Fourth Circuit Court Judge John Fitzgerald resigned from his position Tuesday, becoming the latest in a series of recent changes within the Fourth Judicial Circuit.
Fitzgerald said he stepped down in order to run for South Dakota attorney general, citing both his experience and a legal requirement preventing judges from seeking office while serving on the bench.
His departure marks the fourth shift in the circuit in recent weeks. Judge Michael W. Day previously announced his retirement effective June 8, prompting Gov. Larry Rhoden to appoint Judge Chad Callahan. South Dakota Supreme Court Chief Justice Steven Jensen also named Michelle K. Comer as presiding judge for the circuit.
The Fourth Judicial Circuit covers Butte, Corson, Dewey, Harding, Lawrence, Meade, Perkins and Ziebach counties.
Fitzgerald, who was elected to the bench in November 2022 and sworn in in January 2023, would have been required to step down in 2027 due to the state’s judicial age limit of 70.
The vacancy created by Fitzgerald’s resignation is expected to be filled through the state’s judicial appointment process.
The Republican nominee for attorney general will be selected by party delegates at the South Dakota Republican State Convention, scheduled for June 25–27 at The Monument in Rapid City.
Other Republicans seeking the nomination include McPherson County State’s Attorney Austin Hoffman and Lance Russell, the state’s attorney for Fall River and Oglala Lakota counties and a former legislator.
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