October 2017 for issuu

State Bar of

Newsletter October 2017 In This Issue: 2- President’s Corner 6- Young Lawyer’s Section 11- Announcements 45- Employment Opportunities 51- New Admittees 52- Contact Information Updates

www.statebarofsouthdakota.com October 2017 - Issue 10

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President’s Corner - Pamela Reiter an organization separate from the State Bar that provides assistance to attorneys suffering from substance use disorders. I asked them to share with us their thoughts about the results of this ABA study. Their thoughts are below.

Pamela Reiter

The well-being of attorneys is a serious concern to our profession.

The ABA’s National Task Force on Lawyer Well-Being recently released its 2017 study entitled “The Path to Lawyer Well-Being: Practical Recommendations for Positive Change” (“Well-Being study” or “ABA study”). The WellBeing study is posted to our SD Bar webpage under the “Health and Wellness” tab. I encourage you to read it, or at least read the introductory summary on pages 7 to 11 to learn about this important issue that is very likely impacting one or more of your friends in the Bar and perhaps yourself. Stephanie Pochop is the Chair of the Lawyer’s Assistance Committee of the State Bar, which addresses issues of our members’ mental health. Rebecca Porter is the Chair of Lawyers Concerned for Lawyers, which is

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Practice Tip: This pointer is geared toward associate attorneys, but is a good reminder for partners as well. In the absence of a statute of limitations or other time-barring deadline, take your time, consider and research all of the issues, both procedural and substantive.

That you completed a project in record time is not a good defense in a malpractice action. While certain tasks can be accomplished speedily, such actions should never be hurried. Obtaining the right result for your client usually takes time and thoughtfulness, something of which partners waiting on a research project who have to answer to a demanding client may need to be reminded in the fast pace of the practice of law.

A message from Lawyers Concerned for Lawyers and the Lawyer’s Assistance Committee: “To be a good lawyer, one has to be a healthy lawyer. Sadly, our profession is falling short when it comes to well-being…. We are at a cross roads. To maintain public confidence in the profession, to meet the need for innovation in how we deliver legal services, to

increase access to justice, and to reduce the level of toxicity that has allowed mental health and substance use disorders to fester among our colleagues, we have to act now. Change will require a wide-eyed and candid assessment of our members’ state of being, accompanied by courageous commitment to re-envisioning what it makes to live the life of a lawyer.” -- August 14, 2017 Foreword to the ABA’s National Task Force on Lawyer Well-Being “The Path to Lawyer Well-Being: Practical Recommendations for Positive Change.”

This is a call to action. Before you say to yourself, “Not another crisis,” please take the time to seriously consider this one. Your commitment to education and change can literally help save a lawyer’s life – maybe even your own. The survey results are stunning … and not in a good way.

Approximately one-fourth of 13,000 lawyers who participated in a 2016 ABA/Hazeldon Betty Ford Foundation study suffer from problem drinking, depression, stress or anxiety.

Associated health problems include suicide, social alienation, work addiction, sleep deprivation, job dissatisfaction, a diversity crisis, work-life conflict, incivility, a narrowing of values so that profit predominates and negative public perception. Lawyers in the first 10 years of practice are particularly vulnerable to problem

drinking and depression. A 2016 survey of 3,300 law students found strikingly similarly and even more concerning results.

more, not less, lawyers will be able to participate if you do. Our alcohol-free alternative hospitality room at the Annual meeting is just one example of a positive We cannot say it better than step in a healthier direction. the ABA study: “The budding impairment of many of the future The hard truth is that we don’t generations of lawyers should always know who among us be alarming to everyone. Too is struggling and the ABA’s many face less productive, less survey illustrates that we cannot satisfying and more troubled accurately guess either. Our career paths.” The ABA study tendency has been to overlook further concluded that while the wellness and health issues of the majority of lawyers and law our peers in the profession for as students do not have mental long as professionally possible – health or substance use disorders, and sadly, sometimes longer than “that does not mean that they are that. We can talk openly and with thriving.” Describing sometimes great empathy about the statistics “profound ambivalence” about related to legal consumers who their work, these lawyers also struggle with health issues and reported concerning gaps in the difficulty of getting them the levels of professional satisfaction. help they need. In contrast, our discussions about our professional Our Bar cannot afford a SD peers’ health concerns still tend to survey – but do we really need be conducted in whisper mode. one? Consider the “parade of problems” described above. Most Our subtle approach to health of us know at least one lawyer who does not mean we don’t care; it has suffered from an element of just reflects an old-fashioned and that particularly despairing list; sometimes stereotyped idea about we might even see that person the science of health. To add to it, in the mirror. One of the ABA we are professional secret keepers; survey findings is that a Bar yet lawyers in trouble are often Association’s alcohol-based social far from invisible. We also tend culture can directly contribute to to attract highly individualistic, these troubling results. We do not competitive and self-sufficient believe that there can be a summary people into our ranks; yet lawyers judgment-survivable argument fail to see that asking for help is about whether the networking a sign of strength. The danger of happy hour is an engrained part of repressing a call for help out of our Bar’s culture. We don’t want fear, shame or stigma is that some to ban or limit social options – lawyers will continue to suffer in we are all for more of both. We, silence, and others will slip into a however, urge you to consider risk-laden abyss of denial about modernizing your professional how their health affects family, gatherings out of recognition that friends and clients. Some will die.

We know this happens even today. Lawyers who need help often decline to use the State Bar of South Dakota’s resources designed to help them because of the perception that accepting help through the Bar will result in catastrophic personal overexposure. This continues even though the Bar respects the need for privacy so much that it goes to the expense to contract with Disability Rights SD: this entirely independent, third party referral entity will confidentially help Bar members access the Bar services that we offer.

Despite substantial educational efforts by the medical profession, there are still lawyers who believe that mental health and substance use disorders are primarily a matter of self-control or personal choice.

While perhaps well-meaning, the suggestion that a lawyer should be able to overcome a medical condition by sheer force of will can have a devastating, demeaning impact, and can even discourage the person from seeking necessary medical help. A critical first step is to acknowledge that mental health issues and substance use disorders are no different than any other threatening health conditions that affect good lawyers: they are impervious to professional accolades and achievements. And they are not choices. Even the most successful lawyer cannot out-research, outargue or out-perform addiction, depression, anxiety, cancer, diabetes, Alzheimer’s or any other chronic medical diagnosis.

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Help us break a dangerous cycle of denial and stigma before it breaks even one more South Dakota lawyer. You can actively support the State Bar Lawyers Assistance Committee’s projects and the critical, lifesaving work of Lawyers Concerned for Lawyers, Inc. Get involved with both or either group through the Bar’s Health and Wellness page. We welcome your feedback and questions.

if that is not your style. Educate yourself about modern definitions and treatment modalities. Assess your own health and wellness.

Have you had a whole health assessment recently? Are you living a lifestyle that promotes health instead of just minimizes your chances of being ill? If the answer is “no” or “not sure” to either question, the South Dakota Bar offers many resources to help you get to a better answer But you don’t have to sign up for for your professional health a committee or attend a meeting and well-being. Check out the

resources on our website at w w w.statebarofsouthdakota. com or sandcreekeap.com, or call Disability Rights South Dakota (formerly SD Advocacy) at 800-658-4782 or Sand Creek at 800-632-7643 (company ID sdsb1). Trust us: this is one time when helping yourself first truly helps the entire profession.

Stephanie Pochop, Lawyer’s Assistance Committee Rebecca Porter, Lawyers Concerned for Lawyers

LAWYERS CONCERNED FOR LAWYERS LAWYERS ASSISTANCE COMMITTEE Your Bar Leadership has been concerned that members needing help with chemical dependency or mental health issues may be reluctant to call State Bar Headquarters to inquire where to seek help. Phone calls seeking help for themselves or a loved one or a partner have always and will continue to be kept strictly confidential. That said, Bar Leadership has determined that a referral agency independent of the State Bar staff may reduce any reluctance to call.

Thus, beginning July 1st, we have entered into a contract with South Dakota Advocacy. Both LCL and LAC committees have provided names and contact information for referrals. You will be provided with the names and phone numbers and proceed to call whomever you select from the appropriate list.

Disability Rights South Dakota: 605-224-8294 or toll free 800-658-4782 Phone calls to Disability Rights of SD are kept strictly confidential.

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STRESS and DEPRESSION HELP

Contact information for the regional mental health centers in South Dakota is located at www.statebarofsouthdakota.com (“For SDBAR Members” Under the Health & Wellness tab, click on the Stress/Depression/Addiction link. We have reached an understanding with all these centers and all will honor our agreement. If you are stressed out or you believe that you may be suffering from depression, the State Bar encourages you to seek a professional evaluation. If you don’t have insurance or otherwise lack the financial resources, the State Bar project, funded

by ALPS and the SD Bar Foundation, will cover the evaluation and several follow-up counseling sessions if indicated. You need only schedule the appointment and show them your 2017 active membership card. This is a confidential project. Counseling records are not, repeat, are not made available to the State Bar. We just pay the bill for those who can’t afford it, up to the limit of $500 per lawyer.

If you have a law partner or lawyer friend that you believe may be suffering from stress and depression, visit with them. Encourage this lawyer to consider having an evaluation. Depression caught at the early stages prior to becoming chronic is much, much easier to address. In just a few counseling sessions, you/your friend can learn techniques to deal with the stress more effectively in our lives, whether personal or professional.

SOLACE PROGRAM If you are aware of anyone within in the South Dakota Legal Community (lawyers, law office personnel, judges, courthouse employees, or law students) who have suffered a sudden and/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.

October 2017 Official Publication of the State Bar of South Dakota

If you wish to advertise in our publication or post job opportunities, please contact: Tracie at tracie.bradford@sdbar.net.

The deadline for submissions in the newsletter is the 26th of each month, excluding December and February when it is the 23rd of the month. If the deadline falls on a weekend, the deadline is the Friday prior.

Address Changes:

email tracie.bradford@sdbar.net or log in to your profile at www.statebarofsouthdakota.com

Board of Bar Commissioners:

President – Pamela R. Reiter, Sioux Falls President Elect – Reed Rasmussen, Aberdeen Executive Director & Secretary/Treasurer – Thomas C. Barnett, Jr., Pierre 1st Circuit - Dennis Duncan, Parker 2nd Circuit - Jason Sutton, Sioux Falls 3rd Circuit - Arthur Monte Hopper, Watertown 4th Circuit - Kellen Willert, Belle Fourche 5th Circuit - Rodrick Tobin, Aberdeen 6th Circuit - Rich Williams, Pierre 7th Circuit - McLean Thompson Kerver, Rapid City At Large - Steven K. Huff, Yankton Jennifer Williams, Rapid City Marshall C. Lovrien, Aberdeen Jana M. Miner, Pierre Rebecca Morlock Reeves, Watertown Colleen Zea, Sioux Falls

We have a statewide (and beyond) network of generous South Dakota attorneys willing to get involved and help. We do not solicit cash but can assist with 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.

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Young Lawyers Section by: Abbey Howard, YLS President Pierre. This CLE will be a great mix of information for lawyers at all stages in their career. We will hear about getting started with Civil Procedure from Nicole Tupman, and writing your first appeal to the South Dakota Supreme Court from Meghann Joyce. Additionally, we will learn about unique issues they didn’t prepare you for in law school with Ashley Anson, and finding a balance in your new practice with Tamara Nash. And an essential piece for any criminal defense attorney, conducting a criminal investigation for criminal defense, with Raleigh Hansman. It should be a great event and provide networking opportunities for friends, old and new alike. Additional information regarding the CLE is contained in this month’s Newsletter.

With the spirit of fall, new school classes, new colleagues, and comradery in mind, a topic that has been on the forefront for me has been the cordiality of the South Dakota State Bar. I was recently visiting with an attorney from Rapid City, a transplant from Boston, and he was explaining how welcoming our Bar had been to him and his family, and how we truly have a different level of collegiality here than in other areas.

What a testament to all the attorneys of this State, and a reminder to Following the CLE, we will ask those entering the profession: everyone to head over to the Capitol we can still do our jobs, and do Rotunda to celebrate our newest them well, without being a jerk. professional colleagues at the Statewide Swearing-In Ceremony.

One of the highlights of serving on Chief Justice Gilbertson will the Young Lawyer Section is getting preside over the event and will be to be involved with the Statewide administering the Oath of Attorney Swearing-In Ceremony.

On to the new admittees. The program October 27, lawyers from across the begins at 3:00 p.m. on October 27. state will travel to Pierre to welcome A reception will follow at View new lawyers into the State Bar. I 34. We hope that many of you can encourage all members of the State join us for this exciting celebration.

Bar to attend. The event provides the opportunity to welcome new In the spirit of collegiality, I asked lawyers to our profession, and to my friend Justin Johnson, YLS First demonstrate to their families just Circuit Representative and Mitchell how cordial and welcoming the City Attorney to share his thoughts South Dakota State Bar truly is. on being a Young Lawyer in South Dakota. Justin is new to our Board The day starts out with our Nuts this year and is a true asset to the State & Bolts CLE beginning at 9:00 Bar, showing a strong commitment a.m. at Drifter’s Bar & Grille in Ft.

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to furthering YLS goals. Justin grew up in Watertown and did most of his schooling at USD; graduating from USD Law in 2014. Life then took Justin to the City of Mitchell where he began work at Tinan, Smith & Bucher before becoming the City Attorney for the City of Mitchell. He tries to spend as much time as he can living it up with his wife, Amanda, and doting on his one year old daughter, Rey. Thanks, Justin, for sharing your story.

I was recently reminded by the big brother of Social Media that only 3 years ago, I received that fateful letter in the mail telling me I had passed the bar exam. It is shocking to me how that time can feel both like it happened yesterday and forever ago. Overwhelming anxiety and fear followed by a torrent of excitement and relief all distilled into a fifteen second window from when you get the envelope until feverishly digging into that first paragraph tends to keep the memory fresh I suppose. Yet, I constantly have a hard time believing I was just starting my legal career three years ago when I look at where I am now.

To me, success has three important cornerstones which, in no particular order, are: ambition, hard work, and simply being polite. Ambition plays a large role because you can only expect to reach the goals you try to grasp. You can reach big a few times or you can reach little a bunch of times, just never be afraid to reach as far as you need to get where you want to be. Whenever you are looking at that next challenge to grab, you may often wonder whether you have what it takes to handle it. I have found that no matter how big that golem may appear, you can conquer it as long as you are willing to put in the work.

Simply being polite is something society tends to do less and less these days, but it really is the difference between playing the game on easy mode or hard mode.

Be kind to clerks of court and your assistants and secretaries. These people have the ability to make you feel like you are running a marathon through quicksand or taking a nice stroll through a flowery meadow.

Most of all, be kind to the people you don’t want to be. Kill that pain in the neck opposing counsel or crazy client with kindness. You can always find a better way to blow off steam than by directing it right into your way; you only end up burning

yourself. So, keep reaching for those goals, fight hard for them, and remember to be polite along the way.

These principles have helped me accomplish big goals such as becoming City Attorney for Mitchell just over a year into my legal career.

They’ve also helped me accomplish smaller goals such as getting my daughter to give a pretty great high five, when she wants to, because I know she will one day need it up on that Olympic medal stand. If you ever find yourself not knowing where to turn, feel free to reach out to your YLS representatives and expect to get some hard work and kindness in return.

315 SOUTH PHILLIPS AVENUE • SIOUX FALLS, SOUTH DAKOTA 57104 (605) 731-0809 • WWW.HEEC1031.COM

SELLING REAL ESTATE HELD FOR BUSINESS OR INVESTMENT AND CONCERNED ABOUT CAPITAL GAINS TAXES? CONTACT ERIC HANSON OR CHRIS MORAN BONDED AND INSURED I.R.C. § 1031 EXCHANGE SPECIALISTS

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The State Bar of South Dakota and The Committee on Continuing Legal Education

Present:

NUTS and BOLTS October 27, 2017 9:00am - 2:00pm

Drifter’s Bar & Grille Ft. Pierre, SD

9:00 – 9:15

REGISTRATION: Free to Active SD Bar Members, Others: $100

9:15 – 9:30

Introduction to the Young Lawyers Section - Abigail Howard, YLS President, State’s Attorney’s Office, Brookings

9:30 – 10:30

Getting Started with Civil Procedure - Nicole Tupman, Lindquist & Vennum, Sioux Falls

10:30 – 11:30

Writing your first appeal to the SDSC - Meghann Joyce, Boyce Law Firm, Sioux Falls

11:30 – 11:45

Break – Food Served

11:45 – 12:45

Lunch: Unique Issues They Didn’t Prepare You For In Law School - Ashley Anson, Attorney at Law, Wessington Springs

12:45 – 1:00

Finding Balance in Your New Practice - Tamara Nash, Attorney General’s Office, Sioux Falls

1:00 – 2:00

Conducting a Criminal Investigation for Criminal Defense - Raleigh Hansman, Meierhenry Sargent, Sioux Falls

Register online at: www.statebarofsouthdakota.com

The Statewide Swearing-In Ceremony Starts at 3 pm.

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LAW FOR LUNCH October 26, 2017 12:30 CT

“Community Supervised Visits.”

Speaker: Erin Trefz This is a new program that is being developed across the state to provide an alternative to the supervised visitation/parenting time. Ms. Trefz’s company provides these services.

We hope you can join us. Grab a sandwich, sit at your desk, and learn something new.

Jason Sutton CLE Committee Chair

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To Register: https://attendee.gotowebinar.com/register/808558147019795714

FRIEBERG, NELSON & ASK, LLP is pleased to announce that

TAYLOR LAW FIRM, LLC is pleased to announce that

Samuel J. Nelson

Jeremy T. Duff

has joined the firm as an associate.

Sam will practice primarily in the firm’s Beresford office.

Samuel J. Nelson P.O. Box 511 Beresford, South Dakota 57004 p: 763-2107 snelson@frieberglaw.com

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Utah Law School 2017 United States Military Academy at West Point 2004 Former US Army Major & AH-64D Pilot Has joined the firm September 1, 2017 jeremy.duff@taylorlawsd.com 4820 E. 57th St., Ste. B Sioux Falls, SD 57108 (605) 906-0000

Mary H. Burd and Nichole A. Carper are pleased to announce the information of their new law firm

Brian J. Gatzke, ARA, MBA

Certified General Appraiser, SD & MN 311 Third St | PO Box 63 | Brookings, SD 57006-0063 P: 605.692.9445 | F: 605.610.0948

info@northernplainsappraisal.com | www.northernplainsappraisal.com

Our team of valuation professionals provide reports in Uniform Standards of Professional Appraisal Practice (USPAP), Yellow Book (USFLA) and IRS appraisal standards. Having grown up in rural communities and family farms in the Dakotas, we know the value of professionalism and integrity. We specialize in: Agricultural Properties Dairies, Farms & C.A.F.O.s l Conservation Easements l Wildlife Habitat l Rural Residential l Commercial Properties

Single and Multi Family IRS l Yellow Book (USFLA) l Mini-Storage Warehouses l Lake Properties l Estates, Donations, & Trusts

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Our team also offers: consulting services, MLS research, agricultural land advising and real property valuation.

Contact us today for a personalized quote!

Burd & Carper

effective September 20, 2017 Mary and Nichole can be reached via the following: Burd & Carper AtLaw 601 S. Cliff Avenue, Suite A Sioux Falls, South Dakota 57104 Mary Burd: Mary@burdandcarper.com Nichole Carper: Nichole@burdandcarper.com Phone: 332 4351 Facsmile: 334 6844 Website: www.burdandcarper.com

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Justin Bell

Doug Abraham

Kara Semmler

is announcing . . .

its three new equity partners!

Congratulations to Justin, Doug, and Kara, and thank you for your hard work and dedication to our law firm and our State Bar. The Cutler Law Firm, LLP is pleased to announce that

Trinette LaFleur & Sam Krystosek have become Associate Attorneys of the firm effective August 7, 2017.

Trinette LaFleur TrinetteL@cutlerlawfirm.com Sam Krystosek SamuelK@cutlerlawfirm.com 100 N Phillips Ave, 9th Floor PO Box 1400 Sioux Falls, South Dakota 57101-1400 p: 335-4950 f: 335-4961

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The law firm of Myers Billion LLP is pleased to announce that

Koln B. Fink

has joined the firm as an associate effective September 11, 2017 Sam will practice primarily in the firm’s Beresford office. kfink@myersbillion.com PO Box 1085 Sioux Falls SD 57101-1085 (605) 336-3700

Labor/Employment Lawyer Directory The Labor & Employment Law Committee is working to assemble a directory of lawyers who practice in the labor and employment fields.

The directory will be offered (at no cost) to members of the South Dakota State Bar, and will be used to facilitate networking and collaboration, and serve as a referral source for South Dakota practitioners.

It is not intended for dissemination to the general public.

If you practice in these areas and wish to be included in the directory, please contact Sarah Baron Houy at sbaronhouy@bangsmccullen.com no later than December 1, 2017.

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SAVE THE DATE 2018 Jackrabbit Bar Conference May 31 - June 2, 2018 Medora, North Dakota

HOT SPRINGS

RAPID CITY

Kellen Willert Patrick Ginsbach Dusty Ginsbach Kyle Krause Gregory Sperlich Paul Lewis Ashley Noud Ramon Ortiz Nikki McCain Jason Campbell Justin O'Neill Scott Moses

Eddie Hruska Brad Lee Kylie Riggins Quentin Riggins Paul Lewis Ashley Noud Ramon Ortiz Nikki McCain Dennis Whetzal Tyler Wetering Katyln Cook Justin Dibbona

YOU ARE GOLD

The USD Veterans Legal Education Group would like to thank the attorneys who volunteered during the Veterans Walk-In Legal Clinics on September 21-21, 2017, in Hot Spring and Rapid City. Special thanks to the State Bar of South Dakota Young Lawyers Section and Veterans Committee for their support in planning the two-day event.

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The Pennington County Bar Association would like to thank the sponsors of the Eleventh Annual Seventh Circuit Charity Golf Tournament benefiting the

Humane Society of the Black Hills

Corporate Sponsors ($500 and above) Nooney & Solay Gunderson, Palmer, Bangs McCullen Thomas, Braun, Nelson & Ashmore Beardsley, Jensen & Bernard, & Burke Liv Hospitality Lee Black Hills Energy Anker Law Group Casey Peterson Farmers Insurance – Brad Derby Agency First American Title Company J & J Attorney Service Rapid Reporting Black Hills Harley Davidson Deadwood Gulch Golf Club at Red Rock

Hole Sponsors ($200-$499) Law Office of Kyle Krause Lynn, Jackson, Shultz & Lebrun Michael Holzwarth Agency – American Family Insurance Contributors ($199) and under McKie Ford Prize Sponsors Pepsi In Memory of Vic Zumpano Sick-N-Twisted Brewery

Papa Murphy’s Paystubz Planet Fitness RO Investigation and Research, LLC US Bank Vast Rapid City Journal The Man Salon West/Thomson Reuters

A Special Thanks To The 2017 Seventh Circuit Charity Golf Tournament Committee Greg Jana Catherine Michael Chris Brad Sarah E. Marli Strommen Smoot Chicoine Beardsley Christianson Lee Baron- Schippers White Houy

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The winner of this year’s tournament was the team of Stanton Anker, Robert Martin, Vern Goodsell, and Kyle Krause who shot -17 under.

Congratulations to the Pennington County Bar Association for raising over $70,000 for local charities and causes.

ELECTION OF ELECTRONIC COMMUNICATIONS I, _________________________________, a member of the State Bar of South Dakota, do hereby elect to receive all future communications from the State Bar in electronic or digital medium, unless and until revoked by me. I acknowledge that this includes all information and notices typically contained in the State Bar monthly newsletter. Such matters include, but are not limited to, notices of meetings, resolutions, by-law amendments, initiative and referendum, Young Lawyer Section meetings and board vacancies, amendments to the Rules of Professional Conduct, and proposed and adopted Court Rules, and Judicial vacancies.

Further, I acknowledge that upon this election, I will no longer be mailed the printed monthly newsletter; rather, I will receive an e-mail equivalent, and that it is my obligation to review the matters contained in the e-mail version of the monthly newsletter or such other communications typically mailed, and that I am bound to have done so.

Finally, it is my continuing obligation to advise the State Bar administrative staff of any changes to my e-mail address and I agree to do so.

For purposes of receiving such communications, the State Bar is advised that my e-mail address is as follows: ________________________________.

Dated this ___ day of ____, 20__.

State Bar membership # ________.

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Signed: ___________________________

In Memory Of..

Joseph H. Neumayr passed away May 17, 2017, at the age of 95, of natural causes; with his son and daughter-inlaw and many close friends by his side, and in the caring hands of the staff of Gettysburg Memorial Hospital.

Mass of Christian Burial, with Military Rites, was held at 10:30 a.m., Tuesday May 23, 2017 at Sacred Heart Catholic Church, Gettysburg with Fr. Jerry Kopel officiating. Burial followed in the church cemetery at a later date. Visitation was held from 5:00 to 7:00 p.m, Monday May 22, 2017 with a scripture service at 7:00 p.m. at the church.

Joe was born on July 21, 1921 in Delmont, SD. He attended elementary school and graduated from Parkston High School. After graduation from high school, he worked one year, and then attended Eastern Normal College in Madison, SD before entering the U.S. Army in August, 1942. He served until November, 1945 with 31 months of duty in Africa and Italy. During his time in the service, he played right end for the Army team in the North African Football Classic, also known as the Arab Bowl, in a rough, two-handed “touch” game. Although Army lost to Navy by one point, Joe’s pass catching and tenacious rushing on defense was noted in the Stars and Stripes and the game was covered by Life magazine. Joe was the last surviving member of his unit, the 280th QM Refrigeration unit known as the “Termites”.

Following an honorable discharge from the Army, he received a Juris Doctor degree in 1950 from the University of South Dakota School of Law. He moved to Gettysburg that year to practice law with Kenneth J. Morgan. Joe practiced law, which included 31 years with his partner Craig Smith, until his retirement in 2001.

1950 was a good year; it was then that he met Bonnie Gidley, his future wife. Bonnie was working for James Tate, a local veterinarian, and Joe and Dr. Tate were roommates at that time at the Earl and Leona Olsen home. While Bonnie played hard to get at first, the attraction was mutual and Joe and Bonnie were married in Gettysburg on February 6, 1951. Beginning in 1994 they spent a number of winters in Mesa, AZ, until health problems prevented traveling, but Gettysburg remained their home until their passing.

Joe was very active in community service, including: member and past president of the Rotary Club, Treasurer of the Boy Scouts, Secretary of the Board of Education of the Gettysburg School District, member of the volunteer fire department, member of the board of directors of the Potter County Bank (later First Bank Gettysburg), a member of the Gettysburg Memorial Hospital board and otherwise affiliated with the Hospital and the Oahe Manor since 1952. Joe was a devout member of the Catholic Church and past director of the Sacred Heart Catholic Church in Gettysburg.

Next to his association with the hospital, Joe derived much satisfaction from his involvement with the promotion, construction, and erection of the Potter County Veteran’s Memorial, located at the Potter County Courthouse. In addition to being paid for by many generous donors, Joe thought it was the best memorial of its type to be found anywhere.

Beyond his law practice, Joe was also active in the Gettysburg business community. He and his law partner, Craig E. Smith, purchased the water-damaged Gettysburg Bakery and got it back into full operation. He and a number of other community-minded investors started the Super 8 Motel. He and Larry Madsen later became owners of the motel and renamed it the Gettysburg Inn and Suites. His latest venture was the Firehouse Diner, recently purchased by Carl Hawkinson. In 2002, he was honored to receive the annual Citizen of the Year award from the Gettysburg Chamber of Commerce.

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Joe was very involved in the governance of the legal profession as chairman of numerous South Dakota State Bar Association committees, including several terms as the Chair of the Ethics Committee. He served two terms as a Bar Commissioner, was a four-term States Attorney for Potter County, and held the highest rating, “AV” from Martindale Hubbell, the nation’s foremost attorney rating organization.

Joe was once asked why he chose to go to law school, and he replied, “I wanted to help people.” Everyone who knew him will say he was highly successful in that regard. Joe had a curious mind, a friendly nature, and quickly made people feel comfortable. He had countless friends through the years, many of whom started as his clients.

He was especially grateful for the companionship and assistance provided to his wife Bonnie and to him in their later years by Lila and Don Hericks, Arthur Quance, Larry Madsen, Geff Gunsalus, Craig Smith, and Todd and Amy Cordell and their family.

In Memory Of..

Homer M. Kandaras, 88, Rapid City, died Monday, September 25, 2017, at Bella Vista Healthcare Center.

A memorial service was held at 2:00pm on Friday, September 29, 2017, at Kirk Funeral Home.

Homer was born on August 23, 1929, in Aberdeen to William D. and Hallie L. (Ferguson) Kandaras. He moved to Rapid City in 1945. After graduating high school he attended one year at the National School of Business. He went on to join the Army and served from 1954 to 1956, and upon his return, he studied history, pre-law, and law courses at the University of South Dakota and graduated with a Juris Doctorate degree.

Homer was elected to the South Dakota Legislature in 1970, and served from 1971 to 1976. He was an assistant minority leader for the first two years, and an assistant majority leader for the second two years. He was also a majority leader of the South Dakota Senate for two years. He served as Chairman of the South Dakota Judiciary Committee and on a number of other committees in Rapid City, including the Mayor’s Human Relations Committee, Chairman of the Committee of Rapid Progress (through the Jaycees), a committee appointed by the mayor to work with city legislation for home day care (appointed by the city schools), and the City Commission to give advice and to keep the schools from raising property taxes (appointed by the School Board).

He was a lifetime member of the Elks Lodge, Pi Sigma Alpha, the South Dakota Bar Association, past member of the Federal Bar Association, and was admitted to practice at the Supreme Court of South Dakota of the 8th Circuit Appellate Court.

Politics was Homer’s main goal in life. He was always interested in photography and enjoyed coaching little league, Pony League and Harney All Stars (Pony League), coached girls softball and women’s and men’s softball.

He also enjoyed shooting pool in several leagues, and has bowled in a league from high school up to 2006.

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Members of the Bar, As a result of the changes created by HB 1183 during the 2017 Legislative Session related to competency evaluations for defendants in criminal proceedings it is important that all requests for competency evaluations be captioned “Motion for Mental Health Competency Evaluation” to enable to the Clerk of Court’s office to enter the data accurately so those orders and the completions of the evaluations can be tracked and monitored by the Unified Judicial System and Mental Health Oversight Council to meet the data reporting requirements of HB 1183 to assess system improvement.

When eFiling these motions please select “MOTION FOR MENTAL HEALTH COMPETENCY EVALUATION” as the caption and not a generic “MOTION” caption. The proposed order and subsequent order by the court should be captioned “MENTAL HEALTH COMPETENCY EVALUATION ORDERED.”

This applies to requests for Competency Evaluations only. The motion for mental health competency evaluation caption should not be used if other examinations are requested as part of the motion. If you are requesting guilty but mentally ill and/or an insanity evaluation in addition to the competency evaluation the motion or order should indicate that as well and be captioned accordingly.

Your attention to this matter is greatly appreciated.

If you have any questions please contact Greg Sattizahn, State Court Administrator, at Greg.Sattizahn@ujs.state.sd.us.

23A-10A-3. Hearing on mental condition--Mental examination and report. At any time after the commencement of a prosecution for an offense and prior to the sentencing of the defendant, the defendant or the prosecuting attorney may file a motion for a hearing to determine the mental competency of the defendant.

The court shall grant the motion, or shall order such a hearing on its own motion, if there is reasonable cause to believe that the defendant may presently be suffering from a mental disease or developmental disability, or other conditions set forth in § 23A-10A-1, rendering the defendant mentally incompetent to the extent that the defendant is unable to understand the nature and consequences of the proceeding against the defendant or to assist properly in the defendant's defense. Prior to the date of hearing, the court may order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, pursuant to the provisions of §§ 23A-46-1 and 23A-46-2. The examination shall be completed within twenty-one days of the court order, unless for good cause the court grants a continuance. The hearing shall be conducted pursuant to the provisions of § 23A-46-3.

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AMERICAN BAR ASSOCIATION STATE DELEGATE REPORT SOUTH DAKOTA Dick Travis dtravis@mayjohnson.com 2017 Annual Meeting in New York The American Bar Association convened for its 139th Annual Meeting in New York, New York, on August 9 – August 15, 2017. More than 60 leading law firms in midtown Manhattan provided programs as the “CLE in the City Series”. There were networking opportunities, and important issues facing our profession, country, and system of justice were discussed. Highlights included: •

The ABA Expo: There was the Trial of Two Pizzas (New York -v- Chicago); Joey Jackson, Defense Attorney & CNN /HLN Legal Analyst, serving as master of ceremony for the Legal Services Corporation Concert and Rally, and the Community Service Project “Operation Gratitude,” offering members the opportunity to volunteer their time.

•

The ABA General Assembly: There was the processional of ABA Delegates with state/territorial flag, followed by New York Bar President Sharon Stern Gerstman, who welcomed attendees to the Empire State. ABA President Linda Klein recognized John D. Feerick, former Dean at Fordham University School of Law as the 2017 recipient of the ABA Medal. In his remarks, he urged his fellow lawyers to “help address the access-to-justice gap.”

•

The Membership Meeting: membership.

•

The House of Delegates met for 1½ days. The gavel was passed to President, Hilarie Bass of Florida, election results for Delegate-at-Large and Board of Governor members were announced, and the House welcomed its newly elected officer: President-Elect, Robert M. Carlson of Montana. In addition, the House addressed an array of other topics and issues – including animal rights, civil rights and social justice, criminal justice, disability rights, dispute resolution, education, election law, gun violence, immigration, legal services, model rules/lawyer discipline, tort and trial and insurance, and veterans.

The Daily Journal of the actions of the House of Delegates can be found on the House of Delegates Webpage. The Select Committee Report is a more comprehensive summary and the August edition of the ABA Washington Letter also provides a detailed report.

Candidates seeking officer positions answered questions of the

There are many exciting things happening at the ABA. Please visit the ABA Home page to see the most current news, but there are two exciting travel opportunities for you to consider: • register for the ABA 2018 Paris Sessions in Paris, France, June 7 to June 10, 2018.

• register for the Midyear Meeting in Vancouver, British Columbia, January 31 to February 6, 2018.

Your commitment to the ABA makes a difference. I ask that you encourage other lawyers, especially those recently admitted to the bar, to join the ABA. The ABA works hard to benefit the legal profession and there are many member benefits. Just check out ABA Member Advantage.

As always, if you have any questions or comments, or if I can be of assistance helping you navigate the many programs and benefits of our Association, please email me.

Regards, Dick Travis ABA South Dakota State Delegate

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If You Failed to Document It, It Never Happened Mark Bassinghwaighte, Esq. Risk Manager, ALPS

Please, can we just acknowledge that lawyers as a group are terrible when it comes to properly and thoroughly documenting their files! Of course, not you, but all the other lawyers out there sure are. You wouldn’t believe how bad it can get. I say this because with almost every claim we handle, we have to deal with the lack of documentation of something.

And I can assure you that at times a poorly documented file can become a very serious problem. Think about it. The fallout is now we may be forced to live with the reality that a word against word dispute between a lawyer and his or her client is in play and that rarely ends well for the lawyer. Here’s just one story that highlights the problem.

Lawyer was retained by a client for the purpose of defending him in a contract dispute. No fee agreement or engagement letter was ever drafted. Lawyer prepared and filed an answer to the complaint that simply denied the allegations. There were no paragraphs specifically identified as affirmative defenses or a counterclaim, in part due to the fact there was no copy of the subject contract in the lawyer’s possession.

The matter eventually ended up in early mediation. Lawyer failed to draft and submit a mediation statement based upon a belief that the issues were simple and doing so would not have been cost effective. The matter was settled at mediation. The agreement provided client would sign a promissory note secured with a confession of judgment. Lawyer recalls telling client that this was not a favorable settlement for him but client

22

decided to agree to it anyway due to the potential costs of going to trial coupled with the risk of an adverse verdict. In other words, client just wanted to put it all behind him.

Lawyer drafted and sent to the client the final documents for signature.

There was no cover letter explaining the documents or setting forth the client’s obligations under them.

Client never signed the documents.

Instead client hired another lawyer who renegotiated the settlement for slightly better terms. Client refused to pay the bill and lawyer turned the bill over to a collection agency. Client sued for malpractice.

There are all kinds of documentation missteps in the above example but there’s an even bigger problem. In this situation there were no notes of any kind in the lawyer’s file. There was nothing documenting the lawyers thinking, no record of what was communicated, no record of the decision making process. Apparently the staff person responsible for scanning closed files and shredding the original file once scanning was complete was never instructed to scan and preserve all attorney notes. Now that’s the real problem.

Here at ALPS, we hear all the excuses when it comes to the reason why a firm’s documentation policies are not as thorough as they perhaps should be. “That step isn’t necessary,” “It takes too much time away from important work,” “We didn’t think keeping that was necessary”, “There are too many others things we have to do,” “The client would be offended if we did that,” and “We were trying to keep the costs down”

are commonly shared. That’s all well and good until someone questions what you did or why you did it.

Memories are short, yours included.

Never forget the following. If you didn’t document it, it wasn’t said or it didn’t happen. That’s how it’s going to play out in our world.

While the basics such as documenting scope of representation, who and who isn’t a client, and that representation has ended are vitally important, my desire with this article is to identify a few documentation traps that if not properly handled could place you in a situation not unlike the one set forth above. Here’s the ultimate goal. There should be a thorough written record of the advice given and the decision making process in every file and this record must be preserved for the life of the file.

The first trap involves the client who wants to save a little green. It’s a trap because there may be unintended consequences that the client hasn’t thought through. If a client is cost conscious to such a degree that limitations are being placed on your scope of representation (e.g. taking shortcuts such as having you rely on documents prepared by others, severely limiting the amount of authorized research or discovery, not wanting to pay to have assets valued, not wanting to hire an expert, etc.), you must document that this client has been informed of the legal ramifications of the limitations being placed on your representation as well as the reasons why this client is making such a decision. Here’s why. If this client

is eventually harmed by his desire to save a little money he will turn to you and say “Why didn’t you tell me that could happen? If I had only known I would have ponied up.”

the work done, advice given, and the decision making process.

Again, these documents should be maintained for the life of the closed file. Pay particular attention to email. All substantive email should In a similar vein, if your client be captured and preserved with the refuses to follow your legal advice, relevant file. I have visited too many it is essential that you document the firms where this isn’t the case, and client has been informed of why you frankly, that’s asking for trouble. made your recommendation, the benefits of proceeding according to Finally, don’t get caught in the your advice, and the potential legal comfort trap.

Many attorneys ramifications that might occur by thoroughly document the files of not following your advice. Of course, “problem clients” yet remain slack don’t forget to also document the in the documentation of files with client’s stated reasons for making their longstanding “good clients.” the decision to ignore your advice. More often than not, this is due to a level of comfort that has developed The next trap underscores one of with longstanding clients. Be careful the learnings from the story above. because too much comfort can cloud When closing a file, make certain one’s perception of what needs to that items like attorney notes, drafts be documented. Understand that of documents, memos, billing problem clients are not the only statements, and all substantive email clients who sue. Take whatever exchanged are preserved because time is necessary to thoroughly they serve as documentation of document all files throughout the

course of representation. The peace of mind that follows will be much better than the feeling of regret for not having done so should a claim ever arise, particularly one brought by a long-term good client.

This comfort trap also arises in another situation you should keep in mind. In short, never forget that you don’t get a pass when doing a legal favor for a friend or family member.

Treat this matter the same as you would if you were going to charge a paying client for the same work.

Deadlines need to be calendared, conflict checks need to occur, phone calls need to be documented, etc.

Friends and family due sue when things don’t turn out the way they expected; and when they do, if you happen to have no documentation of the advice given and the decision making process, you’re about to learn a hard lesson just like the lawyer in our story above did.

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Many South Dakota lawyers have risen to the challenge of making the SD Bar Foundation a favorite charity. Such generosity deserves public acknowledgement. Therefore, the Bar Foundation Board of Directors has created a “Fellows” program to not only make such acknowledgement, but also to provide an opportunity for more of our members to participate and determine their personal level of professional philanthropy. Participation can be on an annual basis or by pledge with payments over a period of time. All contributions made to the “Fellows” program will be deposited in the Foundation’s endowment account managed by the SD Community Foundation – famous for low management fees and excellent investment returns. Donations to the endowment are tax deductible and a perpetual gift to our profession and the educational and charities the Foundation supports.

Raising the Bar: Our Profession. Our Responsibility.

Life Patron Fellow: $100,000 plus – Lifetime, Including Pledges & Testamentary Gifts Sustaining Life Fellow: $50,000 plus – Lifetime, Including Pledges & Testamentary Gifts - Fred & Luella Cozad Life Fellow: $25,000 plus – Lifetime, Including Pledges & Testamentary Gifts - Frank L. Farrar Diamond Fellows: $10,000 plus – Lifetime, Including Pledge & Testamentary Gifts - Robert E. Hayes Platinum Fellows: $10,000 – Lifetime, Including Pledge & Testamentary Gifts Hon. Richard H. Battey

Hon. John B. Jones

Thomas C. Barnett, Jr.

Charles L. Riter

William Spiry

Hon. Jack R. Von Wald

Gold Fellows: $5,000 – Lifetime, Including Pledge - Richard A. Cutler P. Daniel Donohue Richard L. Kolker Silver Fellows: $1,000 per year Harry Chistianson (17-18)

Timothy J. Rensch (16-17)

Hon. Kathleen Trandahl (renewed 16-17)

Bret Merkle (17-18)

Herb C. Sundall (renewed 17-18)

Gregory A. Yates (renewed 17-18)

Scott C. Moses (renewed 17-18)

Brandon M. Taliaferro (renewed 17-18)

Fellows: $500 per year Hon. John Bastian (renewed 17-18)

Robert A. Martin (renewed 16-17)

Robert C. Riter (renewed 17-18)

Hon. John L. Brown (renewed 17-

Hon. Judith Meierhenry

Mrg Simon (renewed 17-18)

18)

(renewed 17-18)

Mary Jane Cleary (renewed 17-18)

Kimberley Mortenson (17-18)

Thomas E. Simmons (renewed 17-

Craig A. Kennedy (renewed 16-17)

Hon. Bobbi Rank (17-18)

18)

Barry R. Vickrey (16-17)

$10,000 Presidential Fellows Richard D. Casey Hon. Michael Day Robert B. Frieberg Thomas H. Frieberg David A. Gerdes Hon. David R. Gienapp G. Verne Goodsell Robert E. Hayes

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Patrick G. Goetzinger Terry L. Hofer Hon. Charles B. Kornmann Bob Morris Thomas J. Nicholson Gary J. Pashby Stephanie E. Pochop

Pamela R. Reiter Robert C. Riter, Jr. Eric C. Schulte Jeffrey T. Sveen Charles M. Thompson Richard L. Travis Thomas J. Welk

Foundation funds go to very important projects, including, Legal Services Programs in SD, Project Rural Practice, Legal Incubator Program, SD Public Broadcasting of Legislative Sessions, SD Guardianship Program, Teen Court, Ask-A-Lawyer.

Full Name_________________________ Law Firm/Company___________________________________ Address_______________________________________________________________________________ City______________________ State_____ Zip Code_________ I would like to contribute:  Lifetime Patron Fellow – $100,000 or more Lifetime Pledge, paid ___in lump sum, ___ annually, ___ semiannually,___ quarterly, ___ monthly, ___ other, please explain______________________________  Sustaining Life Fellow – $50,000 or more Lifetime Pledge, paid ___in lump sum, ___ annually, ___ semiannually, ___ quarterly, ___ monthly, ___ other, please explain______________________________  Life Fellow – $25,000 or more Lifetime Pledge, paid ___in lump sum, ___ annually, ___ semi-annually, ___ quarterly, ___ monthly, ___ other, please explain______________________________  Diamond Fellow – over $10,000 Lifetime Pledge, paid ___in lump sum, ___ annually, ___ semi-annually, ___ quarterly, ___ monthly, ___ other, please explain______________________________  Platinum Fellow – $10,000 Lifetime Pledge, paid ___in lump sum, ___ annually, ___ semi-annually, ___ quarterly, ___ monthly, ___ other, please explain______________________________  Gold Fellow – $5,000 Lifetime Pledge, paid ___in lump sum, ___ annually, ___ semi-annually, ___ quarterly, ___ monthly, ___ other, please explain______________________________  Silver Fellow – $1,000 per year, paid ___in lump sum, ___ semi-annually, ___ quarterly, ___ monthly, ___ other, please explain______________________________  Fellows – $500 per year, paid ___in lump sum, ___ semi-annually, ___ quarterly, ___ monthly, ___ other, please explain______________________________ Today I am sending (amount) $__________ to begin my gift. I am paying ___ by check, ___ by credit/debit card.

Credit/Debit Card Payments: Name On Card (if different than above):_______________________________ Address Tied to Card (if different than above): _________________________________________________ Card Number:__________________________, Expiration Date:______________, Security #____________ *Alternatively you can call Nicole Ogan at the State Bar (605-224-7554) to setup your payment(s).

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The products and coverages advertised herein are not currently available in all states; future availability may be subject to regulatory approval. A.M. Best rating as of 7/21/16. Product availability varies based upon business and regulatory approval and differs between companies. All products administered by Attorney Protective and underwritten by National Liability & Fire Insurance Company or its affiliates. Visit attorneyprotective.com/affiliates for more information. © 2017 Attorney Protective. All Rights Reserved.

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ATTPRO_ 321304 State Bar News Ad_RhodesAnderson.indd 1

2/23/17 10:09 AM

THANK YOU TO THE FOLLOWING ATTORNEYS FOR ACCEPTING A PRO BONO OR MODEST MEANS CASE FROM ACCESS TO JUSTICE, INC. THIS MONTH!

AND, THANK YOU TO:

KYLE KRAUSE SCOTT MOSES FOR ANSWERING QUESTIONS POSTED ON SD FREE LEGAL ANSWERS THIS MONTH!

Jeffrey Bratkiewicz Amber Hardy* Dennis Whetzal Sheila Woodward Kellen Willert ** Deborah DuBray Lisa Marso Dennis Duncan ** Stacy Johnson* Eric Ronke* Jonathan Heber *Accepted multiple cases since January 2017 **Bar Commissioner

Are you interested in volunteering with Access to Justice? Send a message to Denise Langley at: access.to.justice@sdbar.net

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BOARD OF BAR COMMISSIONERS Minutes, July 21, 2017 President Pamela Reiter called the meeting to order precisely at 8:00 a.m. on Friday, July 21, 2017, in Pierre, SD. Present were Reiter, President Elect Rasmussen, Commissioners Lovrien, Duncan, Hopper, Willert, Tobin, Williams, Thompson Kerver, Huff, Miner, Williams and Zea, and Secretary-Treasurer Barnett. Also joining the meeting were strategic plan coordinator Elizabeth Overmoe, A2J co-coordinator Denise Langley, and Abigail Howard, the Young Lawyer Section President.

Barnett gave a financial report and expenditures: 1. ABA Delegates 2. Ethics 3. Lawyer referral 4. Negligence/tort 5. Professional liability 6. Strategic plan 7. New immigration

recommended that several budget items be supplemented to meet actual $1595 2605 200 200 1475 3000 195

Moved by Hopper, seconded by Duncan, to supplement the budget as recommended, which motion was unanimously approved.

Abigail Howard presented the report of the Young Lawyers and its projects, including the statewide swearing-in ceremony scheduled for October 27, 2017.

Beth Overmoe gave a report on the strategic plan which report included several amendments concerning incorporation of technology, building member awareness of strategic plan and succession planning facilitation.

By consensus, these were incorporated into the plan.

Moved by Lovrien, seconded by Tobin, to go into executive session, which motion passed. After executive session, the meeting resumed.

Beth and Denise presented an update on A2J, reflecting 72 current open files.

President Reiter and Barnett gave a brief report on the annual meeting in June 2017.

Tom Barnett gave an update on the meeting with many different legislators and agricultural groups concerning adverse possession. Barnett and the special committee of Frederickson, Stuck and Riggins will undertake drafting of proposed legislation to address equitable issues. Then, Barnett discussed pending coordination of ERLS, DPLS and A2J regarding grants from the Equal Access to the Courts Commission.

President Reiter discussed developments in on-going projects including Lawyers Concerned for Lawyers and Lawyers Assistance Committee, pending rules regarding same, and lawyer referral. State Bar staff are working with vendors to identify and ascertain associated costs with the goal of implementation by the end of the year.

Barnett noted that the state bar had a contract with SD Advocacy to act as independent referral agency for both the LCL and LAC committees.

President Reiter announced that the Commission would meet every month, telephonically, dates to be announced.

Further, she announced the creation of a number of Commissioner subcommittees including bylaws, transition and succession, Keller v. California, budget and lobbying.

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Next, the Commissioners took up the proposed budget for the state bar. A number of changes were made. At this point, Pamela called for a motion to approve the budget. Moved by Duncan, seconded by Huff to approve the budget. Substitute motion by Lovrien to zero out the funding for the diversity/inclusion committee. The substitute motion died for a lack of second. The Board reverted back to original motion which was approved with Lovrien voting negative. * Next, the Commissioners took up the budget for CLE. Moved by Lovrien, seconded by Miner, too approve the CLE budget, which was unanimously approved.* Taking up the budget for A2J, moved by Duncan, seconded by Willert, to approve the budget, which was unanimously approved.* President Reiter presented the schedule for applications, screening, interviewing and ultimately, action for selecting the new Executive Director. Pamela scheduled the Commissioners for February 8th and 9th meeting to be held in Sioux Falls to conduct final interviews and selection. She reminded the Commissioners that they would meet in Pierre on October 27th, in conjunction with the YLS statewide swearing-in ceremony, January 5th in Pierre, and April 12th and 13th in Sioux Falls.

There being no further business, President Reiter adjourned the meeting.

Respectfully submitted,

Thomas C. Barnett, Jr. Secretary-Treasurer *These budgets are attached hereto and incorporated herein.

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Stress & Depression Treatment (carry over) $4,685.70

Socious ‐ Website/Online Transition Community/Membership Database $10,000.00 $23,000.00

Strategic Planning $27,500.00 Young Lawyers $23,000.00

ABA & State Bar Delegates $14,000.00 Access to Justice $50,000.00

Public Information $15,000.00

Professional Liability Insurance $1,000.00

Publications $65,000.00

President's Office $45,000.00 Law School, Moot Court $1,500.00

Disciplinary Board $110,000.00

Administration $550,179.36

Bar Commissioners $30,000.00 Annual Meeting $80,000.00

Committees (see breakdown, next page) $41,250.00

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2017‐18 General Fund Approved Budget

Worker's Compensation $200.00 Women in Law $1,000.00

Ag. Law $500.00

Admin Law $200.00

Alternative Dispute Resolution $200.00 Consumer Protection $100.00

Solo & Small Firm $500.00 Real Property, Probate & Trust Law $1,000.00

Criminal Law $200.00 Business Law $3,000.00

Veterans $2,500.00

Debtor‐Creditor $200.00 Diversity & Inclusion $1,000.00 Education $200.00

Public Sector $200.00

Elder Law $200.00

Practice Rules Revision $200.00

Project Rural Practice $2,500.00

Ethics $2,500.00 Evidence $200.00 Family Law $1,000.00

Pattern Jury Instructions ‐ Criminal $2,000.00

Immigration $200.00 In‐House Counsel $750.00

Pattern Jury Instructions ‐ Civil $7,500.00

Indian Law $200.00 Judicial Bar Liaison $200.00 Labor & Employment Law $200.00 Law Practice Management $1,000.00

Law School $1,000.00 Lawyers Assistance ‐ Depression $2,500.00

Negligence & Tort Law $200.00 Natural Resources $200.00

Lawyers Concerned for Lawyers $2,500.00

Liaison w/SD IRS $200.00 Legal Services $1,000.00

Lawyer Referral $4,000.00

2017‐18 General Fund Approved Budget ‐ Committee Breakdown

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Equipment Maintenence $500.00 Software $1,368.00 Rent $0

Travel $2,000.00

Office Supplies $1,000.00

Audit $750.00

Miscellaneous $1,300.00

Phone/Internet Utilities $0 $2,700.00

Postage $0

Insurance $6,700.00 Retirement $5,000.00

Payroll Taxes $7,000.00

Salaries $81,600.00

2017‐18 Access to Justice Approved Budget

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Remote Deposit/Credit Card Fees $500.00 Pattern Jury Instruction Printing $3,500.00 Honorariums $3,000.00

Tape Lending Library $5,000.00 Speaker Donations to SDBF $3,500.00 Rent (1/2) $13,530.00

Refreshments, equipment rentals $12,000.00

Miscellaneous Phone/Internet $8,500.00 $8,000.00 Postage Copies $600.00 $12,000.00

Equipment/Maintenance Fund $7,000.00 Office Supplies/Dakota Disc Pens, etc. $15,000.00 Supreme Court Opinions (printing) $15,000.00

Audio/Video CLE Programs $3,000.00

Staff Travel $20,000.00 Committee Travel $1,000.00 Program Travel and Speaker Expenses$10,000.00

Equipment Leases (copier, postage meter) $8,000.00 Insurance $4,025.00 Federal Taxes $4,000.00 Audit $5,000.00

Books & Printing (includes 1/2 directory) $40,000.00

Fastcase Contract $125,000.00

State Bar Payment $155,000.00

Rackspace $19,000.00 Fastcase Expenses $5,000.00

2017‐18 Continuing Legal Education Approved Budget

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State Bar of South Dakota Committee Assignments 2017-2018 ADMINISTRATIVE LAW Mallori Barnett, Pierre Steve Blair, Pierre Megan Borchert, Pierre Niclas Dahlvang, Wessington Springs Catherine Duenwald, Pierre Kristen Edwards, Pierre Andrew Fergel, CH, Pierre Ashley McDonald, Sioux Falls Amber Mulder, Sioux Falls William Nevin, Pierre Hon. Bobbi Rank, Winner John Richter, Pierre J.G. Schultz, Sioux Falls Roger Thomas, Apple Valley, MN Rosa Yeager, Pierre AGRICULTURAL LAW Barbara Braley, Parkston Brian Donahoe, Sioux Falls Dennis Evenson, Clear Lake Jacob Fischer, Corsica Amanda Gaikowski, Sioux Falls Benjamin Kleinjan, Brookings Richard Kolker, Groton Craig Krogstad, Sioux Falls David Larson, Chamberlain Matthew Naasz, Pierre Jason Shanks, Sioux Falls Danny Smeins, Britton Kelsea Sutton, Burke Jeffrey Swett, Rapid City Michael Traxinger, CH, Aberdeen Todd Wilkinson, DeSmet ALTERNATIVE DISPUTE RESOLUTION Holly Behrens, Aberdeen Gregory Brewers, Sioux Falls Patrick Burns, Minneapolis, MN Charles Dorothy, Sioux Falls Catherine Duenwald, Pierre William Garry, Sioux Falls Hon. David Gienapp, Madison Chet Groseclose, Sioux Falls Timothy Johns, Lead Katie Johnson, Beresford Matt Konenkamp, Pierre Michael McKnight, CH, Sioux Falls Greg Peterson, Aberdeen

Marilyn Trefz, Vermillion Linda Lea Viken, Rapid City BUSINESS LAW Clay Anderson, Miller Amy Arndt, CH, Sioux Falls Frances Becker, Rapid City William Blewett, Sioux Falls Catherine Chicoine, Rapid City James Cremer, Aberdeen Thomas Deadrick, Pierre Michael Diedrich, Rapid City Matthew Dorothy, Harrisburg Joseph Dylla, Sioux Falls Mark Feinstein, Sioux Falls AJ Franken, Pierre Patrick Goetzinger, Rapid City Gregg Greenfield, Sioux Falls Chad Hansen, Dell Rapids Curtis Jensen, Rapid City Darrell Jesse, Dakota Dunes Thomas Johnson, Sioux Falls Brian Kirby, Sioux Falls Andrew Knutson, Rapid City Richard Kolker, Groton Paul Lewis, Flandreau David Lust, Rapid City Carey Miller, Sioux Falls Richard Moe, Sioux Falls Heath Oberloh, Sioux Falls John Raforth, Rapid City David Rezac, Sioux Falls Timothy Thomas, Rapid City Bobbi Thury, Sioux Falls Matthew Tobin, Sioux Falls Rodrick Tobin, Aberdeen Paul Tschetter, Sioux Falls Jayna Voss, Sioux Falls Jerry Wattier, Pierre James Wefso, Rapid City Stephen Wesolick, Rapid City CONSUMER PROTECTION John Steele, CH, Plankinton CONTINUING LEGAL EDUCATION Tara Adamski, Pierre Stanton Anker, Sioux Falls Thomas Clayton, Sioux Falls

Meghan Dilges, Pierre Greg Eiesland, Rapid City Alecia Fuller, Rapid City Hon. Cheryle Gering, Yankton Eric Hanson, Sioux Falls Ann Hoffman, Sioux Falls Meghann Joyce, Sioux Falls Cesar Juarez, Sioux Falls Jessica Larson, Rapid City Sarah Richardson Larson, Sioux Falls Melissa Neville, Aberdeen Hon. Craig Pfeifle, Rapid City Victoria Reker, Sioux Falls Carrie Sanderson, Sioux Falls Gregory Sattizahn, Pierre William Sims, Sioux Falls Jason Sutton, CH, Sioux Falls Jennifer Williams, Rapid City Judith Zeigler, Sioux Falls CRIMINAL LAW Jason Adams, Co-CH, Sioux Falls Amy Bartling, Co-CH, Gregory Cynthia Berreau, Canton James Billion, Sioux Falls Paul Brankin, Rapid City Philip Carlson, Mitchell Paul Cremer, Pierre Melissa Fiksdal, Sioux Falls William Golden, Sioux Falls Raleigh Hansman, Sioux Falls George Johnson, Gregory Ryan Kolbeck, Sioux Falls Joseph Kosel, Lead Hon. Heidi Linngren, Rapid City Katie Mallery, Sioux Falls Jacqueline Meile, Sioux Falls Kenneth Meyer, Madison Janet Olson, Sioux Falls Robert Pasqualucci, Rapid City N. Bob Pesall, Flandreau Brandy Rhead, Rapid City Amber Richey, Deadwood Lara Roetzel, Rapid City Traci Smith, Sioux Falls Carrie Srtska, Pierre Jeffery Tronvold, Pierre Daniel VanGorp, Philip Grant Walker, Selby

1

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CRIMINAL LAW, Con’t.

Amanda Work, Winner

Susan Simons, Sioux Falls Kara Wood, Rapid City

DEBTOR-CREDITOR Thomas Ashby, Omaha, NE Laura Ask, Sioux Falls James Cremer, Aberdeen Patrick Dougherty, Sioux Falls Keith Gauer, Sioux Falls Sara Greff-Dannen, Sioux Falls Alex Hagen, Sioux Falls Robert Hayes, Sioux Falls Eric Kerkvliet, Sioux Falls Kevin Lewis, Pine Ridge Mitchel Martin, Sioux Falls David Nadolski, Sioux Falls Robert Nelson, CH, Sioux Falls Lee Ann Pierce, Brookings Eric Ronke, Sioux Falls Torrey Sundall, Sioux Falls Brian Utzman, Rapid City

ELDER LAW Matthew Bock, Sioux Falls Erika Campbell, Spearfish JoAnn Dickinson, Dell Rapids Aaron Eiesland, Rapid City Nicole Emerson, Sioux Falls Greg Erlandson, Rapid City Marc Feinstein, Sioux Falls Lonald Gellhaus, Aberdeen Karen Gourley, Sioux Falls John Heisler, Sioux Falls Hon. Janine Kern, Rapid City David Knoff, Yankton Gregory Litton, Rapid City Lisa Maguire, Sioux Falls Robert Martin, Rapid City Howard Paulson, Sioux Falls Michael Porter, Spearfish Thomas Simmons, CH, Vermillion Lori Skibbie, Minneapolis, MN Douglas Thesenvitz, Sioux Falls McLean Thompson Kerver, Rapid City Bobbi Thury, Sioux Falls Kristi Vetri, O’Fallon, IL Stephen Wesolick, Rapid City Rebecca Wilson, Sioux Falls

DIVERSITY AND INCLUSION Hon. Joni Cutler, Sioux Falls Hon. Francy Foral, Sturgis Robert Frieberg, Beresford Hon. David Gienapp, Madison Taneeza Islam, Sioux Falls Jeremy Jehangiri, Sioux Falls Cesar Juarez, Sioux Falls Tamara Nash, CH, Sioux Falls Stephanie Pochop, Gregory Marie Ruettgers, Sioux Falls Eric Schulte, Sioux Falls Thomas Simmons, Vermillion Mike Traxinger, Aberdeen Terri Williams, Rapid City Amanda Work, Winner EDUCATION Kate Bartell-Nowak, Sioux Falls Guiherme Costa, Pierre Holly Farris, Pierre Jennifer Frank, Rapid City Tracy Greene, Brookings Robert Griggs, Sioux Falls Thomas Harmon, Pierre Gerald Kaufmann, Pierre Samuel Kerr, CH, Rapid City Donald Knudsen, Rapid City Gene LeBrun, Rapid City Lisa Marso, Sioux Falls Tate Means, Pine Ridge Anne Plooster, Pierre Paul Sedlacek, Rapid City James Shekleton, Pierre

ETHICS Ellie Bailey, Pierre John Billion, Sioux Falls Jeffrey Bratkiewicz, Sioux Falls Richard Engels, Hartford Douglas Fosheim, Huron Alecia Fuller, Rapid City Neil Fulton, CH, Pierre Sandra Hoglund Hanson, Sioux Falls Eric Kelderman, Rapid City Tamara Lee, Yankton Christopher Madsen, Sioux Falls Donald McCarty, Brookings Wendy McGowen, Rapid City Ann Mines-Bailey, Pierre Sander Morehead, Sioux Falls Sarah Morrison, Rapid City Mike Schaffer, Sioux Falls Thomas Simmons, Vermillion Ryan Snell, Sioux Falls EVIDENCE Daniel Brendtro, Sioux Falls John Burke, Rapid City Carla Cushman, Rapid City Richard Dale, Sioux Falls

Hon. Natalie Damgaard, Canton Bradley Gordon, Belle Fourche Hon. Douglas Hoffman, Sioux Falls Chris Hutton, Vermillion Stephen Landon, Sioux Falls Jeff Larson, Sioux Falls Barbara Lewis, Rapid City Eric Lovro, Sioux Falls Matthew Murphy, Sioux Falls Donald Porter, Rapid City Eric Preheim, CH, Sioux Falls Lindsey Quasney, Sioux Falls Cheri Scharffenberg, Tea Michael Snyder, Sioux Falls Gary Thimsen, Sioux Falls FAMILY LAW Beth Baloun, Sioux Falls Gregory Brewers, Sioux Falls Mary Burd, Sioux Falls Amanda Engel, Sioux Falls Margaret Gillespie, Sioux Falls Thomas Keller, Sioux Falls Kristen Kochekian, Redfield Kyle Krause, Rapid City Tiffani Landeen, Sioux Falls Denise Langley, Pierre Donald McCarty, Brookings Chris McClure, Sioux Falls Lorie Melone, Rapid City Kathryn Morrison, Sioux Falls Melissa Neville, Aberdeen Melissa Nicholson Breit, Sioux Falls Kylie Riggins, Rapid City Beth Roesler, Yankton Brooke Swier Schloss, Avon Merton Tice, Rapid City Kenneth Tschetter, Sioux Falls Linda Lea Viken, Rapid City Debra Watson, Rapid City Dava Wermers, Mitchell Terri Williams, CH, Rapid City Teressa Zahrbock Kool, Sioux Falls IMMIGRATION LAW Amanda Bahena, Sioux Falls Casey Eekhoff, Sioux Falls Henry Evans, Sioux Falls Janice Godltand, Sioux Falls Sandi Haeuszer, Sioux Falls Taneeza Islam, Co-CH, Sioux Falls Anna Kerner Andersson, Dakota Dunes Alison Ramsdell, Sioux Falls Kari Scofield, Co-CH, Sioux Falls

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INDIAN LAW Kirk Albertson, Pierre Margaret Bad Warrior, Eagle Butte Curtis Carrol, Eagle Butte Leonika Charging, Omaha, NE Meghan Dilges, Pierre Deborah DuBray, Rapid City Cheryl DuPris, Pierre Shaun Eastman, Agency Village James Eirinberg, Sioux Falls Hon. Robert Gusinsky, Rapid City Dana Hanna, Rapid City Stacy Hegge, Pierre Phil Hogen, Black Hawk Brendan Johnson, Sioux Falls Denise Langley, Pierre JR LaPlante, Sioux Falls Cheryl Laurenz-Bogue, Dupree Lori Miner, Lower Brule Alvin Pahlke, Winner Seth Pearman, CH, Flandreau Frank Pommersheim, Vermillion Shane Pullman, Rapid City Matthew Rappold, Mission Tom Sorensen, Vermillion Jane Tschetter Lucas, Washington DC Ron Volesky, Huron IN-HOUSE COUNSEL Derek Bertsch, Sioux Falls Deb Birgen, Sioux Falls Sarah Bouwman, Sioux Falls Michael Diedrich, Rapid City Matthew Dorothy, Harrisburg Elizabeth Duffy, Sioux Falls Holly Farris, Pierre Peter Fischer, Rapid City Justin Goetz, Watertown Robert Hollan, Sioux Falls Julie Johnson, Mina Samuel Kerr, Rapid City Adam Kirsch, Rapid City Amy Koenig, Rapid City Joel Landeen, Rapid City Amy Lauck, Sioux Falls Tate Means, Pine Ridge Jonathan Oostra, Sioux Falls Daniel Rafferty, Yankton Robert Sahr, Madison Kristina Schaeffer, Sioux Falls Mrg Simon, CH, Sioux Falls Torrey Sundall, Sioux Falls Michael Traxinger, Aberdeen Jason Unger, Flandreau James Wefso, Rapid City Ashley Wenger-Slaba, Sioux Falls

JUDICIAL BAR LIAISON Robert Anderson, Pierre Mark Arndt, Sioux Falls Lonnie Braun, Rapid City Renee Christensen, Sioux Falls Greg Eiseland, Rapid City Thomas Frankman, CH, Sioux Falls William Garry, Sioux Falls

Hon. Chief Justice David Gilbertson, Pierre

Anthony Hohn, Sioux Falls Gary Jensen, Rapid City Stacy Johnson, Aberdeen Craig Kennedy, Yankton Hon. Janine Kern, Rapid City Hon. Heidi Linngren, Rapid City David Lust, Rapid City Hon. Carmen Means, Watertown Ann Mines-Bailey, Pierre Thomas Nicholson, Sioux Falls Hon. Jane Pfeifle, Rapid City Brian Radke, Sioux Falls James Power, Sioux Falls Hon. Glen Severson, Sioux Falls Hon. Patrick Smith, Mitchell Hon. Marya Tellinghuisen, Rapid City Roy Wise, Aberdeen

LABOR/EMPLOYMENT LAW Jean Bender, Sioux Falls Richard Bogue, Canton Melanie Carpenter, Sioux Falls Joseph Dreesen, Omaha, NE Jennifer Frank, Rapid City Shannon George-Larson, Sisseton Sara Baron Houy, Rapid City Samuel Kerr, Rapid City Donald Knudsen, Rapid City Dennis Maloney, Aberdeen Lisa Marso, Sioux Falls Johnathon McCoy, Rapid City Kassie McKie Shiffermiller, Rapid City Nichole Mohning Roths, Sioux Falls Colleen Moran, Sioux Falls Amber Mulder, Sioux Falls Meghan Roche, Sioux Falls Beth Roesler, Sioux Falls Marie Ruettgers, Sioux Falls James Shekleton, Pierre Susan Simons, Sioux Falls Marilyn Trefz, CH, Vermillion LAW PRACTICE MANAGEMENT Beth Baloun, Sioux Falls Jordan Bordewyk, Rapid City Timothy Bottum, Mitchell Thomas Graslie, Rapid City

Alex Halbach, Co-CH, Sioux Falls Kristen Kochekian, Redfield Janet Olson, Sioux Falls Kylie Riggins, Rapid City Matthew Roby, Watertown Sara Show, Co-CH, Sioux Falls Anthony Teesdale, Brookings Doug Thesenvitz, Sioux Falls Sheila Woodward, Yankton Colleen Zea, Sioux Falls LAW SCHOOL Douglas Barnett, Sioux Falls Richard Cutler, Sioux Falls Julie Dvorak, Aberdeen

Hon. Chief Justice David Gilbertson, Pierre

Robert Hayes, Sioux Falls Hon. Douglas Hoffman, Sioux Falls Travis Jones, Rapid City Jeff Larson, Sioux Falls Sarah Richardson Larson, Sioux Falls Hon. Heidi Linngren, Rapid City Marshall Lovrien, CH, Aberdeen Donald McCarty, Brookings Bob Morris, Belle Fourche Tamara Nash, Sioux Falls Hon. Craig Pfeifle, Rapid City Catherine Piersol, Sioux Falls Pamela Reiter, Sioux Falls Hon. Susan Sabers, Sioux Falls Clint Sargent, Sioux Falls Eric Schulte, Sioux Falls Sarah Theophilus, Sioux Falls Hon. Mary Thorstenson, Rapid City Mark Vargo, Rapid City Terry Westergaard, Rapid City LAWYER ASSISTANCE Thomas Clayton, Sioux Falls Henry Evans, Sioux Falls Hon. Francy Foral, Sturgis Gregg Greenfield, Sioux Falls Scott Hoy, Sioux Falls Lon Kouri, Sioux Falls Renae Kruse, Sioux Falls Sonia Larson, Sioux Falls Robert Lewis, Rapid City Mark Marshall, Rapid City Michael McKnight, Sioux Falls Patricia Meyers, Rapid City Stephanie Pochop, CH, Gregory Rebecca Porter, Rapid City Vincent Purtell, Sioux Falls Matthew Roby, Watertown Tom Sorensen, Vermillion

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LAWYER REFERRAL Hon. Francy Foral, Co-CH, Sturgis Patrick Goetzinger, Rapid City Maxx Hickey, Sioux Falls Christopher Jung, Co-CH, Aberdeen Brian Kirby, Sioux Falls Amanda Miiller, Pierre Alexa Moeller, Vermillion Pamela Reiter, Sioux Falls David Wheeler, Huron LEGAL SERVICES John Buchy, Mission Mary Dell Cody, Yankton Kimberly Dorsett, Aberdeen Thomas Fritz, Co-CH, Rapid City Steven Huff, Yankton Chris Hutton, Vermillion Taneeza Islam, Sioux Falls Denise Langley, Pierre Ann Marie Michaels, Rosebud Bob Morris, Belle Fourche Scott Moses, Rapid City Ramon Ortiz, Vermillion Reed Rasmussen, Aberdeen Pamela Reiter, Sioux Falls Robert Riter, Pierre Eric Schulte, Sioux Falls Jason Smiley, Rapid City Brent Thompson, Sioux Falls Richard Travis, Sioux Falls Cheryl Valandra, Mission Thomas Welk, Co-CH, Sioux Falls Ex Officio: Thomas Barnett, Pierre Thomas Frieberg, Beresford Terry Hofer, Rapid City LIAISON WITH THE IRS Steven Britzman, CH, Brookings Richard Moe, Sioux Falls John Raforth, Rapid City Thomas Simmons, Vermillion NATURAL RESOURCES Ashley Anson, White Lake Steven Blair, Pierre Jeffrey Collins, Rapid City Kristen Edwards, Pierre David Ganje, Rapid City Thomas Graslie, Rapid City Dwight Gubbrud, CH, Belle Fourche Christopher Healy, Sioux Falls Brett Koenecke, Pierre Max Main, Belle Fourche Scott Moses, Rapid City

Spencer Mosness, Rapid City Margo Northrup, Pierre Erika Olson, Rapid City Jess Pekarski, Rapid City William Taylor, Sioux Falls Timothy Thomas, Rapid City Kellen Willert, Belle Fourche Richard Williams, Pierre Tracy Zephier, Rapid City NEGLIGENCE AND TORT LAW Steven Beardsley, Rapid City Michael Bornitz, Sioux Falls John Burke, Rapid City Renee Christensen, Sioux Falls Shannon Falon, Sioux Falls Alicia Garcia, Rapid City Elizabeth Hertz, Sioux Falls Kathy Hoskins, Sioux Falls Jeffrey Hurd, Rapid City R. Alan Peterson, Sioux Falls Vince Purtell, Sioux Falls Michael Tobin, Sioux Falls Thomas Tonner, Aberdeen Bram Weidenaar, CH, Sioux Falls Mark Welter, Sioux Falls Mindy Werder, Watertown PATTERN JURY INSTRUCTIONS - CIVIL John Bastian, Belle Fourche Gregory Bernard, Rapid City Michael Bornitz, Sioux Falls John Burke, Rapid City Jeffery Collins, Rapid City Brian Donahoe, Sioux Falls William Fuller, CH, Sioux Falls John Hughes, Sturgis Stacy Kooistra, Sioux Falls Kimberly Lanham, Sioux Falls Barbara Lewis, Rapid City Steven Morgans, Sioux Falls Dean Nasser, Sioux Falls Steven Oberg, Rapid City Cheri Raymond, Sioux Falls Sara Show, Sioux Falls Rodney Steele, Brookings Philip Stiles, Rapid City Nancy Turbak Berry, Watertown Ronald Wager, Aberdeen Laurence Zastrow, Scottsdale, AZ

PATTERN JURY INSTRUCTIONS CRIMINAL Jason Adams, Sioux Falls

Kirk Albertson, Pierre Hon. Tami Bern, Yankton Paul Cremer, Pierre Hon. Patty DeVaney, Pierre Constance Larson, Co-CH, Sioux Falls Todd Love, Rapid City Jennifer Mammenga, Sioux Falls Cullen McNeece, Pierre Michael Miller, Sioux Falls James Miskimins, Mitchell G. Matthew Pike, Co-CH, Deadwood Timothy Rensch, Rapid City Lindsey Riter-Rapp, Pierre Hon. Mark Salter, Sioux Falls Heather Sazama, Rapid City Jeffery Tronvold, Pierre Eric Whitcher, Rapid City Paul Winter, Rapid City Tressa Zahrbock Kool, Sioux Falls PRACTICE RULES REVISION Patricia Archer, Pierre Mallori Barnett, Pierre Gregory Bernard, Rapid City John Burke, Rapid City Delia Druley, Sioux Falls Aaron Eiseland, Rapid City Gregory Erlandson, Gregory Shannon Falon, Sioux Falls Michelle Himes Randall, Rapid City Jeffrey Hurd, Rapid City Meghann Joyce, Sioux Falls Donald Knudsen, CH, Rapid City Shiloh MacNally, Rapid City Ronald Parsons, Sioux Falls Jay Schultz, Rapid City Hon. John Sogn, Sioux Falls Gary Thimsen, Sioux Falls Ex-Officio: Shirley Jameson-Fergel, Pierre PROJECT RURAL PRACTICE Ashley Anson, White Lake Margaret Bad Warrior, Dupree Thomas Barnett, Pierre Amy Bartling, Gregory Chris Beesley, Custer Fredric Cozad, CH Emeritus, Martin Ryan Cwach, Bloomfield, NE Hon. Francy Foral, Sturgis Thomas Frieberg, Beresford Justin Goetz, Watertown Patrick Goetzinger, Co-CH, Rapid City Thomas Graslie, Rapid City Robert Haivala, Sturgis Thomas Keller, Sioux Falls

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PROJECT RURAL PRACTICE, Con’t.

Kristen Kochekian, Redfield Sarah Larson, Gettysburg Bob Morris, Co-CH, Belle Fourche Chad Nelson, Milbank Thomas Nicholson, Sioux Falls Shane Penfield, Lemmon Jim Seward, Rapid City Hon. Kathleen Trandahl, Winner Amanda Work, Winner Ex-Officio: William Engberg, Pierre Anita Fuoss, Murdo Dean Tom Geu, Vermillion

Hon. Chief Justice David Gilbertson, Pierre

Shawn Lyons, Pierre Hon. Lawrence Piersol, Sioux Falls Bob Sutton, Sioux Falls Cheryl Valandra, Mission Bob Wilcox, Pierre

PUBLIC INFORMATION Reece Almond, Co-CH, Sioux Falls Eric Johnson, Co-CH, Sioux Falls

McLean Thompson Kerver, Co-CH, Sioux Falls

SOLO AND SMALL FIRM Ashley Anson, White Lake Corey Bruning, Flandreau James Craig, Sioux Falls Lewayne Erickson, Brookings John Frederickson, Deadwood Anita Fuoss, Murdo Thomas Graslie, Co-CH, Rapid City Katie Johnson, Co-CH, Beresford Richard Johnson, Sioux Falls Thomas Keller, Sioux Falls Kristen Kochekian, Redfield Sarah Larson, Gettysburg Todd Miller, Sioux Falls Bob Morris, Belle Fourche Seth Nielsen, Minneapolis Langu Okall, Sioux Falls Michael Ortner, Hot Springs N. Bob Pesall, Flandreau Greg Protsch, Howard Danny Smeins, Britton Sandy Steffen, Burke John Stekly, Platte Lisa VonWald, Selby STRATEGIC PLAN Richard Casey, Co-CH, Sioux Falls Aaron Eiesland, Rapid City Andrew Fergel, Pierre Hon. Francy Foral, Sturgis Thomas Frieberg, Beresford

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Patrick Goetzinger, Rapid City Terry Hofer, Rapid City Taneeza Islam, Sioux Falls Samuel Kerr, Rapid City Margo Northrup, Pierre Elizabeth Overmoe, Sioux Falls Seth Pearman, Flandreau Alison Ramsdell, Sioux Falls Kirsten Taggart, Coleman

Hon. Kathleen Trandahl, Co-CH, Winner

Jennifer Williams, Rapid City

VETERANS COMMITTEE Kirk Albertson, Pierre Edward Angel, Sioux Falls Kathryn Cahoy, Sioux Falls Justin Clarke, Sioux Falls Eric Cleveringa, Sioux Falls Conor Duffy, Rapid City Casey Fideler, Sioux Falls Bruce Ford, Watertown Dusty Ginsbach, Buffalo Shannon Holstein, Rapid City Edward Hruska, Pierre Darrell Jesse, Dakota Dunes Amy Karpan, Ft. Meade, MD Seth Klentz, Sioux Falls Gregory Litton, Rapid City Karla McArthur Harris, Rapid City Donald McCarty, Brookings Bob Morris, Belle Fourche David Natvig, Kimball Philip Peterson, Beresford Jeffry Rarick, Vermillion Jason Ravnsborg, Yankton Randy Sample, Sioux Falls Aaron Sandvig, Aberdeen Jim Seward, Rapid City Tracye Sherrill, Sioux Falls Hon. Robert Spears, Watertown Hon. Greg Stoltenburg, Brookings Hon. Gordon Swanson, Sturgis Sarah Theophilus, Co-CH, Sioux Falls Trevor Thielen, Rapid City Gary Thimsen, Co-CH, Sioux Falls Kellen Willert, Belle Fourche

Erika Olson, Rapid City Hon. Michelle Percy, Deadwood McLean Thompson Kerver, Rapid City Linda Lea Viken, Rapid City Kelsey Weber, Rapid City Ashlee Wendt, CH, Sioux Falls Dava Wermers, Mitchell Amanda Work, Winner WORKERS COMPENSATION Daniel Ashmore, Co-CH, Rapid City Jami Bishop, Sioux Falls Gene Bushnell, Rapid City Eric DeNure, Sioux Falls Kristi Holm, Sioux Falls James Marsh, Pierre Margo Tschetter Julius, Rapid City Christina Klinger, Pierre Charles Larson, Sioux Falls James Leach, Rapid City Brad Lee, Rapid City Rebecca Mann, Co-CH, Rapid City Thomas Martin, Brookings Rick Orr, Sioux Falls R. Alan Peterson, Sioux Falls Catherine Sabers, Rapid City Tracye Sherrill, Sioux Falls Michael Simpson, Rapid City Justin Smith, Sioux Falls Bram Weidenaar, Sioux Falls

WOMEN IN LAW Megan Borchert, Pierre Nichole Carper, Sioux Falls Hon. Natalie Damgaard, Sioux Falls Raleigh Hansman, Sioux Falls Laura Hofer, Sioux Falls Ann Hoffman, Sioux Falls Emily Lessin, Rapid City Jolene Nasser, Sioux Falls

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Officers of Related Groups (2017-2018)

Officers of the Bar Pamela R. Reiter, President, Sioux Falls Reed A. Rasmussen, Pres.Elect, Aberdeen Thomas C. Barnett, Jr., Executive Director & Secretary-Treasurer, Pierre

Sioux Falls William C, Garry, National Board Rep., Sioux Falls

Board of Bar Commissioners Dennis L. Duncan, Parker Jason R.F. Sutton, Sioux Falls Arthur M. Hopper, Watertown Kellen B. Willert, Belle Fourche Roderick L. Tobin, Aberdeen Richard M. Williams, Pierre McLean A. Thompson Kerver, Rapid City Steven K. Huff, Yankton Marshall C. Lovrien, Aberdeen Jana M. Miner, Pierre Rebecca Morlock Reeves, Watertown Jennifer M. Williams, Rapid City Colleen M. Zea, Sioux Falls

Board of Bar Examiners Susan M. Sabers, Ch., Sioux Falls Jack H. Hieb, Aberdeen Larry M. Von Wald, Rapid City Neil Fulton, Pierre Jane Wipf Pfeifle, Hon., Rapid City

Access to Justice Denise Langley, CoCoordinator, Pierre Elizabeth Overmoe, CoCoordinator, Sioux Falls American Board of Trial Advocates James E. Moore, President, Sioux Falls Gary D. Jensen, Secretary/Treasurer, Rapid City Thomas M. Frankman, National Board Rep.,

Attorneys Liability Protection Society (ALPS) Jeffrey T. Sveen, Director, Aberdeen

Kelsey Parker, Rapid City Disciplinary Board Christina L. Klinger, Ch., Pierre Heather Lammers Bogard, Rapid City Julie M. Dvorak, Aberdeen William C. Garry, Sioux Falls Camela C. Theeler, Sioux Falls Terry G. Westergaard, Rapid City Steve Willard, Lay Member, Pierre Robert B. Frieberg, Counsel, Beresford Thomas C. Barnett Jr., Board Secretary, Pierre

Commission on Equal Access to Our Courts Thomas J. Welk, Ch., Sioux Falls Steve Cutler, Vice Ch., Sioux Falls Cheryl Hanna, Secretary, Rapid City Susan Jensen, Dakota Dunes Honorable John L. Brown, Pierre Thomas G. Fritz, Rapid City Gregory L. Sattizahn, Pierre

Judges Association Hon. Mark Anderson, President Hon Doug Hoffman, Vice President Hon. Patty DeVaney, Secretary-Treasurer

Council of School Attorneys Ken Cotton, President, Wagner Sam Kerr, Vice President, Rapid City Gerald Kaufman, Secretary/Treasurer, Pierre Jane Farrell, Hot Springs Rodney Freeman, Huron Dwight Gubburd, Belle Fourche Monte Hopper, Watertown

Judicial Qualifications Commission Kimberly Mortenson, Fort Pierre, Chair Mark S. Robe, Watertown, Vice Chair Hon. Bruce V. Anderson, Armour, Secretary Hon. Robin J. Houwman, Sioux Falls Jim D. Steward, Spearfish Mark Haigh, Sioux Falls

Fellows of the American Bar Foundation Tom E. Geu, State Ch., Vermillion

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Rebecca A. Porter, Rapid City Lawyers Concerned for Lawyers William A. Delaney, III, CoCh., Sioux Falls Rebecca A. Porter, Co-Ch., Rapid City Kirsten K. Aasen, Rapid City Thomas W. Clayton, Sioux Falls Mary Dell Cody, Yankton John “Jack” Delaney, Rapid City Frank J. Driscoll, Rapid City Henry K. Evans, Sioux Falls Gregg S. Greenfield, Sioux Falls Sarah E. Baron Houy, Rapid City James L. Jeffries, Rapid City Renae S. Kruse, Sioux Falls Robert L. Lewis, Rapid City James Margadant, Rapid City Mark F. Marshall, Rapid City Boyd L. McMurchie, Sioux Falls Steve Miller, Nehalem, OR Local Bar Presidents Clay-Union Bar – Katie Johnson First Circuit Bar - John P. Blackburn Yankton County Bar – Erich K. Johnke Second Circuit Bar – Kasey Olivier Beadle County Bar – David Wheeler Brookings County Bar – Abigail Howard Tri-County Bar County Bar – Abby Oftedal Codington County Bar – James C. Roby Glacial Lakes Bar - Dana J.

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Frohling Brown County Bar – Mike Traxinger Sixth Circuit Bar – Jeremy Lund Rosebud Bar – Amy R. Bartling Pennington County Bar – David Barari Black Hills Criminal Defense Bar – Alecia E. Fuller Butte County Bar - Bob L. Morris Fourth Circuit Bar - Keith R. Smit Fall River County Bar - Jane M. Farrell Rocky Mountain Mineral Law Director Dwight A. Gubbrud, Trustee, Belle Fourche SD Association of Criminal Defense Lawyers Ryan Kolbeck, President, Sioux Falls Brad A. Schreiber, VicePresident, Pierre Traci Smith, Secretary, Sioux Falls Joseph M. Kosel, Treasurer, Lead Cheri Scharffenberg, Legislative Affiliate, Sioux Falls D. Sonny Walter, East River Rep., Sioux Falls Alecia Fuller, West River Rep., Rapid City Timothy J. Langley, Federal Rep., Sioux Falls South Dakota Bar Foundation Thomas J. Nicholson, Sioux Falls, President

Terry L. Hofer, Rapid City, President Elect Thomas C. Barnett, Jr., Pierre, Sec.-Treas.

Thomas H. Frieberg, Beresford Bernie Christenson, Pierre Eric C. Schulte, Sioux Falls Stephanie E. Pochop, Gregory South Dakota Code Commission Michael B. DeMersseman, Ch., Rapid City Margaret V. Gillespie, ViceCh., Alcester Brian G. Gosch, Rapid City Sen. Arthur Rusch, Vermillion Thomas E. Lee, Pierre Douglas D. Decker, Code Counsel, Pierre SD Court Reporters Association Teresa Fink, President, Rapid City Tammy Stolle, PresidentElect, Aberdeen Sandra Semerad, Secretary, Deadwood Maxine Risty, Treasurer, Brandon Pat Beck, Past President, Sioux Falls SD Defense Lawyers Association

Eric D. DeNure, President, Sioux Falls Paul Tschetter, PresidentElect, Sioux Falls Terry Westergaard, Vice President, Rapid City Meghann M. Joyce, Secretary, Sioux Falls

Douglas Abraham, Treasurer, Pierre Margo D. Northrup, Past President, Pierre Jennifer L. Van Anne, DRI Representative, Sioux Falls S.D. Defense Lawyers Directors: William C. Garry, Sioux Falls Zach Peterson, Aberdeen Daniel Duffy, Rapid City Rebecca Mann, Rapid City SD Municipal Attorneys Association Mark Kroontje, President, Herreid Gary Blue, 1st Vice Pres., Wessington Springs Jeff Banks, 2nd Vice Pres., Huron Ross DenHerder, Director, Yankton Eric Davis, Director, Spearfish S.D. Paralegal Association Jessica Huyck, President Jennifer Frederick, 1st Vice President Vicki Blake, 2nd Vice President Kristi Wood, Secretary Bonnie Woolam, Treasurer Melissa Wipf, NALA Liaison S.D. State’s Attorneys Association Eric Bogue, President, Faith John Fitzgerald, VicePresident, Deadwood Paul E. Bachand, Exec. Dir. /Traffic Safety Resource Prosecutor, Pierre Edward S. Hruska III, Asst.

Dir./Prosecutor Coordinator Jerry Miller, Ch. Of the Board, Elk Pointe

Alexis Tracy, 1st Circuit Rhett Bye, 2nd Circuit Patrick McCann, 3rd Circuit Shane Penfield, 4th Circuit Christopher White, 5th Circuit Alvin Pahlke, 6th Circuit Lara Roetzel, 7th Circuit Abigail Howard, At Large Danny Smeins, At Large Cheryl Bogue, At Large S.D. Trial Lawyers Association Ryan Kolbeck, President, Sioux Falls T.J. Von Wald, PresidentElect, Sioux Falls Alecia Fuller, SecretaryTreasurer, Rapid City Margo T. Julius, Immediate Past President, Rapid City Sara Hartford, Executive Director, Pierre State Bar, ABA Delegates Elizabeth Overmoe, Young Lawyers, Sioux Falls Sarah Sharp Theophilus, State Bar, Sioux Falls Richard L. Travis, ABA, Sioux Falls Student Bar Association Morgan Nelson, President, Vermillion Trial Academy Thomas J. Welk, Ch., Sioux Falls David Gienapp, Madison Dick Casey, Sioux Falls Lonnie Braun, Rapid City Melanie Carpenter, Sioux Falls Gary Jensen, Rapid City, Stephanie Pochop, Gregory Jim Roby, Watertown Clint Sargent, Sioux Falls

Devra Hermosilla, Vermillion Uniform Laws Commissioners Michael B. DeMersseman, Legislative Liaison, Rapid City Tom E. Geu, Vermillion David E. Lust, Rapid City Marc S. Feinstein, Sioux Falls Brian G. Gosch, Rapid City Richard O. Gregerson, Life Member, Sioux Falls Gene N. LeBrun, Life Member, Rapid City USD Law School Advisory Council Roy A. Wise, President, Aberdeen Reed A. Rasmussen, VicePresident, Aberdeen Karen P. Hunt, Secretary, Spearfish Dennis L. Duncan, 1st Circuit, Parker Lisa Z. Rothschadl, 1st Circuit, Tyndall William C. Garry, 2nd Circuit, Sioux Falls Mary A. Akkerman, 2nd Circuit, Sioux Falls Richard L. Ericsson, 3rd Circuit, Madison Chad C. Nelson, 3rd Circuit, Milbank Heather Lammers Bogard, 4th Circuit, Rapid City Robert C. Riter, Jr., 6th Circuit, Fort Pierre William M. Van Camp, Jr., 6th Circuit, Pierre Ashley Parr, 7th Circuit, Rapid City Brian Hagg, 7th Circuit, Rapid City Kent R. Cutler, At Large, Sioux Falls

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Women in Law Ashlee Wendt, President, Vermillion Robert E. Hayes, At Large, Sioux Falls Marilyn J. Hagberg, At Large, Sioux City, IA Ex Officio: Hon. David Gilbertson, Pierre Thomas H. Frieberg, Sioux Falls Terry L. Hofer, Rapid City Thomas C. Barnett, Jr., Pierre Thomas Geu, Dean/Law School, Vermillion Marshall Lovrien, Law School Comm. Ch., Aberdeen Laura Hofer, USD Foundation, Vermillion Women in Law Paige Peterson, President, Vermillion

Young Lawyers Section Abigail Howard, President, Brookings Tamara Nash, Vice President, Sioux Falls Nathan Chicoine, Secretary/Treasurer, Rapid City Justin Johnson, 1st Circuit, Mitchell Jason Krause, 2nd Circuit, Sioux Falls Brittany McKnight, 3rd Circuit, Brookings Eric Davis, 4th Circuit, Spearfish Ole Olesen, 5th Circuit, Aberdeen Carrie Srstka, 6th Circuit, Pierre Kassie Shiffermiller, 7th Circuit, Rapid City Nicole Tupman, At Large, Sioux Falls Morgan Nelson, Law Student, Vermillion

Abigail Howard, President, Brookings Tamara Nash, Vice President, Sioux Falls Nathan Chicoine, Secretary/Treasurer, Rapid City Justin Johnson, 1st Circuit, Mitchell Jason Krause, 2nd Circuit, Sioux Falls Brittany McKnight, 3rd Circuit, Brookings A group of Sioux Falls and Rapid City Eric Davis, 4th Circuit, area attorneys are holding informal Spearfish of lawyers who have Olepeer-led Olesen, 5thmeetings Circuit, Aberdeen faced or are dealing with depression, Carrie Srstka, 6th Circuit, anxiety and/or similar issues.

Pierre Attendance is limited to lawyers.

Kassie 7th The Shiffermiller, groups generally meet twice a month Circuit, Rapid City and have confidentiality policies.

Nicole Tupman, At Large, For more information or to receive Sioux Falls blind copies of Morgan Nelson, Law groupVermillion announcements, send an email to Student,

cariboucoffeeclub@gmail.com

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**The Caribou Coffee Club is not affiliated with The State Bar of South Dakota, the Second Circuit Bar Association, or the Pennington County Bar Association.

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You are not Alone To: All Members of The State Bar of South Dakota From: Tom Barnett We all have problems. And, most often, we manage to solve them ourselves, but sometimes we can’t handle them alone. Recognizing that attorneys can develop personal problems that may jeopardize their health, family structure or employment, the State Bar of South Dakota provides members with the Sand Creek Member Assistance Program.

Sand Creek is a confidential telephonic counseling service that can help members solve personal and work related problems before they grow into serious and costly crises.

Employee Assistance Services (EAP) are provided by a staff of professional counselors, clinical psychologists, and social workers skilled at helping you identify and hand handle problems such as marital and family issues, chemical dependency, mental and emotional disorders and educational or career problems.

Free confidential telephonic services provided to you

by Sand Creek include: problem assessment, action planning, and follow up along with 24-hour crisis telephone services. To access these services - see the box to your right.

The Sand Creek website, www.sandcreekeap.com, is a useful resource designed to help make your life easier. On the website you will find: Child care and elder care referrals; hundreds of articles on important mental and emotional health issues; work-related resources to help manage stress, cope with job changes or deal with a difficult boss; wellness resources including a comprehensive exercise, nutrition and healthy living portal that has hundreds of articles, recipes and tips for healthy living.

Confidentiality is the bedrock of a Member Assistance Program. All discussions and services are kept strictly confidential. The State Bar of South Dakota will not know that you are using the services.

We encourage you to use this valuable benefit.

Sand Creek is a HIPPA compliant service.

Go to www.sandcreekeap.com Click the Work Life Wellness Login Link Our Company ID is sdsb1 Or call 800-632-7643 Monday-Friday, 7:30am-5pm CT Immediate, Confidential Support 24 hours a day/7 days a week: 888-243-5744 All discussions and services are kept strictly confidential.

The State Bar of South Dakota will not know you are using the service. These services are FREE. You are encouraged to use this valuable benefit.

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EXECUTIVE DIRECTOR—STATE BAR OF SOUTH DAKOTA START DATE BETWEEN JUNE 1 AND JULY 16, 2018.

By statutory dictate, the State Bar aims to obtain the cooperation of all the practicing lawyers in the State in the better administration of justice and in maintaining a high standard of professional conduct in the State Bar. The State Bar also seeks to uphold the honor of the profession of the law, to encourage adequate preparation for its practice, and to promote cordial intercourse among the members of the State Bar. The State Bar is the legal entity through which the considered judgment of its members on matters affecting the judicial system of the State may be ascertained and made available to the courts and the Legislature. All lawyers licensed to practice in South Dakota including private practitioners, judges, government and legal services attorneys and corporate counsel, comprise the State Bar.

DETAILS The Executive Director serves as Secretary/Treasurer of the State Bar and serves at the direction of the President, President-Elect, and 13-member Bar Commission. The State Bar has 3 other staff members with its office located in Pierre, South Dakota. The Executive Director leads, manages, and executes the affairs of the organization consistent with Bar Commission policies and the organization’s Strategic Plan. The Executive Director serves as the chief administrator for South Dakota CLE, Inc. and the South Dakota Bar Foundation and as the chief lobbyist for the State Bar before the South Dakota Legislature.

This is a salaried (exempt) position located in Pierre, South Dakota, with full benefit package, including health, dental, and retirement as a member of the South Dakota Retirement System.

Salary will DOE. The State Bar is an equal opportunity employer.

QUALIFICATIONS  

    

Juris Doctorate from an ABA-accredited law school and a member in good standing in all jurisdictions in which a license is held.

Strong interpersonal communication skills, including the ability to foster and maintain relationships with a diverse group of bar members, volunteers, court personnel, and legislative branch and executive branch personnel.

Ability to develop and manage budgets and provide Bar Commissioners with in-depth information on the finances of the State Bar and its affiliated entities.

Knowledge of volunteer boards and committees and how they operate.

Excellent written and verbal communication skills.

Excellent organizational skills and the ability to manage a large volume of diverse priorities and conflicting goals.

Lobbying experience or familiarity with the governmental and/or legislative processes.

TO APPLY A link to the application and requirements can be found at www.statebarofsouthdakota.com. The application deadline is October 13, 2017.

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Employment Opportunities ANTICIPATED SALARY RANGE: $4,000 - $4,210 Monthly The Union County State’s Attorney’s Office has an immediate opening for a Deputy State’s Attorney. This is a full-time salaried position with benefits. Employment will start as soon as practical. Applications will be accepted until the right candidate is found and the position is filled. The successful applicant will perform professional legal work on behalf of Union County and county departments in civil and criminal court and in administrative proceedings. The Duties of this position require the applicant to answer to the State’s Attorney and work well with the current employees in the department. Additionally, the successful applicant will be able to professionally work with law enforcement, community members, and victims, in the preparation of criminal cases. The successful applicant will conduct legal research and prepare documents as necessary for motions and pleadings to defend, and litigate criminal and civil cases. The successful applicant must be detail oriented and willing to assist where needed. Qualification for employment is a Juris Doctorate degree and admitted to practice law in the State of South Dakota. No experience is required. Interested individuals are encouraged to apply by submitting a cover letter, resume, three professional references, and a five-page or less legal writing sample to Union County State’s Attorney’s Office, 209 East Main St. ~ Suite 140, Elk Point, SD 57025, or by submitting a complete application via e-mail to Jerry.Miller@unioncountysd.org with the subject line: APPLICATION Review of Applications will begin on October 20, 2017.

Union County is an Equal Opportunity Employer.

Cutler Law Firm, LLP, based in Sioux Falls, South Dakota has an immediate opening for the following position: ESTATE PLANNING ATTORNEY Experienced Estate Planning Attorney with at least 3 years of experience. Compensation will be commensurate with experience.

Confidential inquiries, including resume’ and cover letter detailing experience should be directed to Jean Brockmueller, Cutler Law Firm, LLP, PO Box 1400, Sioux Falls, SD 57101-1400 or to JeanB@cutlerlawfirm.com.

For more information about Cutler Law Firm, please visit www.cutlerlawfirm.com.

The South Dakota Division of Insurance within the Department of Labor and Regulation is inviting applicants for a Staff Attorney position located at the Division’s office in Pierre, SD. This position provides legal support directly to the Division of Insurance. Duties include providing legal opinions and advice to department staff, drafting legislation and administrative rules, ensuring the department is compliant with federal and state statutes and administrative rules, participating in administrative and court hearings, providing assistance in drafting contracts, and other duties as assigned.

Agency: Department of Labor and Regulation, Division of Insurance Salary: $61,387 - $70,490, depending on experience Requisition #: 8648 Graduation from an accredited school of law and membership in the South Dakota State Bar is required. Applicants who are willing and qualified to become members will be considered. Travel may be required. This position is salaried and exempt from the Career Service Act. Please submit a resume and writing sample when filling out the electronic application at http://bhr.sd.gov/workforus. Please view the position posting at http://bhr.sd.gov/ workforus or contact any South Dakota Department of Labor and Regulation Local Office.

Email your Employment Announcment to tracie.bradford@sdbar.net

by October 26th to have it included in the November newsletter!

Don’t forget to include a closing date!

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Employment Opportunities OFFICE OF ATTORNEY GENERAL APPELLATE POSITION DETAILS: The Office of Attorney General seeks an attorney for an appellate position in the Pierre office. An appellate attorney is responsible for representing the state in criminal and civil appeals and for providing legal advice to many state agencies, boards and commissions. Assistant Attorneys General are required to maintain high moral character; have strong legal advocacy skills; have effective research and writing capabilities; and be able to communicate with clients and the courts.

OFFICE LOCATION: This position will be stationed in Pierre.

STARTING SALARY: Entry level salary is $ $63,259.09 annually or greater, depending upon experience and funding availability. The State of South Dakota has an excellent benefit package including retirement, employee insurance coverage and paid leave.

QUALIFICATIONS: Applicants must have a JD degree and be licensed to practice law in South Dakota; must be a motivated self-starter and be prepared to assume immediate appellate responsibilities.

APPLICATION PROCESS AND DEADLINE DATE: Interested persons should send a resume containing three references, a writing sample and a letter describing their qualifications by November 1, 2017, to the following: MARTY JACKLEY, OFFICE OF ATTORNEY GENERAL, 1302 E. HIGHWAY 14, SUITE 1, PIERRE, SOUTH DAKOTA 57501.

Remote Tax Researcher – Seasonal JOB SUMMARY*This is a remote, work from home opportunity for candidates outside of the Kansas City Metro area.* This seasonal role researches, analyzes, evaluates, and answers individual income tax questions from Tax Professionals and tax client via online and phone communication tools.

ESSENTIAL DUTIES AND RESPONSIBILITIES Evaluates individual, corporate, partnership, international, estate, and trust, tax questions to ascertain the exact nature of the issue, researches applicable tax law and regulations, makes recommendations providing the correct tax treatment for the client. Researches moderately complex tax situations and determines solutions utilizing available research materials. Performs other duties as assigned.

QUALIFICATIONS Undergraduate degree in business related field or commensurate tax experience. Graduate degree in accounting, tax, or law, or progress towards completion of such degree, is desirable.A Circular 230 designation (attorney, CPA, or EA) is also highly desirable. A minimum of one year tax research, tax preparation or related experience.

Knowledge of tax law sufficient to understand and explain most elements of personal taxation as they apply to H&R Block’s client demographics. Knowledge of tax research principles, procedures, and techniques to effectively interpret, analyze and correctly formulate solutions for moderately complex tax situations.

Demonstrated ability to understand and explain most elements of individual income taxation through strong verbal and written communication skills. Ability to perform assignments in a thorough and accurate manner.

Ability to treat confidential information with professionalism and discretion. Ability to work effectively in a diverse work group.

HOW TO APPLY Apply at careers.hrblock.com. Search for Remote Tax Researcher-Seasonal 271421BR Rensch Law, Rapid City, SD, has an opening for an associate attorney with 0-3 years of experience. Must have South Dakota law license. Competitive wage, health insurance, and retirement benefits. Confidential inquiries, including resume and cover letter detailing education and experience may be sent to Kathleen Crawford, Office Manager, Rensch Law Office, A Professional Law Corporation, P.O. Box 8311, Rapid City, SD 57709 or to kathy. crawford@renschlaw.com. For more information about Rensch Law please visit www.renschlaw.com.

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Employment Opportunities POSITION: Civil Litigation Attorney in Sioux Falls, SD START DATE: Can start immediately PAY: Will pay market rates, commensurate with experience DESCRIPTION: Seeking South Dakota licensed attorney to immediately handle and assist with civil litigation matter venued in Sioux Falls, South Dakota. Attorney must be licensed to practice law in South Dakota and experienced in civil litigation. Must be experienced in handling various civil litigation matters from legal research to discovery (propounding and responding), depositions, document review, pleadings, law and motion, pretrial and trial motions, court appearances from status conferences to motions, argument, and possibly trial.

REQUIREMENTS: Licensed South Dakota Attorney At least 3 years experience as a civil litigator Microsoft Word Internet Access Ability to work remotely Access to Lexis-Nexis/Westlaw not required but a plus HOW TO APPLY: Please submit resume and cover letter via email to: LQSESQ@yahoo.com. Applications accepted now. Will leave ad posted until position filled.

OFFICE OF ATTORNEY GENERAL CIVIL LITIGATION POSITION DETAILS: The Office of Attorney General seeks an attorney for a position with the Civil Litigation Division.

The Civil Litigation Division is responsible for representing the State including many administrative licensing and regulatory cases. Division attorneys practice in both state and federal courts and are involved in constitutional, natural resource, and environmental litigation. The Civil Division also provides legal advice to state officials, agencies, boards and commissions.

OFFICE LOCATION: This position will be stationed in Pierre.

STARTING SALARY: Entry level salary is $63,259.09 annually or greater, depending upon experience and funding availability. The State of South Dakota has an excellent benefit package including retirement, employee insurance coverage and paid leave.

QUALIFICATIONS: Applicants must have a JD degree and be licensed to practice law in South Dakota. The person eligible for this position must be a motivated self-starter, have strong research and writing capabilities, be able to communicate well to clients and the courts, and have strong legal advocacy skills. Prior litigation experience is preferred but not required.

APPLICATION PROCESS AND DEADLINE DATE: Interested persons should send a resume containing three references, a writing sample and a letter describing their qualifications by December 1, 2017, to the following: MARTY JACKLEY, OFFICE OF ATTORNEY GENERAL, 1302 E. HIGHWAY 14, SUITE 1, PIERRE, SOUTH DAKOTA 57501.

Lynn, Jackson, Shultz & Lebrun, P.C. is seeking to hire a litigation attorney with 4+ years of litigation experience to work in our Rapid City office. An ideal candidate will have strong written and oral communication skills and courtroom experience. Confidential inquiries, including resume, cover letter and academic transcript, should be sent to Jeffery Collins, Lynn, Jackson, Shultz & Lebrun, P.C., 909 St. Joseph Street, Suite 800, Rapid City, SD 57701or jcollins@lynnjackson.com.

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Judicial Qualifications Commission State of South Dakota 500 East Capitol Avenue Pierre, SD 57501 Telephone: (605) 773-3474 Fax: (605) 773-8437 Email: lori.grode@ujs.state.sd.us

Mark S. Roby, Vice Chair Hon. Robin J. Houwman Mark Haigh Lori Grode, Executive Assistant

Kimberley A. Mortenson, Chair Hon. Bruce V. Anderson, Secretary Jim D. Seward Rebecca A. Porter

______________________________

Notice of Judicial Vacancy TO:

All Active Members of the State Bar of South Dakota

FROM:

Bruce V. Anderson, Secretary, Judicial Qualifications Commission

The new appointment of Steven R. Jensen as a Supreme Court Justice will create a vacancy for a Circuit Court Judge position in the First Judicial Circuit. The Judicial Qualifications Commission is now taking applications for this position. The duty station for the position will be Elk Point or Yankton, South Dakota. The duty station may be subject to change by the successor Presiding Judge of the First Judicial Circuit.

All lawyers and judges interested in applying should obtain the application form at http://ujs.sd.gov/, or contact Lori Grode at the State Court Administrator’s Office. The application must be returned to the Administrator’s Office and must be postmarked no later than 5:00 PM on November 10th, 2017.

You may also obtain the application form by writing or telephoning: Lori Grode State Court Administrator’s Office 500 East Capitol Avenue Pierre, SD 57501 Telephone: 605-773-3474 Email: lori.grode@ujs.state.sd.us Or, visit http://ujs.sd.gov/ for current job openings.

The Fourth Circuit is comprised of the following counties: Aurora, Bon Homme, Brule, Charles Mix, Clay, Davison, Douglas, Hanson, Hutchinson, McCook, Turner, Union, and Yankton.

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United States District Court District of South Dakota

NOTICE OF VACANCY OF U.S. MAGISTRATE JUDGE Applications accepted until November 3, 2017 The Judicial Conference of the United Sates has authorized the appointment of a full-time United States Magistrate Judge for the United States District Court for the District of South Dakota. The new full-time Magistrate Judge will serve in the courthouse in Rapid City, South Dakota.

A Merit Selection Panel comprised of attorneys and members of the community will review applications in confidence and recommend to the District Judges of the U.S. District Court the persons it considers best qualified to fill the position. The Court will interview the finalists and make the appointment, following an FBI full-field investigation and an IRS tax check of the applicant selected by the Court. An affirmative effort will be made to give due consideration of all qualified candidates including women and members of minority groups. The current salary is $188,692 per year and the position will be located in Rapid City. The term of office is eight years; incumbents may be appointed to successive terms.

Applications are invited from individuals who meet the following qualifications:  A current member and member in good standing for at least five years in the bar of the highest court of a state;  Engaged in the active practice of law for at least five years;  Competent to perform all the duties specified in 28 U.S.C. § 636;  Less than 70 years old; and  Not related to a judge of the U.S. District Court The duties of the Magistrate Judge are enumerated in 28 U.S.C. § 636 and Local Rule 72.1. The duties include presiding over initial proceedings in criminal cases, trial of misdemeanor cases, including petty offenses; pretrial matters and other proceedings in civil and criminal cases; conducting civil settlement conferences, including mediation; and disposition of civil cases with consent of the parties.

All applications will be kept confidential, unless the applicant consents to disclosure. All applications will be examined by members of the Merit Selection Panel. Interviews of finalists for the position will be conducted by the judges of the District Court. All deliberations will remain confidential.

The official application is available on the Court’s website at www.sdd.uscourts.gov. To apply, complete the official application and provide a .pdf copy by email to the Human Resources Administrator of the United States District Court at Mesa_Scott@sdd.uscourts.gov. The .pdf copy of the application should be named “your last name, your first name.pdf.” Any attachment should be created separately and should be named “your last name, your first name attachment 1 of 1.”

Additional attachments should follow the same naming convention but indicating that the attachment is 2 of 3, etc. Upon receipt, the Human Resources Administrator will, by return email, acknowledge receipt, indicating that the original application has been received and also indicating which attachments have been received. If you do not receive email confirmation, please contact the Human Resources Administrator to verify your application and attachments have been received. Any questions should be directed to the Human Resources Administrator by email at Mesa_Scott@sdd.uscourts.gov. Applications and attachments must be received no later than 5:00 p.m. MT on Friday, November 3, 2017.

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State Bar of South Dakota 222 E. Capitol Avenue, Ste. 3 Pierre, SD 57501

PRESORTED STANDARD US POSTAGE paid PERMIT NO. 121 PIERRE SD 57501

Address Service Requested

YOU’RE Invited Statewide Swearing-In Ceremony

The State Bar of South Dakota Young Lawyers Section requests the honor of your presence at the Statewide Swearing-In Ceremony for new South Dakota attorneys

Capitol Rotunda 3:00 PM October 2017 Bar Commission Meeting............. .....October 27 ...............................View 34, Pierre Pierre, South Dakota Friday, October 27

CLE- Nuts & Bolts.......................... .....October 27................................Drifters, Ft. Pierre Swearing In Ceremony................. .....October 27................................State Capitol Rotunda, Pierre CLE- December Tax Update......... .....December 8..............................Ramkota Hotel, Sioux Falls Please RSVP

by October 13th to Bar Commission Meeting............. .....January 5..................................Red Rossa, Pierre eric.davis@cityofspearfish.com or (605) 717-1141 Disciplinary Board..............................January 4-5...............................Red Rossa, Pierre 2018 Jackrabbit Bar Conference........May 31 - June 2, 2017..............Medora, ND CLE- Topic TBD...................................April 13.....................................Ramkota Hotel, Sioux Falls

Reception to Follow

YOU’RE Invited Statewide Swearing-In Ceremony The State Bar of South Dakota Young Lawyers Section requests the honor of your presence at the Statewide Swearing-In Ceremony for new South Dakota attorneys

3:00 PM Friday, October 27 RSVP

Please

by October 13th to eric.davis@cityofspearfish.com or (605) 717-1141

Capitol Rotunda Pierre, South Dakota

Reception to Follow

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