichever occurs first. The age restrictions are waived if no members of the court would otherwise be qualified for the position.

When the office was created in 1948, the chief judge was the longest-serving judge who had not elected to retire on what has since 1958 been known as senior status or declined to serve as chief judge. After August 6, 1959, judges could not become or remain chief after turning 70 years old. The current rules have been in operation since October 1, 1982.

Succession of seats

See also

References
  1. Future Judicial Vacancies

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