Court cases can take place in federal court, state court, or tribal court. A previous column addressed federal courts. This week’s column discusses state courts and tribal courts. 

State Courts

The state court system is the primary workhorse for the administration of justice. As reported earlier, federal courts serve an important function, but they have limited jurisdiction. 

The statistics are overwhelming. In 2025 there were 202,589 total cases filed in South Dakota state courts — 139,510 criminal and 63,079 civil cases. In the most recent comparable 12-month period for federal courts in South Dakota, there was a total of 942 cases filed in United States District Court for South Dakota — 562 criminal and 365 civil cases. Stated differently, less than 0.5% of the total cases filed in South Dakota courts in 2025 were filed in federal court. 

State courts exercise broad subject matter jurisdiction, meaning that cases not required to be filed elsewhere may be pursued in state court. Further, there is some overlap between state and federal jurisdiction because state courts are permitted to handle some federal claims. 

South Dakota has 46 Circuit Court Judges, 17 Magistrate Judges and five Supreme Court Justices. Courthouses sit in each county seat, with the exception of Todd County and Oglala Lakota County (formerly Shannon County). Todd County uses the Tripp County Courthouse for its judicial docket, and Oglala Lakota County uses the Fall River County Courthouse. 

 Tribal Courts

Tribal courts are the primary forums for litigating civil disputes on the reservation. These courts play a vital role in tribal self-governance. A tribal court’s scope of jurisdiction is often curtailed by federal law. Further, the tribal court must possess subject matter, personal, and territorial jurisdiction over a case before it may hear it. Generally speaking, a tribal court has jurisdiction to hear disputes between its members; disputes between a member and an entity doing business within the Tribe’s boundaries; and certain crimes committed on the reservation. The nuances to tribal court jurisdiction are too complex for a complete discussion here. 

Tribal Courts in South Dakota are to be found for each of the nine Indian Reservations in South Dakota: Cheyenne River Sioux Tribe, Crow Creek Sioux Tribe, Flandreau Santee Sioux Tribe, Lower Brule Sioux Tribe, Oglala Sioux Tribe (Pine Ridge Reservation), Rosebud Sioux Tribe, Sisseton-Wahpeton Oyate (Lake Traverse Reservation), Standing Rock Sioux Tribe (spanning both ND and SD), and Yankton Sioux Tribe. These 9 tribal court systems also have their separate appellate divisions.

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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