SD Supreme Court sides with decision to move court proceedings

RAPID CITY, S.D. – The South Dakota Supreme Court has reviewed the recently-passed resolution by the Custer County Commission that allows for the carrying of firearms in the Custer County Courthouse and has issued an ordered affirming the Seventh Judicial Circuit Court’s decision to stop holding court in Custer County because of the ordinance.

The state Legislature in 2020 passed a law that allows county courthouse employees to have guns in courthouses, but not in courtrooms. The Custer County ordinance- passed in November 2020 –  allowed members of the public to do the same because the commission said in the ordinance that,  “it recognizes the right to bear arms” and “believes it is in the best interest of Custer County to allow persons to possess firearms in or on the county courthouse and county properties in Custer County.”

After Custer County commissioners voted in November 2020 to allow firearms in the courthouse, Seventh Circuit Court Judge Craig Pfeifle moved court proceedings from  the Custer courthouse to the Pennington County Courthouse in Rapid City, saying the Custer Countyordinance made the building “unsuitable and insufficient” because of safety concerns for court proceedings.

The Chairman of the Custer County Commission, Jim Lintz, said he was surprised at Pfeifle’s ruling, even though Lintz said the Pfeifle informed the commission he would move court proceedings to Pennington County facilities  if they passed the ordinance.

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