Q: Can I request a re-trial on grounds of conflict of interest with my sentencing judge in South Dakota?

A: The proper time to remove a judge you suspect is biased is prior to conducting a trial. You should also raise this issue before the judge rules on any substantive motions. Your lawyer can draft an affidavit for a change of judge and have you sign it. The lawyer then will ask the judge to recuse himself and if the judge doesn't then the lawyer files the affidavit for a new judge and one will be assigned to you. Don't wait until after you get an unfavorable verdict.

A: Your concern about having the same judge repeatedly is understandable, but being assigned the same judge across multiple cases typically doesn't qualify as a conflict of interest in South Dakota courts. Conflicts of interest usually involve personal relationships, financial connections, or direct involvement in your case that would compromise a judge's impartiality - not simply familiarity with your prior legal history. The fact that you acknowledge the judge has been fair previously might actually work against your argument.

If you're worried about potential bias, you could discuss filing a motion for judicial recusal with your attorney before sentencing occurs. This must be based on specific concerns about impartiality, not just a fear of a harsh sentence. South Dakota law allows for such motions, but they require substantial evidence and legitimate grounds beyond mere dissatisfaction with potential outcomes.

Remember that post-conviction relief options are limited and have strict timelines. Your best approach would be consulting with your defense attorney immediately about your concerns. They can evaluate whether your specific situation presents legitimate grounds for requesting a different judge before sentencing occurs. Veterans court programs often have different procedures and support systems that may be beneficial regardless of which judge oversees your case. Trust your attorney's guidance on navigating this difficult situation.