State v. Andrews

SABERS, Retired Justice

(concurring in part, dissenting in part).

[¶ 16.] I concur with the Court’s conclusion that the State failed to satisfy the first part of the test in that a prosecutor is not a competent judicial officer. However, I disagree with this Court analyzing and deciding the second part of the test, when the circuit court did not reach the issue. We have repeatedly declared that this Court will not pass on an issue not decided by the circuit court. See, e.g., In re GCC License Corp., 2001 SD 32, ¶ 22, 623 N.W.2d 474, 483; Steiner v. County of Marshall, 1997 SD 109, ¶27, 568…