Custer County

Custer County follows South Dakota law on arrests, release, and courts. These rules are the same in every county in the state; the full set covers prosecutors, defense, and jails too.

Who decides release first

A clerk magistrate, a court clerk who is not a lawyer, usually sets the first bond or grants personal recognizance from the presiding judge's fine and bond schedule, for felonies as well as misdemeanors. Murder, first-degree manslaughter, and kidnapping go to a circuit or magistrate judge. Domestic abuse bond is set by a magistrate judge or circuit judge.

SDCL 16-12C-10SDCL 16-2-21UJS Fine and Bond Schedule for Use by Clerk Magistrates

Time to see a judge

Police must take an arrested person before the nearest available committing magistrate without unnecessary delay. South Dakota law sets no number of hours.

SDCL 23A-4-1

Money bail

South Dakota courts may set money bond, and clerk magistrates set it from a dollar range in the bond schedule.

SDCL 16-12C-10UJS Fine and Bond Schedule for Use by Clerk Magistrates

Courts

The circuit court tries felonies and other criminal cases. Magistrate courts, run under the circuit courts, hear misdemeanors and ordinance violations when a magistrate judge presides, and petty offenses and bond setting when a clerk magistrate presides. There are no city or county courts.

South Dakota Unified Judicial System, Guide to South Dakota CourtsSDCL 16-12B-11SDCL 16-12C-11

Judges and magistrates

Voters elect circuit judges to eight-year terms in nonpolitical elections, and the governor fills vacancies from nominees picked by the Judicial Qualifications Commission. The presiding judge of each circuit appoints law-trained magistrate judges to four-year terms. Clerk magistrates are court clerks with special training who need only a high school education.

SDCL 12-9-1State Bar of South Dakota, South Dakota's court systemSDCL 16-12B-1.2, 16-12B-1.3SDCL 16-12C-2

Read from the statutes and court rules cited, 2026-09-30. Some of this is medium confidence and still being checked. The 8-year circuit term is from the State Bar page; the constitution page would not render. Whether jailers apply the bond schedule with no clerk magistrate is unknown. The state's attorney's term length and the 2023 state Office of Indigent Legal Services' role were not checked.

• Custer2,341
• Hermosa town353
• Pringle town206
• Buffalo Gap town131
• Fairburn town61

Every city, village, town, and township with any of its land in Custer County, largest first. Population, the whole place's: Census Bureau American Community Survey 5-year estimates, 2020 to 2024.

• Custer County Sheriff's OfficeSheriff or county police9,603 served
• No name SD0160200City police department380 served

Agencies: FBI NIBRS master file 2025 batch headers; names from the FBI agency list, pulled 2026-09-29. An agency that serves several counties appears on each. Population served is the FBI's figure.