South Dakota Circuit Judge Craig Pfeifle has issued an order saying judges won't appear in the Custer County courtroom, after county commissioners passed an ordinance allowing guns in the courthouse.
We support Pfeifle's order, and believe he and every other circuit court judge should be able to control the safety of the courtroom.
Pfeifle is the presiding judge of the 7th Judicial Circuit. County commissioners ignored his opposition to the ordinance, as well as warnings from Custer County's states attorney, who argued allowing guns in the courthouse is a safety risk, legal liability and financial burden.
The proposed order has been sent to the state Supreme Court, which will review it for approval or rejection in January. Meanwhile, court hearings and trials will be overseen by a judge appearing remotely through audio or video feeds or take place at the Pennington County Courthouse in Rapid City.
We recognize South Dakotans are generally pro-Second Amendment (which guarantees citizens the right to bear arms). Last year, lawmakers changed the law to allow people to bring concealed weapons into the state capitol under certain circumstances. Strangely, the Custer County rule allows guns in the building, but not in the courtroom. It's a technicality that would not prevent an incident.
We don't support the idea of people being able to bring guns into either the state capitol or courtrooms. But more importantly, we do support the authority of judges to control the safety and rules of the buildings they serve in. Courts can be the scene of a lot of tension, with allies and foes of criminals and victims in the same room. Adding weapons to the mix is like adding gasoline to a fire.
County commissions and the Unified Judicial System need to get along. Courthouses are owned by the county, but state-employed circuit judges utilize the courtrooms. While commissions should establish rules for the building, we believe judges should have more than just input into safety decisions there. Judges, in particular, could be a target of violence.
We hope the Supreme Court upholds Judge Pfeifle's order. Better yet, we hope the Custer County Commission reverses its order, for the safety of the judicial system.
-- Jon M. Hunter
