South Dakota Legal News

S.D. Supreme Court holds public hearing on proposals including parent-time commission

Wed, 26 Aug 2020 07:00:00 GMT

KELO News

No one stepped forward Tuesday to speak against the South Dakota Supreme Court’s potential new rule establishing a statewide commission on noncustodial parenting time.

There also wasn’t any opposition to a proposal that would let state judges under certain circumstances, such as an election or a recall, issue public comments about their past decisions in response to criticism.

No one spoke for or against a proposal that would let judges and lawyers in certain circumstances alert potential victims or others, if a lawyer or law student in an otherwise confidential proceeding has expressed a desire to commit harm to her/himself or others.

S.D.: Specialty courts continue saving money and lives

Tue, 25 Aug 2020 07:00:00 GMT

KCCR News

An option that helps some people avoid prison time and saves the state money appears to be making progress.

South Dakota Supreme Court Chief Justice David Gilbertson helped start drug courts, which are now used across the state.

Read more and access audio clips at: http://www.todayskccr.com/specialty-courts-continue-saving-money-and-lives/

University of South Dakota renames law school after receiving $12.5M donation

Fri, 21 Aug 2020 07:00:00 GMT

National Jurist

South Dakota’s only law school is getting a new name. The University of South Dakota will now be known as USD Knudson School of Law after the school received $12.5 million.

David Knudson, who the law school is named after, is a lawyer, businessman and politician in Sioux Falls. The $12.5 million donation came from T. Denny Sanford, a friend and colleague of Knudson. The school says the gift will ensure the law school remains a national leader in excellence, service and leadership.

"It's quite meaningful to see an investment of this size and to see the vision Mr. Sanford and Mr. Knudson have for securing the future of law in the state of South Dakota," said USD President Sheila Gestring.

S.D. justices take company’s side in a dispute with state’s underground storage tanks program

Mon, 17 Aug 2020 06:00:00 GMT

KELO News

A circuit judge in a financial case correctly ruled against state government’s program for cleaning up leaks from underground storage tanks, the South Dakota Supreme Court said.

In a decision released Thursday, the justices agreed then-Judge Patricia Devaney was right to dismiss state government’s claims against a company, BP plc, regarding pollution at 27 sites in South Dakota.

Devaney is now a Supreme Court justice. Circuit Judge Susan Sabers replaced her on the Supreme Court’s consideration of the appeal.

Read the court's opinion at: https://ujs.sd.gov/uploads/sc/opinions/28933c47174d.pdf

SD legislators direct justices to take another look at parenting time

Tue, 11 Aug 2020 06:00:00 GMT

KELO News

The South Dakota Supreme Court is considering whether to start a state commission on parenting-time guidelines.

The five justices plan a hearing Tuesday, August 25, starting at 9 a.m. CT, in the court’s chamber on the second floor of the state Capitol.

The proposal of a new commission comes after the Legislature passed HB 1140 last winter, telling the Supreme Court to develop a public hearing process to review the minimum standard guidelines and to recommend any changes.

Former South Dakota Attorney General Meierhenry dies

Fri, 31 Jul 2020 05:00:00 GMT

Sioux Falls Argus Leader

Mark Meierhenry, a former South Dakota attorney general and the patriarch of an influential legal family, died early Wednesday. He was 75.

Meierhenry was a 1970 graduate of the University of South Dakota School of Law. He went on to serve two terms as attorney general from 1979 to 1987, a timeframe that overlapped the first two terms of Gov. Bill Janklow’s tenure in office, who had preceded Meierhenry as attorney general.

During his eight years, Meierhenry argued six times before the U.S. Supreme Court, compiling a 3-3 record.

S.D.: Excellence in law and friendship

Fri, 19 Jun 2020 06:00:00 GMT

KELO News

Two longtime figures in the South Dakota law community are receiving a prestigious honor.

South Dakota Supreme Court Chief Justice David Gilbertson and the late Justice Steven Zinter will both be the recipients of this year’s McKusick Award.

It’s named after the late Marshall McKusick, who dedicated decades of his life to the legal profession and the USD School of Law.

South Dakota Supreme Court Chief Justice David Gilbertson only has months left in this office at the State Capitol.

Jensen picked to lead South Dakota supremes

Wed, 03 Jun 2020 07:33:00 GMT

Pierre Capital Journal

Upon the planned retirement of South Dakota Supreme Court Chief Justice David Gilbertson in January, Justice Steven Jensen will take the role of leading the state's highest court, officials announced on Tuesday.

Jensen, a resident of Union County, became a circuit judge in 2003 and was appointed to the high court in 2017. Jensen grew up on a farm near Wakonda, South Dakota. He received his undergraduate degree from Bethel University in St. Paul, Minnesota in 1985 and his Juris Doctor from the University of South Dakota School of Law in 1988. He clerked for Justice Richard W. Sabers on the South Dakota Supreme Court before entering private law practice in 1989.

USD law school fell below bar-exam threshold

Tue, 02 Jun 2020 06:00:00 GMT

KELO News

South Dakota’s only law school was one of 10 nationwide that didn’t meet a key standard, set by a council of the American Bar Association, that 75 percent of an institution’s law graduates pass a bar exam within two years.

There are 203 schools accredited by the ABA. The University of South Dakota School of Law group for the 2017 academic year had 67 percent of its graduates pass the bar within two years, which was below national compliance.

Neil Fulton, USD law school dean since 2019, said Monday the ABA standard was adopted in 2019 and took immediate effect. He said the USD passage rate for the 2018 cohort was 79 percent, and for 2019 it was 86 percent.

S.D.: COVID-19 pandemic bogs down court system

Tue, 26 May 2020 06:00:00 GMT

Black Hills Pioneer

Since the start of the COVID-19 pandemic, the wheels of justice continue to turn in Lawrence County. They’re just going a bit slower than usual.

With defendants’ bond amounts lower than usual, longer than normal adjudication timeframes, suspension of the speedy trial act, and even an extended year-long service stint for seven current jury panels, those committing crimes will still have their day in court. It just may be later rather than sooner.

“The biggest difference is that, a lot of these people, when they’re supposed to appear in circuit court, are appearing through their lawyer by affidavit,” said Lawrence County State’s Attorney John Fitzgerald. “That was never allowed, prior to this pandemic, on felonies and then, the case is then being continued down the road. It’s not uncommon to get a continuance of a case for two months.”

USD Law School among first to be back with face-to-face education this fall

Tue, 19 May 2020 06:00:00 GMT

KELO News

The South Dakota Board of Regents has decided that universities will resume in-person classes at the start of the fall term.

Among the first to start is the Law School at USD, which normally begins in the first week in August.

Law School Dean Neil Fulton says it won’t be classes as usual.

Billionaires stashing funds in South Dakota trusts

Mon, 11 May 2020 06:00:00 GMT

Pierre Capital Journal

South Dakota’s unusual stature as a leader nationwide in chartering trusts has been in the national headlines in recent weeks because of a new turn in a Texas billionaire’s messy divorce.

CNBC said this week: “South Dakota is fast becoming a mini-Switzerland for the world’s rich.”

“Analysts and local politicians estimate that $250 billion to $900 billion is now stashed in South Dakota trusts by the likes of Chinese billionaires looking to keep their fortunes out of reach of the government, Europeans looking to avoid taxes and Americans looking to shield wealth from spouses,” the network added.

S.D.: Juvenile justice reform movement aided by detention decline during crisis

Wed, 06 May 2020 06:00:00 GMT

A downward trend in juvenile-detention populations during the pandemic is renewing hopes among reform advocates. The numbers are reflected in a national survey that reached out to agencies in 30 states, including South Dakota.

Funded by the Annie E. Casey Foundation, the report shows a 24% drop nationally in the number of young people held in local detention centers in March.

Nate Balis, director of the Casey Foundation's Juvenile Justice Strategy Group, said this creates a window for longstanding changes.

SD Supreme Court oral arguments via Zoom

Mon, 27 Apr 2020 06:00:00 GMT

Pierre Capital Journal

Traditionally, the South Dakota Supreme Court holds oral arguments - open to the public - either at its courtroom in the State Capitol, at the University of South Dakota School of Law or another public institution like a college.

In response to the current pandemic, the court held its April term five oral arguments this last week using Zoom. The justices were in separate rooms in Pierre, Rapid City, Vermillion and Sioux Falls, while the participating attorneys were in their offices around South Dakota. In all other respects, the normal procedure for oral arguments was followed.

State panel begins steps in nominating a new justice for the South Dakota Supreme Court

Mon, 06 Apr 2020 06:00:00 GMT

KELO News

State law requires that South Dakota Supreme Court Chief Justice David Gilbertson must retire no later than January 5, 2021.

The state Judicial Qualifications Commission recently issued an official notice to all active members of the South Dakota State Bar that the application period was open.

Among the commission’s roles are screening applicants and recommending at least two names to Governor Kristi Noem. Her choice becomes South Dakota’s newest justice.

All 62 courthouses in South Dakota remain operational

Wed, 01 Apr 2020 08:00:00 GMT

KELO News

While state, county, and city government offices across South Dakota have closed and moved to operating online or by phone, the court system in the state is still up and running.

South Dakota Supreme Court Chief Justice David Gilbertson says they are trying to be realistic about the risks of COVID-19 while also maintain an ongoing court system in every county in the state.

S.D. courts delay trials, excuse no-shows, reduce jail population

Mon, 23 Mar 2020 06:00:00 GMT

Brookings Register

South Dakota courts are delaying trials, excusing no-shows, attempting to reduce jail populations and taking other measures to help prevent the spread of the coronavirus.

The Centers for Disease Control and White House have recommended people avoid crowds and close contact with others, which are often impossible to do in crowded courtrooms and jails housing hundreds of people.

The state’s seven judicial circuits have all released detailed COVID-19 procedures after the South Dakota Supreme Court declared a judicial emergency on March 13 and ordered presiding judges to create such policies.

Most fed. court business in S.D. delayed

Fri, 20 Mar 2020 06:00:00 GMT

News Center 1

Coronavirus concerns are shutting down almost all federal court business in South Dakota.

The orders were announced in a special edition attorney newsletter released on Wednesday, March 18.

Chief Judge Roberto Lange of the U.S. District Court District of South Dakota has issued two standing orders affecting all federal courthouses in the state: one delaying all grand juries and criminal and civil jury trials until at least April 24th; the other limiting access to all federal courthouses.

SD courts delay trials, excuse no-shows, reduce jail population for coronavirus

Thu, 19 Mar 2020 06:00:00 GMT

Rapid City Journal

South Dakota courts are delaying trials, excusing no-shows, attempting to reduce jail populations and taking other measures to help prevent the spread of the coronavirus.

USD law professor edits journal focused on agriculture policy

Tue, 17 Mar 2020 06:00:00 GMT

Yankton Press and Dakotan

Thomas Horton, a professor of law and the Heidepriem Trial Advocacy Fellow at the University of South Dakota School of Law, served as guest editor of the winter issue of Competition Policy International’s journal Antitrust Chronicle.

The winter issue focused on agriculture policy. Horton assisted the publisher with the solicitation and final selection of the seven articles included in the chronicle. In addition to assisting with the selection process, Horton partnered with third-year law student Dylan Kirchmeier to research and draft an article for the publication focused on the right to repair in context of agricultural equipment. It is titled “John’s Deere’s Attempted Monopolization of Equipment Repair, and the Digital Agricultural Data Market – Who Will Stand Up for American Farmers.”