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Municipal Calendar

Municipal Calendar

warning a remedy is available—the exclusion of the resulting statements in any subsequent criminal trial.

The brief also points out the negative consequences for local governments if money damages are available. “The potential burden on local governments and local law enforcement is staggering. On any given day, police offi cers interact with tens of thousands of their fellow American citizens, often in ways that involve posing direct or indirect questions and in circumstances that may or may not be custodial. Under the Ninth Circuit’s rule, an officer would either have to provide prophylactic Miranda warnings at practically every one of those interactions, or else face potential personal liability for damages if the resulting statements are later admitted at a criminal trial over the defendant’s objection that he was in custody when they were made.”

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Harker Rhodes, Kirkland & Ellis, wrote the SLLC amicus brief which the following organizations joined: National Association of Counties, National League of Cities, U.S. Conference of Mayors, International Municipal Lawyers Association, National Sheriffs’ Association, Major County Sheriffs of America, California State Association of Counties, and the City of Chicago.

CONCLUSION

Interestingly, all three cases present issues which could arise at any local government on any day. Local governments engage in government speech constantly. Local governments, like all employers, want to stop employees from engaging in a variety of activities while at work. And every time a police offi cer interacts with someone, he or she must decide whether to recite Miranda. The Court will issue opinions in all of these cases by the end of June 2022. ■

The State and Local Legal Center (SLLC) fi les Supreme Court amicus curiae briefs on behalf of the Big Seven national organizations representing state and local governments.

*Indicates a case where the SLLC has or likely will fi le an amicus brief.

Recent Directory Updates

For the 2021-2022 Directory of South Dakota Municipal Offi cials The list below refl ects updates to the directory received since the list included in the March 2022 SD Municipalitiesmagazine.

MunicipalityDelete Add

Baltic FO Sara Smith Delmont FO Linda Laib FO Mary Williams Groton FO/ADM Doug Heinrich Hartford CM Arden Jones M Arden Jones Vermillion CM Howard Wilson (Deceased)

Miss an update? Go online to sdmunicipalleague.org for a comprehensive list of updates since printing.

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