Cummings v. Mickelson

I concur in result, but I would hold that this action should be treated as in quo warranto, and that a judicial candidate or applicant need be a resident of the circuit from which he or she is elected or appointed at the time of election or appointment and not before.

PROCEDURE

The applicants seek a writ of prohibition pursuant to SDCL 21-30. The original request was to prohibit Governor Mickelson from appointing Severson and Marshall (later Caldwell) to the position of circuit judge. When the petition was answered by the defendants, it was established that 1) the appointments were already…