Court cases can take place in federal court, state court, or tribal court.  This week’s column will discuss the role of federal courts.

The District of South Dakota (D.S.D.) is the federal trial court in this state and it is divided into four geographic divisions – Sioux Falls (Southern Division), Rapid City (Western Division), Pierre (Central Division), and Aberdeen (Northern Division).  There are separate federal courthouses in each of those locations.  There are three federal judges serving on “active status,” two “senior status” judges who assist with the caseload, plus one federal judge who is not yet fully retired.  In addition, there are three federal magistrate judges and one federal bankruptcy judge.  

Federal Courts handle a high volume of cases, but of a different variety than state courts, which is consistent with the federal government being of limited powers under the U.S. Constitution.  Substantial authority is conferred upon the states for the handling of the everyday affairs of citizens.  Nonetheless, Federal Courts play an important role in protecting federal interests and providing a forum for the handling of lawsuits that invoke federal rights. Federal Courts are also available for a very limited range of disputes arising under state law, as well as many criminal prosecutions arising in Indian Country.

Federal Courts exercise limited subject matter jurisdiction, meaning that only certain types of cases can be handled in federal court, as specified by Congress.  The largest portion of the federal case load in South Dakota consists of criminal cases prosecuted by the U.S. Attorney’s office.  Civil cases brought pursuant to federal law are also filed in federal court.  These cases include bankruptcy filings, civil rights claims, patent infringement disputes, and suits brought by or against the federal government. 

In limited circumstances, a state law claim may be instituted in federal court if the dispute is between citizens of different states.  This is known as diversity of citizenship jurisdiction.  Federal law allows such a case to be heard in federal court if the amount in controversy exceeds $75,000.   There are other qualifying factors, too detailed to describe in this column.

As compared to other federal district courts across the country, the District Court of South Dakota handles a significantly higher proportion of criminal cases that arise in Indian Country.  The South Dakota federal judges also handle a significant number of federal habeas corpus proceedings filed by inmates incarcerated in South Dakota prisons.  The District of South Dakota handles many appeals from decisions of the Social Security Administration and other federal agencies.  In particular, the Western Division sees many appeals from the U.S. Department of the Interior (usually involving management of the national forests or other federal lands).

Of particular interest for South Dakota is the fact that our federal judges tend to process a larger number of jury trials that other U.S. District Courts.  South Dakota typically ranks in the top 5 districts in the country for the number of jury trials handled. 

Appeals from a federal district court in South Dakota are taken to the Eighth Circuit Court of Appeals, which encompasses federal trial courts in seven states (Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota).  One federal appellate judge who sits on the Eighth Circuit has an office in Sioux Falls.

Note: In regard to the preparation of this week’s column, the author would like to thank attorney Sarah Baron Houy for her assistance and input.   

Anyone desiring to communicate with the Author, may do so by sending an e-mail to the author at
rogermbaron@gmail.com .

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