(concurring in part, dissenting in part).
I concur in the majority disposition of issues II to IV, inclusive, but I dissent from the majority on issue I. In spirit, I agree with Justice Sabers’ argument, as far as it goes, and I agree that the rule does not need amendment.
SDCL 15-12-26 arises from a Supreme Court rule. The rule is designed and has well served the process of the recusal of a trial judge from an individual case where, for appropriate reason, a party feels that the trial judge should not preside. In this case, however, we have an aberration. The trial judge, who was elected by the voters of the Seventh Circuit to preside over civil and criminal trials in that circuit, is the target of a campaign by the states attorney of one county in the circuit, to remove that trial judge from the trial of all criminal felony cases in that county. That cannot be. State’s Attorney Groff is an officer in the Executive Branch. By this offensive conduct, he has, for over two years exerted control over a duly elected officer of the Judicial Branch. The majority finds itself too busy attempting to analyze the rule with respect to the state’s attorney’s conduct. This need not be. Groff’s conduct is purely and simply bad faith. It cannot be countenanced under the good faith requirement of the rule.
I would affirm the reinstatement of Judge Tice to preside over the defendants’ cases.