October 2019 Nuts and Bolts CLE

__________________________________________________________ CLE CLE CLE CLE CLE __________________________________________________________ The State Bar of South Dakota and the Committee on Continuing Legal Education present

Holly Farris, Chair

Friday, October 18, 2019 Capitol Lake Visitors Center Pierre, SD __________________________________________________________ CLE CLE CLE CLE CLE __________________________________________________________

NUTS BOLTS Brought to you by The State Bar of SD, The Young Lawyers Section & The Committee on Continuing Legal Education

October 18, 2019 Capitol Lake Visitors Center, Pierre

9:30 am – 2:30 pm (prior to the 2019 Swearing In Ceremony) Holly Farris, Chair Time

Topic

9:15-9:45 am

Registration

9:45-9:55 am

Welcome/Introduction

9:55 – 10 am

Teen Court

10-11 am

Law Practice Management 101

11 am – 12 pm Practice Tips from the Bench 12-12:45 pm 12:45-1 pm

Lunch Lawyers Concerned for Lawyers/Lawyers Assistance

Speaker Nate Chicoine, YLS President - Rapid City Kristen Edwards, Public Utilities Commission – Pierre Suzanne Starr, Unified Judicial System – Pierre Paul Bachand, Moreno & Bachand - Pierre Hon. Bobbi Rank, Presiding Judge, 6th Circuit - Winner Rebecca Porter, Porter Law Office – Rapid City Dean Neil Fulton, University of South Dakota School of Law - Vermillion

1-1:45 pm

Making Good Decisions as a Lawyer

1:45-2:30 pm

Panel Discussion: Lawyer/Lobbyist – How to Panel Discussion Diversify your Law Degree

Swearing In Ceremony: 3 pm – Capitol Rotunda

WELCOME/INTRODUCTION NATE CHICOINE YLS President DeMersseman, Jensen, Tellinghuisen & Huffman, LLP, Rapid City

TEEN COURT Kristen Edwards, Public Utilities Commission – Pierre Suzanne Starr, Unified Judicial System – Pierre

Kristen N. Edwards is a 2010 graduate of the USD School of Law and is employed with the South Dakota Public Utilities Commission.

KRISTEN EDWARDS

Kristen spent time in private practice before joining the Commission in 2012, where her work primarily focuses on utility permitting, rate regulation, and telecommunications.

She has volunteered with Central South Dakota Teen Court since 2011.

Kristen lives in Pierre with her husband Luke and their children Matthew and Abigail.

Suzanne Starr is a graduate of USD School of Law in 1999.

She clerked for Retired Justice Sabers and thereafter began practicing in Spearfish, with a primary focus on family law.

SUZANNE STARR

In 2010, she moved to Pierre and to work for the UJS / State Court Administrator’s Office and her current position is Director of Policy and Legal Services.

She has volunteered with Teen Court in Deadwood and Pierre since 2000.

LAW PRACTICE MANAGEMENT 101 Paul Bachand, Moreno & Bachand - Pierre

Paul Bachand is a native of Rapid City, South Dakota and graduated from Saint Martin’s High School. Bachand received his Bachelor of Science from the University of Montana in 1989 and his Juris Doctor from the University of Montana School of Law in 1992. He served as a Brown County Deputy State’s Attorney in 1992 and a Hughes County Deputy State’s Attorney in 1993. Bachand transitioned to the South Dakota Attorney General’s office and served as an Assistant Attorney General from 1993-2002. He then worked as an Assistant United States Attorney from 20022004. Bachand joined the Law Firm in 2005.

PAUL B ACHAND

Bachand’s practice focuses on civil law, business transactions, and agency representation. He serves as Special Assistant Attorney General, representing state agencies. He is the Executive Director for the South Dakota State’s Attorneys Association.

Bachand also excels in legislative practice and lobbying. He serves as the voice for his clients before the South Dakota Legislature and has many successes in both passing laws as well as opposing them. He is licensed to practice in both state and federal court. He has successfully argued cases before the South Dakota Supreme Court.

Bachand is an avid outdoor enthusiast. He enjoys downhill skiing, water skiing, mountain biking, hunting and fishing. In his free time, he manufactures downhill snow skis with his son.

PRACTICE TIPS FROM THE BENCH Hon. Bobbi Rank, Presiding Judge, 6th Circuit - Winner

Judge Bobbi J. Rank grew up on her family’s farm and ranch near Clearfield in Tripp County, South Dakota. She graduated from Winner High School in 1991 and received her Bachelor of Arts degree in English from the University of South Dakota in 1995. In 1999, she graduated with honor from the University of Nebraska School of Law in Lincoln.

HON. BOBBI RANK

She clerked for the 6th Judicial Circuit in Pierre for a year and then spent three years as an associate at May, Adam, Gerdes and Thompson in Pierre, with a general practice including criminal defense, civil litigation, and probate. For the next eight years, she served as an Assistant Attorney General, focusing on felony prosecution and complex civil litigation.

She then spent three years as general counsel and lobbyist for the South Dakota Department of Education. In 2016, Governor Dennis Daugaard appointed her as a circuit court judge in the same circuit where she started her career as a law clerk. She and her family subsequently moved from Pierre to Winner, where her chambers are located.

In 2019, Chief Justice David Gilbertson appointed her as presiding judge of the Sixth Circuit. The Sixth Circuit covers Potter, Sully, Hughes, Hyde, Stanley, Haakon, Jackson, Jones, Lyman, Mellette, Bennett, Todd, Tripp and Gregory counties and is served by four circuit court judges, one magistrate judge, and more than forty employees.

Judge Rank and her husband, Scott, have two school-aged children. She is a full-time working mother, so she is not going to pretend that she has any real hobbies beyond chasing after her kids’ activities.

PRACTICE TIPS FROM THE BENCH Judge Bobbi J. Rank Sixth Judicial Circuit October 18, 2019

KNOW YOUR COURT • Administrative Agencies • State Magistrate Court • State Circuit Court • State Supreme Court • Federal District Court • Federal Court of Appeals

KNOW YOUR COURT LOCAL RULES AND JUDICIAL PREFERENCES

• UJS.SD.GOV – ATTORNEYS – JUDGE PREFERENCES • UJS.SD.GOV – COURT FINDER – FORMS AND POLICIES • FEDERAL LOCAL RULES AND PREFERENCES

KNOW YOUR COURT

• Most circuit court judges are generalists with a large caseload

• Harsh truth: your case is not the only or most important case on the docket

• Judges are not omniscient and indestructible

REPUTATION IS EVERYTHING

REPUTATION IS EVERYTHING Rule 3.3. Candor Toward the Tribunal (a) A lawyer shall not knowingly: (1) make a false statement of fact or law to a tribunal or fail to timely correct a false statement of material fact or law previously made to the tribunal by the lawyer; (2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or (3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer's client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall timely take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false. However, in a criminal matter, the lawyer shall not participate with the client in the presentation of the client's testimony which the lawyer knows to be false. (b) A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall timely take reasonable remedial measures, including, if necessary, disclosure to the tribunal. (c) The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by Rule 1.6. (d) In an ex parte proceeding, except grand juries and applications for search warrants, a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse.

REPUTATION IS EVERYTHING

• Do not misrepresent • Do not omit • Do not ignore • Do not sign on for pro hac vice counsel that you cannot monitor and positively influence

REPUTATION IS EVERYTHING

• Judges know • Judges remember • Judges talk –and not only to other judges • Reputation built by individual, not by firm

REPUTATION IS EVERYTHING

• Be prepared • Never blow off a deadline • Do not expect or allow judge to do your work • Always litigate to uphold, not reverse, judge on appeal • Harassment of court staff never tolerated • Avoid ex parte

REPUTATION IS EVERYTHING

• No case or client is worth your reputation • An after hours work event IS a work event: drink

responsibly, act responsibly • If you are not well, please ask for help • If your colleague is not well, please help him or her get help

COURTROOM ETIQUETTE

COURTROOM ETIQUETTE • RESPECT THE JUDICIAL SYSTEM – AT ALL TIMES – NO EXCEPTIONS • ATTORNEYS MODEL BEHAVIOR FOR ONLOOKERS • As judge and jury enter and leave the courtroom: • • • •

Stand Be still Be quiet Be ready to proceed

COURTROOM ETIQUETTE

• Be on time and stress it to your clients • Speak loudly and clearly • Dress appropriately • Use common sense with cell phones • NO teenage behavior

COURTROOM ETIQUETTE

• Do not jump into the mud with a witness • Ask to approach • Protect your record – be the court reporter’s hero • State LEGAL objection – NO SPEECHES • Argue and respond – do not read

CONTROLLING EMOTIONS

CONTROLLING EMOTIONS

• Avoid the Hulk • Court knows your reputation – do not waste precious time defending your honor unless necessary for your case, not just your ego

• Do not pull Court into e-mail fights • Do not invoke Code of Ethics unless you are going to use them

CONTROLLING EMOTIONS

• Swearing in court and offensive hand gestures punishable as contempt • You are paid (well) to be professional – act like it • Best lawyers kill with a thousand little cuts, not a bazooka • Do not take judge’s challenge to argument as personal attack

JUDICIAL WRITING

JUDICIAL WRITING • Be concise – get to the point • Allow the judge time to digest • Cite statutes in all motions and statutes and cases in all briefs – • • •

controlling authority State burden of proof and who shoulders it Skip the drama and personal attacks All judges appreciate respectful education

ODYSSEY / ELECTRONIC FILING

ODYSSEY / ELECTRONIC FILING

• Review judge’s preferences • ALL lawyers must file electronically • Judge does not receive notice of all filings – only properly filed proposed orders

• Judge cannot see a filing until accepted by the Clerk

ODDS AND ENDS

ODDS AND ENDS • Factual basis • Courthouse security • Pre-marking exhibits • Meet and confer • Jury Instructions • Findings and Conclusions

LAWYERS CONCERNED FOR LAWYERS/LAWYERS ASSISTANCE Rebecca Porter, Porter Law Office – Rapid City

Rebecca Porter graduated from Black Hills State College, B.S., summa cum laude, 1983, The University of South Dakota Law School, JD - 1987 (Sterling Honor Graduate, Law School Foundation Scholar).

REBECC A PORTER

Rebecca is a member of the Pennington County Bar Association (President, 2000-2001), State Bar of SD and the American Bar Association.

She received the “Exceptional Lawyer of the Year� award in recognition of integrity, leadership and exemplary service to clients, community, and the Bar

by Pennington County Bar May 2015.

Rebecca served as the Chair of the Family Law Committee 2008-2009, serves as Co-Chair of the Lawyers Concerned for Lawyers 2000-2019, is a member of the Lawyers Assistance Committee since inception, the Program Director of the SD Lawyers Assistance Program 2019-2020, and is the Commissioner of the Judicial Qualifications Commission 2016-2020.

Attorney Health & Wellness Resources

Almost every state bar member has experienced a time when a personal problem or crisis affected their life. Recognizing this, your State Bar, over the past several years, has instituted a variety of ways to support our members when they may need it most. The below information will provide you with the information you need about the programs and resources available to the members of our South Dakota legal community and their families.

Confidential Referrals

Phone calls to the state bar office for individuals seeking help for chemical dependency or mental health resources have always and will continue to be kept strictly confidential. But to ensure you know we value your privacy and your desire for strict confidentiality, the State Bar of South Dakota has contracted with a third party to provide you with appropriate referrals to our state bar Lawyers Assistance Committee and Lawyers Concerned for Lawyers.

We understand that members needing help may be reluctant to call State Bar Headquarters for the appropriate referral, and that an agency independent of State Bar staff may reduce any reluctance to call. Beginning in July 2017, individuals who need help or are concerned about an attorney in their life can call Disability Rights South Dakota for assistance. If you call Disability Rights SD, you will receive names and contact information for volunteers from Lawyers Concerned for Lawyers or the Lawyers Assistance Committee who are trained to help you.

You can reach Disability Rights SD by calling 1-800-658-4782. You do not need to provide your name or the name of the individual needing assistance to receive an appropriate referral.

Living Above the Bar

Want to be the best lawyer you can be? To do that, sometimes we need the help of a medical expert – our own doctor. Don’t feel like you have time to go see your medical provider? Short videos posted on the State Bar website (www.statebarofsouthdakota.com/page/health-&-wellness) will provide you with inspiration from other South Dakota lawyers and advice from a nationally recognized physician so that you will know when medical evaluation is your best option. Knowing when to ask for help is not only a sign of strength and intelligence, it can literally save your life.

Sand Creek Member Assistance Program

South Dakota state bar members and their families have access to the Sand Creek Member Assistance Program portal. Because we believe in the importance of providing support when YOU need it, our state bar has contracted with Sand Creek to provide FREE, confidential assessment, short-term counseling, referral, and follow-up for you and your eligible family members. A licensed counselor will assist you in assessing your situation, finding options, making choices, and locating further help.

For more information, please visit the Sand Creek Member Assistance Website at www.sandcreekeap.com, click on the “work life wellness login” located on the top bar of the website.

Our State Bar Company ID is sbsd1.

You can also call 1-888-243-5744. This service is available 24 hours a day, 7 days a week. A trained professional will speak with you about crisis services and/or problem assessment, action planning and follow up.

Mental Health Centers Agreement Our state bar has an agreement with the eleven mental health centers across the state of South Dakota. If you think you need help with a mental health, substance or addiction issue, the State Bar encourages you to seek a professional evaluation. If you don't have insurance or otherwise lack the financial resources, this State Bar project, funded by ALPS and the SD Bar Foundation, will cover the evaluation cost and several follow-up counseling sessions if they are needed.

The only requirement from you is to schedule your appointment with the mental health center of your choosing and show your active State Bar membership card. This is a confidential project. Counseling records are not made available to the State Bar. We just pay the bill for those who can't afford it, up to a limit of $500 per lawyer.

A listing of the South Dakota Mental Health Centers is located after this handout.

SOLACE

What is SOLACE? If you are aware of anyone within the South Dakota Legal Community (this includes lawyers, law office personnel, judges, courthouse employees, or law students) any member of this community who has suffered a sudden or catastrophic loss due to an unexpected event, illness, or injury, the South Dakota SOLACE Program may be able to assist.

Please contact solace@sdbar.net if you, or someone you know, could benefit from this program. We have a nationwide network of generous South Dakota attorneys willing to get involved and help. The SOLACE program includes contributions of clothing, housing, transportation, medical community contacts, and a myriad of other possible solutions through the thousands of contacts available through the State Bar of South Dakota and its membership.

SOUTH DAKOTA

COUNCIL OF MENTAL HEALTH CENTERS, INC. Terrance L. Dosch, Executive Director P.O. Box 532 2520 East Franklin Street Pierre, South Dakota 57501-0532 Phone: (605-) 224-0123 (Voice & FAX) E-Mail: tladosch@dakota2k.net Web: www.sdmentalhealth.org

AGENCY

ADDRESS

PHONE

Northeastern Mental Health Center Director: Joseph Manuel MIS Coordinator: Laura Boone Business Manager: Lisa German

628 Circle Drive Aberdeen, SD 57401

225-1010 (Work) 225-1017 (FAX)

East Central Behavioral Health Director: Mike Forgy Office Manager: Lona Groos Computer Support: Lona Groos Community Counseling Services Director: Shawn Nills Business Manager: Melissa Hofer Computer Support: Greg Kludt

Three Rivers Mental Health and Chemical Dependency Center Director: Susan Sandgren Business Manager: Carla Sackmann Computer Support: Susan Sandgren Dakota Counseling Institute Director: Michelle Carpenter Business Manager: Vacant Computer Support: Janette Huber

Capital Area Counseling Service Director: Dennis Pfrimmer Business Manager: Loretta Jochim Computer Support: Leonard Chick

e-mail: jmanuel@nemhc.org web: www.nemhc.org 211 Fourth Street Brookings, SD 57006 e-mail: mforgy@gmail.com 357 Kansas, S.E. Huron, SD 57350

697-2850 (Director’s Work) 697-2853 (O.M.’s Work) 697-2874 (FAX) 352-8596 (Work) 352-7001 (FAX)

e-mail: dumajeres@ccs-sd.org web: www.ccs-sd.org Box 447 11 East 4th Street Lemmon, SD 57638 e-mail: threerivers@sdplains.com 910 West Havens Mitchell, SD 57301

374-3862 (Work) 374-3864 (FAX)

996-9686 (Work) 996-1624 (FAX)

e-mail: m.carpenter@dakotacounseling.net web: www.dakotacounseling.com P.O. Box 148 803 East Dakota Avenue** Pierre, SD 57501 e-mail: dpfrimmer@cacsnet.org web: www.cacsnet.org ** Use P.O. Box for routine mailing purposes so correspondence does not have to go through St. Mary’s Hospital mail room.

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224-5811 (Work) 224-6921 (FAX)

AGENCY

ADDRESS

PHONE

Behavior Management Systems Director: Alan Solano Finance Director: Linda Reidt-Kilber Computer Support: Rodd Ahrenstorff

350 Elk Street Rapid City, SD 57701

343-7262 (Director’s Work) 343-4716 Ext. 241 (F.D.’s Work) 343-4716 Ext. 243 (Computer Support) 343-7293 (FAX)

Southeastern Behavioral HealthCare Director: Kris Graham Business Director: Holly Brunick Computer Support: Stacy Roberts

e-mail: asolano@behaviormanagement. org web: www.behaviormanagement.org 2000 S. Summit Ave. Sioux Falls, SD 57105 e-mail: krisg@southeasternbh.org web: www.southeasternbh.org

Human Service Agency Director: Chuck Sherman V.P., Behavioral Health: Kari Johnston V.P., Administration: Judy Resel Computer Support: Patty Engels

Southern Plains Behavioral Health Services Director: Donna Brown Business Manager: Phyllis Meiners Computer Support: Phyllis Meiners Lewis & Clark Behavioral Health Services Director: Tom Stanage Business Manager: Glen Mechtenberg Computer Support: Brenda Hoxeng

P.O. Box 1030 123 19th Street, NE Watertown, SD 57201-6030

336-0510 (Director’s Work) 336-0510 (B.D.’s Work) 338-5099 (Director’s FAX) 336-3779 (B.D.’s FAX) 336-0510 (Computer Support) 886-0123 (Work) 886-5447 (FAX)

e-mail: chucks@humanserviceagency.org web: www.humanserviceagency.org 500 East 9th Street Winner, SD 57580-2604

842-1465 (Work) 842-2366 (FAX)

e-mail: spbhsdbrown@gwtc.net 665-4606 (Work) 665-4673 (FAX)

1028 Walnut Yankton, SD 57078 e-mail: Thomas.Stanage@lcbhs.net

Effective: 7/28/2011

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Rule 8.3. Reporting Professional Misconduct (a) A lawyer having knowledge that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority. (b) A lawyer having knowledge that a judge has committed a violation of applicable rules of judicial conduct that raises a substantial question as to the judge's fitness for office shall inform the appropriate authority. (c) Paragraphs (a) and (b) shall not apply to information obtained by a lawyer or judge as a member of a committee, organization or related group established or approved by the State Bar or the Supreme Court to assist lawyers, judges or law students with a medical condition as defined in 48, including the name of any individual in contact with the member and sources of information or information obtained therefrom. Any such information shall be deemed privileged on the same basis as provided by law between attorney and client. (d) A member of an entity described in paragraph (c) shall not be required to treat as confidential communications that cause him or her to believe a person intends or contemplates causing harm to himself, herself or a reasonably identifiable person and that disclosure of the communications to the potential victim or individuals or entities reasonably believed to be able to assist in preventing the harm.

Source: SL 2004, ch 327 (Supreme Court Rule 03-26), eff. Jan. 1, 2004; SL 2018, ch 303 (Supreme Court Rule 18-12), eff. July 1, 2018.

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MAKING GOOD DECISIONS AS A LAWYER Dean Neil Fulton, University of South Dakota School of Law - Vermillion

DEAN NEIL FULTON

B.A.,Yale University 1994; J.D., summa cum laude, University of Minnesota, 1997; Law Clerk to the Honorable Diana Murphy, United States Court of Appeals for the 8th Circuit, 1997-1998; May, Adam, Gerdes & Thompson Law Firm, Pierre, SD 1998 - 2007; Chief of Staff, Gov. M. Michael Rounds, 2007-2010; Federal Public Defender, Districts of North Dakota and South Dakota, 2010-2019; Dean, University of South Dakota School of Law, 2019-Present. Mr. Fulton currently serves on the Ethics Committee, Committee for Diversity and Inclusion of the South Dakota State Bar Association.

MAKING BETTER DECISIONS Neil Fulton Dean, USD School of Law

• Embrace Uncertainty, Think Probabalistically

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• Assess your information

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• Conduct premortems

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• Process NOT Outcome

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• Think differently with different thinkers

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• Control (not eliminate) emotion

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• Be information driven

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• Apply skepticism

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• Analyze your process

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• Give credit where credit is due, not where it is not

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LEARNING MORE BOOKS • Thinking in Bets – Annie Duke • Thinking, Fast and Slow – Daniel Kahneman • Blink – Malcom Gladwell • The Power of Habit: Why We Do What We Do in Life and Business – Charles Duhigg • Predictably Irrational – Dan Ariely 18

LEARNING MORE PODCASTS • Capital Allocators Podcast with Ted Seides • The Drive with Peter Attia • The Knowledge Project with Shane Parrish WEBSITE • annieduke.com 18

QUESTIONS?

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PANEL DISCUSSION: LAWYER/LOBBYIST – HOW TO DIVERSIFY YOUR LAW DEGREE Lindsey Riter Rapp, Riter, Rogers, Wattier & Northrup - Pierre Will Mortenson, Mortenson Law Offices - Ft. Pierre Justin Bell, May, Adam, Gerdes & Thompson - Pierre Jeromy Pankratz, Pankratz Law, Prof LLC - Pierre

University of Nebraska, B.A., 1999, University of South Dakota, J.D., 2002. Law Clerk, Seventh Judicial Circuit Court, 2002-2003. Pennington County Public Defender’s Office, 2003-2007.

Partner, Riter, Rogers, Wattier & Northrup, LLP, 2007-present.

LINDSEY RITER RAPP

Practice includes civil and criminal defense both in state and federal court, City Attorney for City of Pierre, administrative law and legislative and lobbying activities.

Past member of the CLE committee of the State Bar. Registered Lobbyist for multiple clients. Board of Directors for Capital Area Counseling Services and also for the Pierre Education Foundation.

Husband, Jonathan and three children, Guy-21; George-11; Alice-10.

Lover of the Black Hills, the Missouri River, good music and good food.

Will Mortenson practices law at Mortenson Law Offices in Fort Pierre and works part-time as a cow hand at his family’s ranch in northern Stanley County.

WILL MORTENSON

He grew up in Fort Pierre and Pierre and earned degrees from USD and the University of Virginia School of Law. Mortenson previously served in the Daugaard Administration and has managed three statewide political campaigns, most recently overseeing the effort to elect Congressman Dusty Johnson.

Mortenson is an enrolled member of the Cheyenne River Sioux Tribe.

He and his wife, Shuree, have one child, Augie.

Mortenson is currently a Republican candidate for the House of Representatives in District 24.

Justin Bell was born and raised in Huron, South Dakota. After graduating from Huron High School, Justin attended Indiana Wesleyan University and graduated magna cum laude with a BS in Political Science/Pre-law and Finance. He went on to obtain his Juris Doctor from the University of South Dakota in 2008.

JUSTIN BELL

In law school, Justin was published in the South Dakota Law Review. He was also a member of the Phi Alpha Delta legal fraternity and coached the Vermillion High School debate team.

Following law school, Justin served as law clerk for the Judges of the Sixth Judicial Circuit until 2009, at which time he joined the May Adam Law Firm.

Justin pursues a general practice with emphasis on civil and commercial litigation, governmental liability, business and estate planning, administrative law, focusing heavily on sales and use tax issues, employment law, and criminal defense. Mr. Bell's practice also includes a significant lobbying practice before the South Dakota Legislature.

Justin, his wife, and children reside in Pierre and are members of Faith Lutheran Church. He is a member of the South Dakota State Fair Commission and South Dakota State Fair Foundation.

Justin is also very active in Republican Party politics having served as Treasurer of the South Dakota Republican Party since 2013 and Deputy State Advisor for South Dakota Teenage Republicans since 2012.

Justin is admitted to practice before the courts of the State of South Dakota, the US Federal Court for the District of South Dakota, the Eighth Circuit Court of Appeals, and the United States Supreme Court.

Jeromy joined pankratz+associates after spending 15 years in both public and private practice.

After law school, Jeromy served as a judicial clerk for the First Circuit in South Dakota. As a private attorney, Jeromy started as a general practitioner with extensive experience in both trial and negotiations work and expanded into lobbying and public relations. During his time in private practice, Jeromy was the elected States Attorney for Hamlin County, where he served his county for over five years, and gained convictions on two separate murder cases. It was during those cases where he worked closely with the South Dakota Office of the Attorney General.

JEROMY PANKRATZ

It was after the end of session in 2012 that then-Attorney General Marty Jackley asked Jeromy to come work with the office. Jeromy began shortly thereafter and worked closely with General Jackley in multiple capacities. As the Director of Tobacco litigation, Jeromy was responsible for implementation and enforcement of South Dakota’s Master Settlement responsibilities, as well as any litigation against big tobacco. As Director, Jeromy negotiated on behalf of South Dakota for the 2018 settlement, which saw a release of $27.5 million to the state.

Also while with the AG’s office, Jeromy was the primary point of contact for public policy issues. In this capacity he endeavored to forward South Dakota’s interests in the national and international business community, forging lasting relationships with the nation’s attorneys general, titans of industry, and global policymakers. He was also the primary lobbyist for the office for 6 years, where the AG’s office offered and passed over 40 bills, including extensive improvements to curb the methamphetamine epidemic in South Dakota, increase sex offender accountability, and increase government transparency.

Jeromy’s extensive knowledge on drafting and passing laws was recognized by the US Department of Justice and the National Associate of Attorney’s General when he was asked to teach at the African Union in Addis Ababa, Ethiopia. The intensive course involved the drafting of legislation that would implement international treaties, with attendees ranging from AU legal counsel as well as Ambassadors to the African Union.

Jeromy is a member of the State Bar of South Dakota and is admitted to practice before the courts of the State of South Dakota, the US Federal Court District of South Dakota and the Eighth Circuit Court of Appeals.

Jeromy lives in Pierre, SD with his wife and two sons.

Jeromy now offers legal advice through Pankratz Law on far-ranging subjects from business and real estate law, estate planning, criminal and civil litigation, and trademark law. Jeromy also offers lobbying and political services, investigations, and Executive Director functions.