Current through the 2024 Legislative Session
Review of Commission Proceedings(a) Within thirty days of service of the commission's findings, conclusions and recommendation, the judge may file an original and five copies of a formal petition with the Supreme Court for modification or rejection of the commission's recommendation. The petition must be based upon the record, specify the grounds relied upon, and be accompanied by a brief in support thereof. Three copies of the petition and brief must be served upon the commission, and proof of such service must be filed with the Supreme Court at the time of the filing of the petition.(b) Within twenty days of service of the petition and supporting brief, the commission may serve and file the original and five copies of an answering brief.(c) Within fifteen days of service of the commission's brief, the judge may serve and file the original and five copies of a reply brief.(d) Failure to file a petition within the time provided may be deemed a consent to a determination on the merits based upon the record filed by the commission.SDCL tit. 16, ch. 1A, app TO CHAPTER 16-1A, III, 28