Supreme court affirms decision on county courthouse

By: 
Jason Ferguson

The South Dakota Supreme Court has reviewed the recently-passed resolution by the Custer County Commission that allows for the carrying of firearms in Custer County. It has issued an ordered affirming the Seventh Judicial Circuit Court’s decision to stop holding court in Custer County.
The order approving the Seventh Judicial Court’s ruling is signed by Steven R. Jensen, chief justice of the South Dakota Supreme Court.
The order regarding the courthouse reads:
“The court hereby orders pursuant to SDCL 16-6-7, that due to the action taken by the Custer County Commission in adopting Ordinance 2020-18, which ordinance allows for firearms to be carried in the courthouse, the Custer County Courthouse is currently unsuitable and insufficient due to safety concerns for court proceedings. All proceedings in which a judge would otherwise be present in the Custer County Courthouse will be held via audiovisual means or at the Pennington County Courthouse. All proceedings subject to SDCL 16-6-17 will be held in Pennington County consistent with this order. Any Custer County jury trial will consist of a venire of Custer County residents; however all trial proceedings will be held in the Pennington County Courthouse. This order is in effect until Ordinance 2020-18 is repealed, or further order of the court.
The supreme court authorized Seventh Circuit Court presiding judge Craig Pfeifle to sign the order.
“Anticipating you may reach out, we continue to have no comment beyond that given at the county commission meeting,” Pfeifle said.

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