Tribal and State Court Questions in South Dakota

South Dakota is home to several Native American nations, and each one has its own court system. That means some legal problems in South Dakota could belong in a tribal court, some in a state court, and some in a federal court. Which court is the right one is often the first question in a case, and the answer is not always obvious.

This guide explains the basic layout of the court systems, where to find official contact information, and why it often makes sense to talk to a lawyer before you file anything or respond to papers.

Two court systems in one state

The state side is run by the South Dakota Unified Judicial System. According to its court structure page, the state has two levels of courts: the Supreme Court and the circuit courts. Circuit courts are the state's trial courts and hear both civil and criminal cases. Magistrate courts work under the supervision of the circuit courts and handle misdemeanor criminal cases, minor civil cases, and small claims.

The tribal side is separate. The Unified Judicial System's overview of tribal courts in South Dakota says there are nine federally recognized Native American tribes in the state, each with its own tribal court system. That same page explains that tribal courts have jurisdiction primarily over cases involving tribal members and matters arising within the boundaries of their reservations. It also says these courts operate independently under each tribe's sovereignty and handle a wide range of matters, including civil disputes, family law, and criminal cases involving tribal members.

In other words, a tribal court is not a branch of the state court system. It is the court of a separate government.

Why "which court?" matters

The word lawyers use for a court's power to hear a case is "jurisdiction." If a case is filed in a court that does not have jurisdiction, it may be dismissed or delayed, and time can be lost. Jurisdiction questions involving tribal land can depend on several things, such as:

• whether the people involved are tribal members,
• where the events happened, including whether they happened inside reservation boundaries,
• what kind of case it is, such as criminal, family, contract, or injury,
• and what tribal, state, and federal law say about that kind of case.

These rules are detailed and can differ from one situation to the next. We are not going to try to sort them out here, and you should be cautious with general rules you read online. A lawyer who regularly handles cases involving tribal and state courts in South Dakota can tell you which court, or courts, may be involved in your situation.

Common situations where the question comes up

People in South Dakota often run into tribal and state court questions in situations like these:

• Family matters. Divorce, custody, child support, and adoption can raise questions about which court should decide. Cases involving Native American children may also involve the federal Indian Child Welfare Act (ICWA). The tribal courts page links to ICWA information for each tribe.
• Contracts and debts. A business dispute or a debt involving a tribal member or a business on reservation land may raise questions about where a case can be brought.
• Injuries and accidents. A car crash or other injury on or near reservation land can raise questions about which court and which law apply.
• Criminal charges. Who has authority to prosecute can depend on the people involved and the location. Anyone facing charges should speak to a criminal defense lawyer right away.

If you have received court papers, read them carefully. They will usually say which court they came from. Do not ignore papers from any court, even if you believe it is the wrong court. Deadlines may still run.

Finding the right tribal court

The South Dakota tribal courts page lists contact information for each tribe, along with links to tribal court websites and ICWA information. Not every address is in South Dakota: the listing for the Standing Rock Sioux Tribe, for example, gives an address in Fort Yates, North Dakota. The page also points to a directory of tribal ICWA agents and enrollment officers kept by the South Dakota Department of Social Services, and to a map of tribal lands from the South Dakota Department of Tribal Relations.

Each tribal court has its own rules, including rules about who may appear in court as a lawyer or advocate. Some tribal courts keep their own list of people allowed to practice there. Ask the tribal court clerk what is required. Do not assume that a lawyer licensed by the State Bar of South Dakota is automatically allowed to appear in every tribal court.

For general contact information for South Dakota state agencies, the USAGov state governments page is a reliable starting point.

Finding the right state court

If your matter belongs in state court, the Unified Judicial System's court finder on ujs.sd.gov helps you identify which of the state's judicial circuits covers your county. The local Clerk of Courts office can answer questions about procedure, but court staff cannot give legal advice.

How to choose a lawyer for these questions

When you contact a lawyer, ask directly about their experience with tribal and state court jurisdiction in South Dakota. Useful questions include:

• Do you appear in tribal court, state court, or both?
• Are you admitted to practice in the tribal court that may be involved?
• Have you handled matters like mine involving the same tribe or the same part of the state?
• How do you charge, and what costs are separate from your fee?
• Who will work on my case day to day?

You can check a lawyer's state license through the State Bar of South Dakota. The UJS court case FAQ also mentions the State Bar's Lawyer Referral Service, which helps people find local lawyers. You can browse lawyers in South Dakota on our site and confirm any license before you hire. If your concern involves equal treatment or government action, our page on civil rights law explains what those lawyers generally do.

Free and low-cost help

The UJS Get Legal Help page describes SD Law Help, a website created by three nonprofit legal aid groups serving South Dakota and local Tribal Nations. You can apply online for free or low-cost help in civil matters, and your application is forwarded to the program that fits your situation. The page also describes the Justice Bus, a mobile legal aid office run by Dakota Plains Legal Services. Eligibility rules apply.

If you are charged with a crime in state court and cannot afford a lawyer, the same page explains how to apply for a court-appointed attorney. It notes that the court will not appoint a lawyer for a civil case.

Frequently asked questions

Is a tribal court part of the South Dakota court system?

No. According to the South Dakota Unified Judicial System, tribal courts operate independently under each tribe's sovereignty. They are separate from the state's circuit and magistrate courts.

How do I know whether my case belongs in tribal court or state court?

It depends on facts such as who is involved, where events happened, and the type of case. Because the rules are detailed, ask a lawyer who handles both tribal and state matters in South Dakota before you file.

Can any South Dakota lawyer appear in tribal court?

Not necessarily. Tribal courts set their own rules about who may practice before them. Ask the tribal court clerk, and ask the lawyer whether they are admitted there.

What if I got papers from a court I think is the wrong one?

Do not ignore them. Talk to a lawyer quickly, because deadlines may still apply even while the question of the right court is being sorted out.

This page is general information, not legal advice. Laws change and every case is different — talk to a licensed attorney about your situation.