Cummings v. Mickelson

OVERVIEW

The following is my view on this case believing the majority's authorities support my position. A vital flaw in the majority’s holding is that it uses a historical perspective to support its conclusion, but it fails to include the history behind the phrase “voting resident.” Thus, the writing I now contribute analyzes the latter phrase and reaches the opposite result. Accordingly, I respectfully dissent.

Significant to the issues before this Court is when Severson and Caldwell became eligible to serve as judges in their respective circuits. In Article V, § 6 of the South Dakota…