In the Matter of the Interpretation of S.D. Const. Art. V, §§ 2 and 6

ADVISORY OPINION

TO HIS EXCELLENCY, DENNIS DAU-GAARD, THE GOVERNOR OF THE STATE OF SOUTH DAKOTA.

[¶ 1.] Pursuant to South Dakota Constitution article V, § 5 you have requested an advisory opinion from the Supreme Court on two important questions of law dealing with the eligibility requirements for individuals seeking appointment to the South Dakota Supreme Court. You ask:

1. What actions or intent are sufficient to satisfy the requirement of Article V, §§ 2 and 6 that justices of the Supreme Court be voting residents within the district from which they are appointed?

2. At what point in time,…