S.D. 6th Jud. Cir., Judge Christina L. Klinger Preferences

CIRCUIT JUDGE PREFERENCES:

Judge Christina L. Klinger

Sixth Circuit Rules and Policies

The 6th Circuit has rules and policies regarding notices of hearing, briefing, non-release of bond money posted by

third parties, court appointed counsel, media, and other matters. Go to https://ujs.sd.gov/court-finder/sixth-

judicial-circuit and click “Circuit Forms and Policies.” Those rules and policies apply to all courts in the Sixth

Circuit, and the preferences herein are intended as a supplement to those documents.

Contact Information:

Judge Christina L. Klinger

P.O. Box 1238

Pierre, SD 57501

(605) 773-5833 (Hughes County Clerk)

Christina.klinger@ujs.state.sd.us

Jessica Paulsen

P.O. Box 1238

Pierre, SD 57501

(605) 773-8227 (direct)

jessica.paulsen@ujs.state.sd.us

My chambers are located on the third floor of the Hughes County Courthouse.

Court Reporter

• Jessica Paulsen is my court reporter.

• You must request and pay for a transcript if you want one. Please direct all transcript requests to Jessica

Paulsen.

Scheduling

• I preside over matters in Mellette County, Jones County, and Hughes County felony cases. I also preside over

the Sixth Circuit Treatment Court.

• Routine matters should be scheduled on a regular court day with the clerk of court.

✓ Routine criminal matters include initial appearances, arraignments, and most non-evidentiary

hearings, sentencings or dispositions. Routine civil matters include child support status hearings,

uncontested probate and guardianships, default judgments, and temporary protection order advisory

hearings. Any routine hearing should be scheduled with the clerk of court in the appropriate county.

• All trials, evidentiary hearings, and other hearings which will take longer than fifteen minutes are not routine

matters and should be scheduled directly with Jessica Paulsen. Please be aware that if you schedule a lengthy

hearing on a regular court day without notice and approval, it will be continued at the time of the hearing, even

if witnesses have traveled long distances.

• I do not receive notice of e-filings. If you file a motion that you would like heard by the Court, it is your

responsibility to contact the clerk or Jess Paulsen to schedule a time for the hearing and provide all service

required in a timely manner. Motions must be filed before you will receive a hearing date.

• If you are inquiring when a document will be signed by the Court, contact the clerk of court.

• The initial hearing on a temporary protection order is an advisory hearing, not an evidentiary hearing. If the

respondent wants a hearing on the request for permanent protection order, it will be scheduled at a later date

and the temporary protection order extended to the date of trial.

• Jessica Paulsen will send out my standard scheduling order with deadlines on every case scheduled for trial.

The scheduling order includes an informational conference, which is intended to address unanticipated issues

and organization of the trial. The informational conference is not intended to address substantive issues filed

by motion. A hearing to address substantive issues filed by motion should be scheduled with Jess Paulsen.

• Telephonic, ITV, zoom, or other electronic appearances must be approved in advance. Please direct the

request to Jessica Paulsen.

E-filing, Orders, and Findings/Conclusions

• Do not provide me with courtesy copies of your filings unless I specifically request them.

• Emails to the Court may or may not be filed. Do not assume that your email will make it into the file or be

responded to immediately. If it is important to get into the record, file a motion and set it for hearing. It is your

responsibility to request a hearing date from Jess Paulsen after you have filed a motion or request.

• I do not receive electronic notice of all filings. If you are asking me to rule on a default or stipulated order

without hearing, then you must properly e-file a proposed order. If you do not file the proposed order, I will

not know the case is awaiting decision.

• Uncontested orders and court-appointed attorney vouchers should be e-filed in Odyssey as a proposed order. I

prefer to sign routine orders in Odyssey because they are tracked by the system and cannot fall through the

cracks. If I want to make changes, I will make the change on odyssey or ask you for a Word version.

• File proposed orders that you want in the record, and each will be refused or modified. Do not file a proposed

order on a motion until after a hearing has been held or the parties have agreed on the order. Any order

submitted prior to a hearing or without agreement of the parties will be denied and the party will be required

to resubmit the order as a proposed document again after the hearing.

• Proposed findings of fact and conclusions of law should be provided to me via email in Word so I can revise

and file. File proposed findings and conclusions that you want in the record and each will be refused or

modified. If you are requested by the Court to provided findings and conclusions, the proposal should reflect

the decision. If you want to file additional findings and conclusions to preserve the record, that should be

done in a separate filing on odyssey and the document title must be clearly marked as the party’s proposal.

Motions and Briefs

• Motions, briefs, exhibits, and related documents should be e-filed in Odyssey. File the exhibits as

part of the brief. Do not file exhibits as attachments.

• I require pre-trial and pre-hearing briefs for most evidentiary issues, including suppression hearings.

Sixth Circuit Rule 2 applies to all briefs.

• Motions and briefs should always address the burden of proof and which party shoulders it. Briefs

should include citation to the applicable statutes, rules, and controlling case law.

• All lawyers are expected to know and comply with their ethical obligations under South Dakota Rule

of Professional Conduct 3.3(a) before signing their name to a brief.

• If you submit a deposition or other lengthy document in support of a motion, cite to the specific line

and page and highlight that portion you believe is relevant to your motion and why.

• You are required to contact Jess Paulsen to schedule a motion for hearing. Motions must be filed

before you will be given a date and time for hearing.

• Criminal cases - Motion for Continuance – Before making a motion for continuance, you are

required to contact the adverse party to determine whether there is an objection to a continuance.

Any request for continuance must be made by filing a Motion For Continuance and Order Regarding

Motion for Continuance as a proposed order on odyssey. A motion and order are attached to my

preferences for convenience. A continuance must be requested at least 48 hours prior to the hearing

date unless there are unique circumstances or an emergency basis for the continuance. The Court will

consider and rule on the motion or will schedule a date for a hearing to be held on the motion for

continuance. Unless pre-approved by the Court, a motion for continuance will not be heard on a

regular court date regardless of whether the case is scheduled for a separate appearance on the

calendar.

• Judgment of Convictions and all proposed criminal orders should be shared between the parties prior

to submission to the Court. If there is no disagreement, the document should be filed as a proposed

document in odyssey. If there is a disagreement, both parties should file their proposed document in

odyssey and email a copy to me. The Court will contact the parties if further action is needed.

• Do not file a proposed order on a motion until after a hearing has been held or the parties have

agreed on the order. Any order submitted prior to a hearing or without agreement of the parties will

be denied and the party will be required to resubmit the order as a proposed document again after the

hearing.

Pleas/Sentencing

• Defendants in drug cases will normally be ordered to submit to a urinalysis before sentencing

pursuant to their bond conditions.

• Presentence investigation reports are common practice in the Sixth Circuit in felony cases.

Generally, I will not order a PSI for class V or VI felonies. If a suspended imposition of sentence is

requested or the state will argue aggravating circumstances, a PSI may be ordered. If your client

intends to plead guilty to a felony and request sentencing on the same day, I appreciate knowing that

in advance along with the parties’ request for a SIS or intent to make aggravating circumstances

arguments.

• Defendants sentenced to jail or penitentiary time should be prepared to be remanded immediately.

Jury Selection

• The clerk will pre-draw the jury panel and provide counsel with the pre-draw list upon request of

each party. Jurors will be called and replaced in the order of their pre-draw number. We will seat

twelve plus preemptories and alternate(s).

• I will generally address statutory qualifications but allow counsel to conduct the majority of voir dire.

Courtroom Practices

• All attorneys making an appearance in court are expected to dress in business professional attire.

Blue jeans are not permitted if you are making an appearance.

• All persons are expected to stand quietly when the judge and the jury are entering and leaving the

courtroom out of respect to the judicial process.

• I do not require that lawyers and clients stand when addressing the Court.

• Please ask your witness to spell his or her name and warn the witness against answering non-verbally

or talking over you so the record is clear.

• If you object to a question or exhibit, state your legal objection and do not give a speech.

• Lawyers may use their cell phones and laptops/tablets for work purposes as long as they are on silent

mode and not causing a disruption and they notify law enforcement in the courtroom that they will

be using the device.

• Audio or video recording of proceedings is prohibited without a court order.

Miscellaneous

• If you are a lawyer whom I’ve never met, feel free to ask Jessica Paulsen or the clerk to call me out

of chambers before court or on a recess so you may introduce yourself.