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CUMMINGS v. MICKELSON

No. 18162.

495 N.W.2d 493 (1993)

Doug CUMMINGS, John Kabeiseman and Roger Andal, Applicants, v. George MICKELSON, in his official capacity as Governor of the State of South Dakota, Glen A. Severson, Kathleen K. Caldwell, Respondents.

Supreme Court of South Dakota.

Decided January 28, 1993.

Attorney(s) appearing for the Case

Doug Cummings, Sioux Falls, for applicants.

Mark Barnett, Atty. Gen., Pierre, for respondent Governor Mickelson.

Charles M. Thompson of May, Adam, Gerdes and Thompson, Pierre, for respondents Severson and Caldwell.

GILBERTSON, Circuit Judge.

INTRODUCTION

Applicants Cummings, Kabeiseman and Andal (hereinafter Applicants) challenge the authority of the Governor of the State of South Dakota, George S. Mickelson, to appoint two attorneys to the positions of Circuit Court Judge. The basis for this challenge is the question of when a person receiving such an appointment must establish his or her residency within the judicial circuit to which he or she is appointed as required...

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