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South Dakota Supreme Court justices step aside in Janklow appeal
by Cara Hetland, Minnesota Public Radio
March 5, 2004

A group of circuit judges from across South Dakota will serve as a temporary Supreme Court. They will hear two appeals from former congressman Bill Janklow. Janklow appealed his sentence and conviction, but all five sitting Supreme Court justices had to disqualify themselves. Janklow appointed all of them to the bench.

Sioux Falls, SD — It's very unusual for the entire Supreme Court to step down from a case, but it happened rather recently. Lynn Sudbeck, the court's staff attorney, says all five justices had a personal connection to a case about three years ago.

"One of the parties was a Supreme Court employee that all of the justices work with on a daily or almost daily basis," Sudbeck said. "Because of that personal bias or personal knowledge working relationship with that person they felt the need to recuse themselves from that case. So all five were recused and five circuit court judges were appointed."

The South Dakota Supreme Court hears every appeal from the circuit court bench but the case load isn't heavy. Less than one percent of South Dakota's lower court felony rulings are appealed. The court ruled on about 450 cases last year.

They don't want to do anything that would justify a reversal at any step of the process. - Bill Richardson

The Chief Justice must appoint replacements for the high court. He selected five circuit judges from around the state. Lynn Sudbeck says there are no official requirements about how to choose a replacement.

"That's a decision that's left up to the chief, to appoint the circuit judges that are available and certainly we needed to check to make sure that none of these judges would have any bias or need to disqualify themselves before making the appointment," said Sudbeck.

Bill Janklow has two separate appeals for the Supreme Court to consider. One asks that his manslaughter conviction be overturned. A Moody County jury found Janklow guilty last December in the death of a motorcyclist. Janklow was sentenced to three years probation and 100 days in a county jail. Earlier this week Janklow asked a judge to let him out of jail while his conviction is appealed. Judge Rodney Steele said no. Janklow is also appealing that ruling to the Supreme Court.

Bill Richardson, chair of the political science department at the University of South Dakota, says so far the judicial system has earned the public's trust.

"With a case that is so high profile you that you know is going to receive scrutiny not just from the media. Not just from the legal profession but quite possibly as it gets appealed beyond the South Dakota Supreme Court that they don't want to do anything that would justify a reversal at any step of the process," said Richardson.

Richardson says Janklow's legal battles will go on for years. The motorcyclist's family filed a civil suit against Janklow in district court in Minneapolis.

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