Seventh Circuit Judge Thomas Trimble will determine whether Judge Jack Delaney should hear the murder case involving 51-year-old Robert Goulding of Rapid City.
Pennington County prosecutors had asked Delaney to recuse himself, meaning he would agree to let another judge handle the case. Delaney declined.
Prosecutors and defense attorneys can make one request for recusal on a case. They do not have to give a reason but generally do so if they believe a judge cannot be fair and impartial.
Judges also can choose to recuse themselves. It's rare for a judge to refuse a request to step aside.
The issue was referred to presiding 7th Circuit Judge Jeff Davis, who recused himself and turned the matter over to Trimble. A decision is pending.
Goulding stands accused of shooting and killing 56-year-old Allen Kissner in November at Sheridan Lake. Kissner died from a gunshot wound to the head.
Goulding has pleaded not guilty to a murder charge. His wife, 58-year-old Nancy Ellwein, has pleaded not guilty to being an accessory to murder.
