Dale v. City of Sioux Falls

[¶ 13.] I agree that a magistrate judge cannot exercise the judicial functions of a circuit court and agree with the authorities cited herein for that proposition, except for State v. Horst, 504 N.W.2d 862 (S.D.1993).

[¶ 14.] In Horst, a circuit court judge was acting as a magistrate judge on a removal from small claims. The majority, over my dissent, held that “since a circuit court judge is always a circuit court judge” that somehow caused the magistrate court to become a circuit court. Horst was wrongly decided then and wrongly relied upon now. We should not use it to support this opinion.