September 2025

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STATE BAR MEMBERS

You are invited to provide ideas or concerns to State Bar Officers & Commissioners

President: John Richter, John.Richter@state.sd.us

President Elect: Mark Haigh, mhaigh@ehalawyers.com

Commissioners: 1 Cir- Justin Johnson, jjohnson@cityofmitchell.org st

2 Cir- Emily Maurice, emilym@halbachlawfirm.com nd

3 Cir- Anthony Teesdale, tony@teesdalelaw.com rd

4 Cir- Kimberly Kinney, kim@kinney-law.com th

5 Cir- Gerald McCabe, jerry.mccabe@state.sd.us th

6 Cir- Ellie Bailey, e.bailey@riterlaw.com th

7 Cir- Matthew Naasz, mnaasz@gpna.com th

At Large: 1 Cir- Teramie Hill, teramie.hill@usd.edu st

2 Cir- Amber Mulder, amber.mulder@siouxfalls.gov nd

4 Cir- Sarah Covington, sarah.covington@westriverlawandmediation.com th

5 Cir- Stacy Johnson, sjohnson@rwwsh.com th

6 Cir- Kristen Edwards, kristen.edwards@state.sd.us th

7 Cir- Steven Blair, steven.blair@state.sd.us th

Opportunity Presents Itself When We’re Ready

From John Richter, President of the State Bar of South Dakota

Dear Members of the State Bar,

In legal practice, we often find ourselves moving down uncharted pathways. In those situations, we try to do our best and stay true to our values while serving those around us. Then, when we are ready, opportunity presents itself, and things start to come together. I’ve experienced this phenomenon multiple times in my legal career and again last week.

Last week, in preparation for the CLE Committee meeting, I was asked, “What would you like your theme to be for the Bar Convention?” As someone who is not a theme person, or, if needed, tends to lean toward more understated themes, I found myself drawn to a simple word: Connection.

This year, I’d like to center our efforts around that word. Connection between the Bar Commission, Bar Staff, Sections, Committee, and members. Connection with the USD Knudson School of Law, where our future colleagues prepare to join us. And Connection between the Bench and Bar, reinforcing our shared mission towards justice.

Having visited with all the groups above, I believe that this theme resonates deeply across our legal community.

President s' CORNER

John T. Richter

Supporting the CLE Committee’s Efforts

The CLE Committee is, in many ways, the face of the Bar Convention. Their work shapes the experience for hundreds of members each year, and it’s often their planning and execution that determine whether the convention is viewed as a success. I want to thank the committee for the opportunity to sit in on a recent meeting—it was incredibly helpful to see their efforts firsthand.

The committee discussed feedback from last year’s Bar Convention. Per that feedback, members are seeking (1) deeper substance, (2) high-quality speakers, (3) South Dakota-specific discussion, and (4) improved access to materials. We’re already taking steps to address these priorities. One of the most exciting developments is the Bar Convention app, launched last year as a member-driven solution. Developed with the help of volunteers who saw the need for a more accessible and streamlined experience, the app is being enhanced to provide a complete schedule, link materials directly to sessions, include speaker bios, allow for real-time program feedback, and deliver timely announcements throughout the event. If you’re interested in helping us continue to build out this resource, we welcome additional volunteers to join the effort.

We’re also committed to delivering high-quality, meaningful content and need your ideas to help shape it. Whether it’s a standout speaker, a timely topic, or a creative format, your input can make a real impact. Please don’t hesitate to contact me, the Commission,

Bar staff, or Tamara Nash with your suggestions. Every idea will be considered, and no contribution is too bold.

This year’s convention also coincides with the 125th anniversary of the USD Knudson School of Law. This milestone offers an opportunity to celebrate our shared legacy and deepen our connection with the next generation of lawyers. Any ideas for programming or activities that highlight this occasion would also be much appreciated!

[Submit Your Ideas Here]

Strengthening the Relationship with the USD Knudson School of Law

On August 6th, I had the privilege of speaking to the incoming 1L class at USD Knudson. Their optimism and energy were inspiring. It reminded me of a few years ago when the Administrative Law Committee hosted its first “Opportunities in Administrative Law” presentation. Law students contributed to the event, and their professionalism left a lasting impression.

That experience sparked a question I posed to Dean Fulton: What if every committee had a law student liaison? The idea was simple, create vertical connections between students and professionals. While students naturally find support among their peers, those who thrive often do so because they’ve built relationships with mentors and practitioners. These vertical connections are foundational to long-term success.

That observation was later reinforced through my involvement with the Public Service Pathways project. One of the most striking takeaways from that work was the data: once students gain admission to the USD Knudson School of Law, nearly all become practicing attorneys. It’s not a question of if, but when. That insight validated what I had observed before—law students are not just aspiring professionals but future colleagues already on their way.

This realization has shaped our approach this year. We’ve taken deliberate steps to integrate law students more fully into the life of the Bar. They can now sign up for student membership, receive the newsletter, join committees, and begin building their professional networks earlier than ever before. These connections, formed now, will serve them and our profession well for years.

Welcoming the Next Generation of Laws into the Profession

On September 26th, the Young Lawyers Section will host its annual Swearing-In Ceremony at the State Capitol in Pierre, South Dakota. This is a milestone and a once-in-a-career moment. I strongly encourage you to:

1. Encourage your new attorneys to attend. Even if they’ve already been sworn in, this ceremony is about more than the oath—it’s about belonging. Don’t put them in the position of having to ask; extend the invitation yourself. It’s a meaningful gesture that reinforces their place in our professional community and connects them to a tradition larger than themselves.

2. Attend yourself to show support. Your presence at the Swearing-In Ceremony sends a powerful message—that our profession is not just about rules and responsibilities, but about relationships. For new attorneys, seeing experienced members of the Bar and Judiciary in attendance affirms that they are entering a community that values them, welcomes them, and is invested in their success. It’s a small gesture that carries lasting meaning. By showing up, we demonstrate that connection isn’t just a theme—it’s a practice.

As a bar, we should celebrate the next generation of lawyers and welcome them into our profession. That, more than anything, reflects the spirit of connection.

Once again, thank you, and I’m excited about what we are building together this year!

John Richter President, State Bar of South Dakota

P.S. Please mark October 22nd, 2025, on your calendars. The Bar Commission will host a mixer at the Military Heritage Alliance in Sioux Falls that evening. Chief Justice Jensen will be our guest of honor and will share some inspirational words.

As I’m writing this month’s article, it certainly feels like fall is here. Of course, as a South Dakotan, I know that for the next month we’ll toggle back and forth from crisp fall feels and bursts of summery heat. Nevertheless, I can’t help but feel excited for the change of seasons. We are fortunate to live in a climate where we experience all four seasons and can appreciate the transitions.

The change of seasons brings an external reminder to reflect as the passing season fades, and we look ahead to the next. It offers us an opportunity to pause, reflect, and recommit to our goals as young lawyers.

In the legal profession, we are often so focused on meeting deadlines, preparing for hearings or meetings, and serving clients, that it is easy to go on for some time without taking a moment to step back, appreciate how far we’ve come, and evaluate where we are headed. Just as the seasons remind us of cycles of change, I encourage you to pause and reflect. Carve out a few moments of stillness for yourself. Reflect on what has worked well this year and identify one or two intentional steps you can take to finish the year strong.

Our development as lawyers is not a destination but an ongoing process. As young lawyers, we are building not only our careers, but also the habits, values, and communities that will sustain us in the years ahead. Taking time now to reflect and reset ensures that we are better equipped to serve our clients and our profession. The Young Lawyers Section is here to support you, connect you, and grow with you. As we move into this

season together, the Section has several opportunities to build your knowledge, strengthen your skills, and connect with both peers and mentors. Below is a list of upcoming events either sponsored by YLS or highlighted as great opportunities for young lawyers.

Please see the Bar website and fliers throughout the newsletter for more information on each event and registration links.

September 5:

CLE - Bankruptcy Law in Practice — Tools for Every Practitioner. 9 a.m. – 5 p.m. See newsletter flier or bar website for more information and registration.

2nd Circuit Mixer - Following the Bankruptcy CLE, YLS is sponsoring a mixer starting at 5 p.m. at Remedy Brewing in Sioux Falls. No registration required. Open to all bar members.

September 11-12:

CLE - South Dakota Trial Lawyers Association Fall Seminar. September 11 at 1:00 p.m. – 4:00 p.m. and September 12 at 9:00 a.m. – Noon.

September 26:

Statewide Swearing-In Ceremony – At the Capitol in Pierre at 3 p.m. Admittees are encouraged to invite family and friends. A professional photographer will be on-site to capture pictures of new admittees with Chief Justice Jensen. If you’re sworn in before the ceremony, you’re still welcome—and encouraged—to attend and

participate in this special event. See newsletter flier or bar website for registration.

Nuts and Bolts CLE: 8 a.m. – 1:35 p.m. See newsletter flier or bar website for more information and registration.

Statewide Swearing-In Ceromony/Reception and 6th Circuit Mixer: Reception following the Statewide Swearing-In Ceremony at Drifters in Fort Pierre. No registration required. Open to all bar members.

October 4:

USD Law Dakota Day Celebration: Prior to the USD homecoming football game, Meierhenry Sargent LLP will host their annual tailgate open to all law students and the SD legal community. Tailgate starts at 10 a.m. outside the DakotaDome in Vermillion.

October 7:

1st Circuit Mixer: Reception at Valient Vineyards in Vermillion following the SD Supreme Court oral arguments in recognition of Justice Kern’s last visit to the Law School as a sitting member of the SD Supreme Court. Hosted by YLS, Project Rural Practice, and SD Defense Lawyers. No registration required. Open to all bar members.

October 22:

Alliance, prior to the October 23rd Bar Commissioners Meeting. Please pre-register by 5:00 pm on October 14 to ensure sufficient food and space for all attendees.

Interview with 1st Circuit Representative Natasha Allen:

1. Where did you grow up? Yankton, SD

2. Where did you attend undergrad and law school? University of South Dakota Class of 2020; double majored in Criminal Justice and Anthropology. USD Knudson School of Law Class of 2024.

3. What do you do for work? I am an attorney at Marlow, Woodward & Huff, PLLC. I practice mainly personal injury litigation with small transactional projects sprinkled in.

4. What is your favorite local restaurant or café? The Mint in Yankton, SD has phenomenal buddha bowls, acai bowls, and beef tallow French fries. When I have the chance to eat out for lunch, that is my go-to.

Mixer with the Bar Commissioners: In Sioux Falls from 5:30 pm to 7:30 pm at the Military Heritage

Meet your Board Members

Natasha Allen 1st

Circuit Representative

5. Tell us about your family: I have a 6-month-old son, Memphis, who is truly the light of my life. He is quite the talker and loves to give everyone bashful smiles. I am fortunate enough to raise him surrounded by his little village including my parents, husband- Vick, and our beloved black lab-Kashi.

6. What is your dream vacation? I have two that are on opposite sides of the spectrum, Ireland and the Maldives. I dream of wearing cable-knit sweaters on the Cliffs of Moher but also relaxing in a little bungalow on stilts above sparkling cerulean water.

7. What’s your hidden talent or favorite hobbies? I am pretty decent at various art projects from painting to stained glass, and I enjoy kayaking.

8. What is one challenge you didn’t expect starting out as a lawyer? Throughout undergrad and law school, peers and professors always complemented me on my writing style, but I went into practice under a Partner who had a completely different style. The numerous rounds of stylistic edits have been an unexpected, but welcome, challenge for me to become fluid in my style.

9. Tell us about an influential mentor in your life: Professor Roche at USD has been one of the primary mentors of my life, and we continue to remain in contact. He used to lecture on “looking around the lantern” as a way to instill in his students that everyone has different perspectives and life experiences which may affect their viewpoints. This lesson has helped me understand those who are diametrically opposite from me and allowed me to approach conversation and topics that are typically hotly debated, with a sense of respect and empathy.

10. Why do you think YLS is important for young attorneys? There is a new wave of attorneys coming into practice, and with it comes tech savvy skills, new

lingo, and a very laid-back approach in practice. I think many traditional styles of lawyering are in the process of phasing out as this new wave comes in and gone is the idea that lawyers must be cutthroat against opposing counsel. Young lawyers can be worthy adversaries, without adopting these traditional methods. The YLS provides support and guidance for new lawyers who may eventually be opposite those traditional lawyering styles, and in the throes of imposter syndrome. It’s hard to make your way in this practice when this new style feels so out of place but the community that YLS offers is refreshing and reassuring in a way that keeps young attorneys practicing.

ESTATE PLANNING Session Session

Brought you by the Sioux Falls Estate Planning Council

TOPICS TOPICS TOPICS

Presenter:

Anatomy of a Business Valuation Report and Common Errors Therein

The Human Side of Estate Planning/Psychology of Estate Planning

Yours, Mine & Ours: Estate Planning for People in Blended or Step Families

Friday, September 19, 2025

8:30 AM - 12:00 PM

Minnehaha Country Club

3101 W 22nd Street

Sioux Falls, SD 57104 Register Here

Registration closes at 5:00 PM, September 11th.

Breakfast will be served beginning at 8:15AM

STATE BAR OF SOUTH DAKOTA

STATEWIDE SWEARING-IN

CEREMONY

SEPTEMBER 26, 2025 | TIME: 3:00 P.M.

Capitol Rotunda, Pierre SD

Join us for a reception immediately foowing the ceremony at Drifters in Fort Pierre!

Please note: The Nuts & Bolts CLE will also take place on September 26th at Drifters in Fort Pierre.

TIME: 9:00 AM - 2:00 PM

Register Here for the Nuts & Bolts CLE!

Sustaining Life Fe�low - $50,000 plus Fe�lows of the

Fred & Luella Cozad

Diamond Fe�lows - $10,000 plus

Thomas C. Barnett, Jr.

P. Daniel Donohue

Robert E. Hayes

Scott N. Heidepriem

Andrew J. Knutson

David L. Knudson

Robert A. Martin

Kimberley A. Mortenson

Dale E. Froehlick

Platinum Fe�lows - $10,000

Hon. Richard H. Battey

Melissa Nicholson Breit

Chet Groseclose

Hon. John B. Jones

Jerome B. Lammers

Scott C. Moses

Charles L. Riter

William Spiry

Hon. Jack R. Von Wald

Gold Fe�lows - $5,000

Renee H. Christensen

Richard A. Cutler

William F. Day, Jr.

Dana J. Frohling

David J. King

Richard L. Kolker

Kimberley A. Mortenson

Timothy J. Rensch

Michael Sharp

Silver Fe�lows - $1,000 (per year)

Neil Fulton

Hon. Bobbi J. Rank

Timothy J. Rensch

Lori D. Skibbie

Life Fe�low - $25,000 plus

Frank L. Farrar

Gregory A. Yates

John P. Blackburn

Heather Lammers Bogard

Richard D. Casey

Hon. Michael Day

Robert B. Frieberg

Thomas H. Frieberg

Thomas G. Fritz

William C. Garry

David A. Gerdes

Hon. David R. Gienapp

Patrick G. Goetzinger

G. Verne Goodsell

Robert E. Hayes

Terry L. Hofer

Steven K. Huff

Presidential Fe�lows - $10,000

Carleton R. “Tex” Hoy

Hon. Charles B. Kornmann

Lisa Hansen Marso

Bob Morris

Thomas J. Nicholson

Gary J. Pashby

Stephanie E. Pochop

Reed A. Rasmussen

Pamela R. Reiter

Robert C. Riter, Jr.

Eric C. Schulte

Jeffrey T. Sveen

Charles M. Thompson

Richard L. Travis

Thomas J. Welk

Terry G. Westergaard

Fe�lows - $500 (per year)

Hon. John Bastian

Hon. John L. Brown

Mary Jane Cleary

Paul L. Cremer

Andrew L. Fergel

Michael S. Fischer

Tom E. Geu

Craig A. Kennedy

Denise Langley

Hon. Judith K. Meierhenry

Hon. Robert A. Miller

Robert C. Riter, Jr.

Jason R.F. Sutton

Lea Wroblewski

Raising the Bar: Our Profession. Our Responsibility.

Fellows of the South Dakota Bar Foundation

We are a community of excellence, service, and leadership. I say this often. It is the thing that I know about the Law School with the greatest certainty. I think about this daily. I try regularly to revisit why I know and say that. This month’s column is a suitable time to do just that with all of you.

About eight years ago, when I began thinking about applying to be Dean, I began to think about what the USD Law School community is and should be. As I thought about the history of the Law School, I kept coming back to my experience of lawyers who have manifested excellence, offered service, and accepted leadership. Those values, lived out in daily work seen and unseen, were central to what I knew the Law School to manifest in its history and hoped it would continue to manifest going forward. Simply put, it is obvious to me that we have been and are a community of excellence, service, and leadership. Our community has lived those traits since 1901 and must continue to do so into the future. It is important to think more specifically about what those traits mean as a result.

Excellence is the perpetual effort to do our very best. I believe that excellence is at least as much about process as achievement. Anyone who has done the work of a lawyer for more than a minute knows well that not every outcome will be what we hoped for despite our best efforts. We nonetheless consistently pursue excellence by doing our best work, continuing to learn and grow, and setting personal and professional standards that push us for more. As I work with students and faculty, talk to and see the work of alumni, and consider every

aspect of operations at the Law School, excellence is a guiding idea and consistent practice.

Service is the willingness to think about how we use the law to make life a bit better for the people around us. I often tell students that, like any tool, the law can be used to build or to destroy—the result depends upon how and why we wield the tool. Service requires us to wield the law to build. It requires us to put the interests of clients and the rule of law above our own convenience and interests. I see members of this community consistently find ways to serve through bar activity, public or private service in their communities, philanthropy and pro bono activity, and many other means. A commitment to service is a key distinction between simply having a job and living our vocation as lawyers.

Leadership is our ability to coordinate the action of many individuals to achieve a shared goal. Despite what a younger version of me thought, it is not telling others what to do. That is easy. Leadership is the much harder work of thoughtfully evaluating both what is necessary but also feasible under the totality of circumstances. It requires patient and engaged listening, transparent communication, flexibility about means paired with clarity and consistency in values. Real leadership expands the circle to engage more people than were engaged when the leader entered the scene. Perhaps often forgotten is the fact that a lot of real leadership is quiet and behind the scenes.

Members of this community step forward into leadership roles in many settings. Law School alumni

lead within the judiciary and elected positions in the political branches. If you go into any South Dakota community, local lawyers are on school boards, hospital boards, county commissions, city councils, and a host of other entities that give communities life. There is a long tradition of South Dakota Bar members having national leadership positions with the ABA and other entities. I frequently remind students that opportunities for leadership will present themselves earlier than they might in other places. Lawyers have an opportunity and obligation to lead. It is gratifying to see students and alumni accept the opportunities and obligations of leadership so readily and so frequently.

As important as these three values are, community holds them together. Although I began describing the Law School as a community of excellence, service, and leadership early in my time as dean, it was only after I had been here for a while that I realized how important that first word is. The most important work that we do, we do together as a community. Our other values amplified by the force of community. It is not simply individual alumni, students, faculty, and staff that manifests our key values, it is all of us. This makes their impact much greater.

It is also critical to note that the community of the Law School extends not only to those for whom it is their alma mater. We are the state's law school and a resource for everyone in the state accordingly. Our community is and must be made up not only of current students and alumni, but everyone interested in the future of law in South Dakota and beyond. For these reasons, the first word, community, matters as much as the other three.

We are a community of excellence, service, and leadership. This is the culture of the Law School that I have seen throughout my time as Dean. It is humbling and exciting to hear students adopt these values as their guiding star, and our alumni and friends manifest them consistently in their work. As we approach the Law School’s 125th anniversary in 2026, it is a momentous time to remember these values that have defined us since 1901. They continue to define us for decades to come. Thank you to everyone who makes these values not just words on our front door, but the living culture of our community.

Veteran’s CLE

October 6 from 9:00 a.m. to 12:00 p.m.

First Guest presenter locked in...

JUSTICE SQUAD

BANKRUPTCY BANKRUPTCY LAW IN PRACTICE LAW IN PRACTICE

FRIDAY | SEPT 5 | 9:00 AM - 5:00 PM TH

Hilton Garden Inn

201 East 8th St., Sioux Falls, SD

Onsite Registration

Description: Whether you're a seasoned bankruptcy attorney, a general litigator, young lawyer, certified paralegal, work in the financial services industry, or just beginning to explore insolvency issues, this program is designed for you! Join experienced practitioners, bankruptcy judges, and thought leaders as they break down and discuss essential topics in bankruptcy law that impact a broad range of legal practices relevant to beginners and experts alike. Through practical insights, real-world scenarios, and panel discussions, attendees will engage with foundational principles, ethical considerations, and advanced strategies for practice. Further, attendees will leave empowered with tangible tools and takeaways to jump-start, enhance, or refine your bankruptcy practice.

For attorneys, paralegals & financial professionals

Covers key bankruptcy topics & real-world scenario

Led by judges, practitioners & industry experts

✔ Practical tips, ethics guidance & take-home tools

JOIN US!

Immediately following the Bankruptcy CLE, join us for a networking mixer in partnership with the South Dakota Young Lawyers Section. Head over to Remedy Brewing Company (Room E2) in Sioux Falls, for an evening of networking and connection. Enjoy snack bites and good company from 5:00-8:00 p.m.!

A big thank you to Bradley Arant Boult Cummings, LLP, for sponsoring the mixer!

LOCATION:

401 E 8th St. Unit 120, Sioux Falls, S.D. 57103

TIME: 5:00 p.m. to 8:00 p.m.

SDTLA Fall Seminar

Thursday, September 11 – 1:00 – 4:00pm

Friday, September 12 – 9:00am - Noon

Holiday Inn Resort Deadwood Mountain Grand by IHG 1906 Deadwood Mountain Dr., Deadwood, South Dakota

Join your SDTLA colleagues for six hours of CLE.

Thursday, September 11

"Vehicle Digital Evidence and Visual Storytelling" (1:00 – 2:00pm)

Presenter: Colin M. Wein. P.E., Compass Consulting Engineers (Westminster, CO)

“Battle of the Closings: Civil & Criminal” (2:00 – 4:00pm)

Civil Presenters: Stephanie Pochop, Johnson Pochop & Bartling Law Office (Gregory); Vince Purtell, Heidepriem Purtell Siegel Law Firm (Sioux Falls); TBD

Criminal Presenters: Jenn Albertson, Federal Public Defenders Office (Rapid City); Tim Rensch, Rensch Law Office (Rapid City); Clint Sargent, Meierhenry Sargent, LLP (Sioux Falls)

POKER RUN: 4:30 – 6:30pm

BUFFET DINNER: immediately following the Poker Run at the Silverado Grand Buffet

Friday, September 12

TBD (9:00 – 10:30am)

Presenter: TBD

“The Squeaky Wheel Gets the Money – Better Settlements Are More Fun!” (10:30am – Noon)

Presenter: Mike Liffrig, President/Trial Consultant with Resolve Legal Consulting along with friends/colleagues from Lynn, Jackson, Shultz, Lebrun, PC

If you have any questions please contact Linda Stevens, SDTLA Executive Director.

SDtriallawyersassoc@gmail.com

SEPTEMBER LAW FOR LUNCH

FINCEN REAL ESTATE REPORTS FOR CASH TRANSACTIONS

Do you and your office prepare deeds for business entities and trusts? If so, new rules and regulations from the US Treasury Department's Financial Crime Enforcement Network (FinCEN) go into effect for all deeds after December 1, 2025. Brad Hoeschen from Old Republic National Title Insurance Company will be covering what is changing and why you and your office may need to file reports with FinCEN within 30 days of the deed being recorded and how to stay compliant.

NEW RULES FOR "NON-FINANCED" REAL ESTATE TRANSACTIONS THAT INVOLVE ENTITIES AND TRUSTS AS BUYERS

WATERFALL OF REPORTING AND WHERE ATTORNEYS WHO PREPARE DEEDS OR ASSIST WITH CLOSINGS FIT WITH RESPONSIBILITY FOR REPORTING

LIST OF TRANSACTION TYPES THAT REQUIRE REPORTING AND WHAT EXEMPTIONS EXIST

WHAT INFORMATION IS NEED FOR THE REPORTING FORM FROM THE BUYER AND SELLER

SEPTEMBER 16, 2025 12:30 - 1:30 P.M. REGISTER NOW

CLE Program Chair: Eric Hanson

Come mingle, connect, and enjoy great conversation at the Military Heritage Alliance in Sioux Falls on October 22nd from 5:30–7:30 PM. We’ll have light bites, plenty of networking, and a special address from Chief Justice Jensen.

REGISTER NOW

*Pre-registration is required to ensure adequate space and food for all attendees. Please register no later than October 14, 2025, by 5:00 PM CDT.

Wednesday, October 22 5:30 PM - 7:30 PM CDT

Military Heritage Alliance 1600 W Russell St Sioux Falls

TUNED | STAY TUNED | STAY TUNED | STAY TUNED

STAY TUNED | STAY TUNED | STAY TUNED | STAY TUNED

UPCOMING LAW FOR LUNCH

November 18, 2025

Topic: Welcome to the South Dakota State Bar/Leveraging Your Membership

Presenter: TBD

January 20, 2026

Topic: Tax Update

Presenter: TBD

STATE BAR OF SOUTH DAKOTA

FreetoallBarMembers!

Gunderson, Palmer, Nelson & Ashmore, LLP is pleased to announce

Turner J. Blasius as an associate attorney.

Gunderson, Palmer, Nelson & Ashmore, LLP

306 E Capitol Ave Ste 300 Pierre, SD 57501

Telephone: (605) 494-0105

Email: tblasius@gpna.com

Gunderson, Palmer, Nelson & Ashmore, LLP is pleased to announce

Marcus L. Hluchy as an associate attorney.

Gunderson, Palmer, Nelson & Ashmore, LLP

306 E Capitol Ave Ste 300 Pierre, SD 57501

Telephone: (605) 494-0105

Email: mhluchy@gpna.com

Gunderson, Palmer, Nelson, & Ashmore, LLP’s Pierre office relocated on July 14, 2025. The new address is:

Gunderson, Palmer, Nelson, & Ashmore, LLP

306 East Capitol Avenue, Ste. 300 Pierre, SD 57501

South Dakota Bureau of Human Resources and Administration (“BHRA”) is pleased to announce

Ashley Schartz

has joined the BHRA Office of General Counsel as an Assistant General Counsel effective August 25, 2025.

SD Bureau of Human Resources and Administration 1501 S Highline Avenue Sioux Falls, SD 57110

Telephone: (605) 591-1654

Email: Ashley.Schartz@state.sd.us

South Dakota’s Unique Rule 1.8(c): A Primer

Thomas E. Simmons

South Dakota Rule of Professional Conduct 1.8(c) prohibits lawyers from writing themselves into their clients’ wills. More broadly, it prohibits lawyers from accepting substantial gifts from their clients. Both testamentary and inter vivos gifts are included within its scope. Indeed, the rule prohibits lawyers from even soliciting significant gifts from their clients.

This idea – that lawyers should not write themselves into their clients’ wills – has deep historical roots. It can be traced back as far as first century Roman Emperor Nero’s reign (54-68 A.D.). In referring to a law promulgated by Nero, Suetonius confirms: “No one who writes a will for another shall write a legacy for himself.” i Today, this same prohibition can be found in the ABA’s Model Rule 1.8(c):

A lawyer shall not solicit any substantial gift from a client, including a testamentary gift, or prepare on behalf of a client an instrument giving the lawyer or a person related to the lawyer any substantial gift unless the lawyer or other recipient of the gift is related to the client. ii

Thus, the general rule is that an attorney may not receive a substantial gift from a will drafted for a client, with an exception for wills drafted for family members. This exception permits a lawyer to draft a will in which the lawyer is a devisee so long as the testator-client is related to the lawyer. A “related person” includes “a spouse, child, grandchild, parent, grandparent or other relative or individual with whom the lawyer or the client maintains a close, familial relationship.” iii

South Dakota’s Supreme Court adopted Rule 1.8(c) in 1987 as part of a comprehensive update, replacing the earlier “Canons” (which dated to 1970) with the 1983 ABA Rules of Professional Conduct. iv

A few years later, the Court was confronted the disciplinary proceedings of Deadwood attorney Jon Mattson. v Attorney Mattson had assisted his Uncle Pete in making gifts totaling several hundred thousand dollars to himself and his wife. Mattson defended against the disciplinary complaint brought against him by arguing, inter alia, that the gifts from his uncle satisfied the “relative exception” in the Rule, given that he was related to Uncle Pete; Mattson had a “father/son relationship” with his uncle. vi

In rejecting Mattson’s assertion, the South Dakota Supreme Court implicitly acknowledged that Uncle Pete was Mattson’s relative. Yet it reasoned that “Rule 1.8 cannot be used to excuse substantial gifts which are facially disproportionate to gifts made to other relatives in the same class.” vii It quoted from the Restatement Third of the Law Governing Lawyers in support of this reasoning, although the Court’s “disproportionate prong” to the “relative exception” cannot be located in either the rule nor its comments. viii

Perhaps sensing that its Mattson “disproportionate prong” had stretched the language of Rule 1.8, not long afterwards, the South Dakota Supreme Court amended Rule 1.8 in order to incorporate the central holding from Mattson. ix Essentially, the Court codified Mattson in a revision to Rule 1.8. Today, as a result, South Dakota’s Rule 1.8(c) reads, in pertinent part:

A lawyer shall not solicit any substantial gift from a client, including a testamentary gift, or prepare on behalf of a client an instrument giving the lawyer or a person related to the lawyer any substantial gift unless the lawyer or other recipient of the gift is related to the client and the gift is not significantly disproportionate to those given to other donees similarly related to donor x

Accordingly, the rule – taking account of South Dakota’s unique additional phrase which was added in 2004 – could be restated as follows:

(1) A lawyer may not draft a client’s instrument xi giving herself (or anyone related to her) a substantial gift

(a) unless (i) she is related to the testator-client and (ii) the gift is not significantly disproportionate to gifts given to other donees similarly related to the client.

It’s important to take note of the breadth and scope of South Dakota’s unique Rule 1.8(c). Consider this hypothetical, for example:

Lawyer Leon drafts a will for his mother according to her instructions. It gives half his mother’s estate to the lawyer’s two sons (one-quarter each) and the other half to Leon’s brother’s disabled daughter in trust.

Leon has violated South Dakota’s Rule 1.8(c). The will fails to qualify for the “relative exception” on account of the disproportionate gift to the testator-client’s special needs grandchild (who receives half of the estate compared to the quarter-shares the other grandchildren receive).

To qualify for South Dakota’s “relative exception,” the will cannot make disproportionate gifts to relatives of the testator-client of the same class. The will, as drafted, provides for a disproportionate gift to the testator-client’s disabled grandchild. As a result, the lawyer has violated South Dakota’s Rule 1.8(c).

Could Leon avoid a disciplinary infraction by proving that no undue influence was exerted over his mother? No.

Could Leon avoid a disciplinary infraction by providing his legal services pro bono? No.

Could Leon avoid a disciplinary infraction by having a new associate attorney in his firm draft the will instead of Leon? No. xii

One might argue that the intent of modified Rule 1.8(c) was to prohibit the lawyer from drafting a will in which the lawyer’s children were favored at the expense of his brother’s children, not

the other way around. It’s a reasonable assertion, but the plain text of South Dakota’s Rule 1.8(c) does not easily admit of such a reading. Even a lawyer who agrees with his wife that they should favor one child over another in their estate plan – and proceeds to draft a will for his wife (as a client xiii) which mirrors his own – would find himself crossways with South Dakota’s Rule 1.8(c). Lawyers must also be cautious with even unequal contingent bequests. xiv

Moreover, practitioners should be wary of unintentionally violating the anti-solicitation aspects of the rule. Consider this hypothetical:

Lawyer Lily represents her sister in a DUI charge. Meeting in the parking lot outside the courthouse, Lily admires her sister’s restored hot rod and suggests that Lily’s oldest son would really appreciate a gift of such an automobile someday.

Has Lily unwittingly violated Rule 1.8(c)? Consider: Has she solicited a substantial gift from a client? Yes; a restored automobile represents a substantial gift Lily’s sister is her client. And to “solicit” means, according to Black’s, urging or seeking to obtain something; a request. xv Clearly, Lily presented her sister with a request. xvi Although the client is Lily’s relative, it appears that the proposed gift – to Lily’s “oldest son” would be disproportionate to Lily’s younger son since no gift for the younger son was solicited. Hence, we have another sneaky Rule 1.8(c) problem.

Admittedly, I rather seriously doubt that the South Dakota Attorney Disciplinary Board or the South Dakota Supreme Court would impose significant discipline against an attorney based on the facts of either of the hypotheticals articulated above. That’s not really the point. The point is that attorneys should – as a baseline – know the rules that guide their conduct and identify conduct which those rules proscribe. xvii Complying with Rule 1.8(c) may require an attorney to decline to draft a relative’s will or codicil. Forewarned is forearmed.

The author is a professor at the University of South Dakota’s Knudson School of Law. His views are his own and not those of the board of regents, USD, or its administrators. Attorney Sheila Woodward is thanked for providing helpful criticisms to an earlier draft; her assistance should not imply endorsement and any errors are solely the author’s.

i See HENRY AILOUD, VIE DES DOUZE CESARS (1932) (quoting SUETONIUS, NERO ch. 17: Ne qui alieni testament scriptor Legatum sibi ascriberet.).

ii Model Rule of Professional Conduct 1.8(c).

iii Id The key term “relative” (or “related to”) appears in two different parts of South Dakota’s version of the rule: in both its scope and in its exception. See text accompanying note x.

iv See SDCL ch. 16-18 appx., Commission Note (1995) (noting the Supreme Court, by order filed December 15, 1987, repealed the Code of Professional Responsibility with the South Dakota Rules of Professional Conduct). South Dakota’s original Rule 1.8(c) text was more or less identical to the current ABA version. It read: “A lawyer shall not prepare an instrument giving the lawyer or person related to the lawyer as parent, child, sibling, or spouse any substantial gift from a client, including a testamentary gift, except where the client is related to the donee.” SDCL ch. 16-18 appx., Rule 1.8(c) (1995)

v In re Discipline of Mattson, 2002 SD 112, 651 N.W.2d 278. In the interests of transparency, your author wishes to disclose that he acted as co-counsel for Jon Mattson alongside attorney James Nelson.

vi Id. at ¶ 53, 651 N.W.2d at 288.

vii Id at ¶ 50, 651 N.W.2d at 288 (emphasis supplied).

viii Id. (providing that a “lawyer may not prepare an instrument effecting gift from client to lawyer, including testamentary gift, unless lawyer is a relative or other natural object of the client's generosity, and gift is not significantly disproportionate to those given to other donees similarly related to donee”) (citing REST 3D LAW GOVERNING LAWYERS § 127(1) (1998) (emphasis supplied) The Court also quoted from the Rule’s comment which states: “A lawyer may accept a gift from a client, if the transaction meets general standards of fairness.” Id , quoting Rule 1.8(c) cmt. [6]. Although the comment quoted does not directly support the requirement that gifts, even from relatives, must not be disproportionate, the American College of Trust and Estate Counsel (ACTEC) commentaries to Rule 1.8(c) do. They caution that the “relative exception” still requires “special care if the proposed gift to the lawyer or a related person is disproportionately large in relation to the gift the client proposes to make to others who are equally related.” THE ACTEC COMMENTARIES ON THE MODEL RULES OF PROFESSIONAL CONDUCT 133 (6th ed. 2023), available at https://www.actec.org/wp-content/uploads/2023/08/ACTEC_Commentaries_ 6th_Rev.pdf (last accessed Aug. 5, 2025).

ix S.D. Sess. Laws 2004, ch. 327 (Supreme Court Rule 03-26).

x SDCL ch. 16-18 appx. (Rule 1.8(c)) (emphasis supplied). The definition of “relative” is also restated in the current version of South Dakota’s Rule 1.8(c): “[R]elated persons include a spouse, child, grandchild, parent, grandparent or other relative or individual with whom the lawyer or the client maintains a close, familial relationship.”). This definition is unchanged. Id See, also, e.g., Cooner v. Alabama State Bar, 59 So.3d 29, 40 (Ala. 2010) (reasoning that Rule 1.8 “relatives” include “relationships by blood and by marriage”).

xi But see Mattson, 2002 SD 112, ¶ 50, 651 N.W.2d at 287-88 (reasoning that an attorney who “did not prepare ‘an instrument’ … [but r]ather side- stepped any kind of written document and proceeded by a series of inter vivos transactions” violates the rules of professional conduct) (emphasis supplied)

xii SDCL ch. 17-18 appx. (Rule 1.8(k)); accord, Whelan’s Case, 619 A.2d 571, 573 (N.H. 1992).

xiii An attorney who drafts wills for his wife and himself might not consider his wife a “client.” But preparing a legal document for another person is generally sufficient evidence of an attorney-client relationship. See ACTEC COMMENTARIES, supra note viii at 132. For example:

Parent (P) asks his child (C), who is also an attorney, to assist him in preparing a document to effect a gift from P to C. The very act of preparing the document could be sufficient to establish an attorney-client relationship between C and P. Once the attorney-client relationship is established, C’s involvement in the transaction would be governed by [Rule] 1.8(c).

Id

xiv See In re Disciplinary Action Against Boulger, 637 N.W.2d 710, 713 (N.D. 2001) (reasoning that just because a contingent gift is extremely unlikely to materialize does not render it insubstantial under Rule 1.8(c)).

xv SOLICITATION, BLACK’S LAW DICTIONARY (12th ed. 2024). See also Model Rule of Professional Conduct 7.3(a) (defining “solicit” (in a different context) as denoting “a communication initiated by … a lawyer … directed to a specific person … [which] offers … services”).

xvi The hypothetical request of a gift of a hotrod to one’s son was arguably in bad taste. But a strict reading of Rule 1.8(c) as adopted in South Dakota prohibits even the solicitation of a gift which the client shrugs off and ignores.

xvii See Whelan, 619 A.2d at 573 (emphasizing: “The respondent’s defense is basically one of ignorance of the Rules of Professional Conduct, which is no defense.”).

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Celebrate Constitution Day on September 17, 2025, by retaking your Attorney’s oath - your promise to support the Constitution of the United States.

The South Dakota oath can be found in every State Bar newsletter and at: https://sdlegislature.gov/Statutes/16-16-18

When you took your Oath, you pledged to support the Constitution of the United States and the Constitution of the State of South Dakota.

The Constitution is the foundation of our country and embodies our most fundamental principles. As attorneys, we uphold the Constitution every day.

This #ConstitutionDay, retake your oath and honor the significance of your role as a guardian of the independence of the judiciary and the rule of law.

The State Bar encourages our members to engage in civics education efforts and to provide information to students and the public regarding fundamental legal principles and the rule of law in accordance with the Preamble to the South Dakota Rules of Professional Conduct.

Please consider visiting students in your local schools to help celebrate Constitution Day. Thank you!

A heartfelt thank you to everyone who took part in the ABA CoLap/Krill Strategies Lawyer Mental Health Research Project!

According to Patrick Krill, more than 35,000 lawyers participated in this massive study, which is by far the largest study of lawyer mental health and wellbeing ever conducted. The information provided in this survey will benefit the State Bar of South Dakota and the Lawyers Assistance Program.

Thanks again for making this study a huge success!

State Bar of South Dakota

BOARD OF BAR COMMISSIONERS

Minutes, July 18, 2025

Location – Drifters in Ft Pierre, and via Teams

President John Richter called the meeting to order at 8:30 AM CDT on July 18, 2025. Present for all or part of the meeting were President John Richter, President Elect Mark Haigh, and Commissioners Justin Johnson, Emily Maurice, Anthony Teesdale, Kim Kinney, Jerry McCabe, Ellie Bailey, Matthew Naasz, Teramie Hill, Amber Mulder, Sarah Covington, Stacy Johnson, Kristen Edwards, and Steven Blair. Also present were Executive Director/Secretary-Treasurer Paul Cremer, Strategic Plan Coordinator Carrie Sanderson, Lawyers Assistance Program Director Becky Porter, Access to Justice Inc. Coordinator Denise Langley, Bar Services Coordinator Alyssa Blasius, Communications/Membership Coordinator Tailynn Bradford, Administrative Assistant Brooklyn Drewes, and Parliamentarian Tom Welk.

President’s Welcome: President Richter thanked the Bar Commissioners for serving, and he stated that he wants to ensure that Commissioners’ voices are heard, and to give Commissioners an opportunity to show that they did something. Richter quoted South Dakota Supreme Court Justice Scott Myren, who stated at the July 17 mixer that this is the golden era of the Bar Commission.

The Commission discussed any potential conflicts during the Board Conflict Disclosure portion.

Approve Meeting Structure: President Richter discussed the role of Parliamentarian Tom Welk and noted that the parliamentarian would be responsive to the President as chair. Commissioner Hill made a motion to approve Tom Welk serving as parliamentarian. Commissioner Covington seconded the motion. Motion carried.

President Richter discussed meeting start times and attendance.

The Commission discussed meeting minutes, including efforts to finalize minutes earlier, potential transcription assistance for minutes, and posting of agendas. Commissioner Teesdale made a motion to investigate further technological assistance. Commissioner Justin Johnson seconded the motion. Motion carried.

The Commission discussed Bar Commission Agendas and potential posting of agendas. Commissioner Maurice made a motion to post draft proposed agendas on the member portion of the website 72 hours prior to meetings. Commissioner Stacy Johnson seconded the motion. Motion carried.

Commissioner Justin Johnson made a motion to create a Bar Commission page in the newsletter to facilitate member contact with Commissioners. Commissioner Covington seconded the motion. Motion carried.

Commissioner Hill made a motion to place an ADA Compliance statement on agendas. Commissioner Stacy Johnson seconded the motion. Motion carried.

The Commission discussed the President’s authority to invite attendees to Bar Commission meetings.

President Richter discussed State Bar responses on IRS Form 990, and Cremer will memorialize advice received from auditors ELO CPAs and Advisors.

Approve Minutes of April 16, 2025, Meeting: Commissioner Blair moved to approve the minutes of the April 16, 2025, Bar Commission meeting as amended Commissioner Edwards seconded the motion. Motion carried.

Cremer noted for the minutes that the Bar Commissioners had participated in an email vote that concluded on April 23, 2025 Commissioner Bell made a motion via email for the Executive Director to draft and place civics information on the State Bar website. Commissioner McCabe seconded the motion. Motion carried.

Executive Director Financial Report: Cremer stated that the Bar entities have a solid financial position, and he introduced Jennifer Anderson, who provides bookkeeping services to the State Bar. Her company, Anderson Nill, provides bookkeeping services to approximately 30 associations in South Dakota that are similar to the State Bar. Anderson described the bookkeeping services she is providing to the State Bar. Anderson described her work with other associations, and she compared and contrasted oversight in different associations. Anderson also described plans for continuing to provide information to the State Bar and plans for a different format for information. Anderson described her role as an outside entity reviewing State Bar information, and she adheres to professional standards. Anderson described how her work correlates with and complements the auditing services provided to the State Bar by ELO CPAs and Advisors. The Commission and Anderson discussed the timing of financial information updates.

Audit and Finance Committee Report: Members of the Audit and Finance Committee proposed the elimination of hardcopy State Bar Convention Programs, which would save approximately $9000 in printing and mailing costs. Members would be able to utilize the Bar convention program app and could print the program from a PDF. Discussion will continue.

Strategic Plan Update and Committee Structure: Several members of the Strategic Planning Committee, including Co-Chairs Dick Casey and Jennifer Williams, discussed the history of the Strategic Planning Committee. The Committee focused on attorney wellness at the May 30, 2025, Retreat. President Richter stated that he invited all members of the Strategic Planning Committee and the Young Lawyers Section Board to the Bar Commission meeting to further align State Bar groups. The Strategic Planning Committee is planning to provide a report regarding the May meeting at the October Bar Commission meeting.

Members of the Audit and Finance Committee discussed committee budgets and plans to work with committees on their budgets.

Commissioner Justin Johnson made a motion to go into executive session to discuss personnel matters. Commissioner Blair seconded the motion. Motion carried. The Commission entered Executive Session at 11:26 AM. Present for all or part of the executive session were President John Richter, President Elect Mark Haigh, and Commissioners Justin Johnson, Emily Maurice, Anthony Teesdale, Kim Kinney, Jerry McCabe, Ellie Bailey, Matthew Naasz, Teramie Hill, Amber Mulder, Sarah Covington, Stacy Johnson, Kristen Edwards, and Steven Blair. Cremer was also present. The Commission adjourned Executive Session at 11:55 AM.

FY 2025-2026 Budget Discussion and Approval: Commissioner Blair moved to approve the FY 2025-2026 Budget as presented, with a 3.5% increase to salary authority, including other fund authority to address A2J budget spending, subject to final approval by the Bar Commission pursuant to the Bylaws Commissioner Bailey seconded the motion. Motion carried.

Public Sector Section Bylaw Change Approval: The Commission discussed Bylaw changes that had been approved earlier by the Public Sector Section. Commissioner Blair moved to approve the

proposed amendments to the Public Sector Section Bylaws. Commissioner Edwards seconded the motion. Motion carried.

Conflict-of-Interest Policy Discussion: The Commission discussed a written Conflict of Interest Policy. Commissioner Covington made a motion to approve the policy. Commissioner Stacy Johnson seconded the motion. Motion carried.

Commissioner Teesdale made a motion to go into executive session to discuss personnel matters. Commissioner Blair seconded the motion. Motion carried. The Commission entered Executive Session at 12:29 PM. Present for all or part of the executive session were President John Richter, President Elect Mark Haigh, and Commissioners Justin Johnson, Emily Maurice, Anthony Teesdale, Kim Kinney, Jerry McCabe, Teramie Hill, Amber Mulder, Sarah Covington, Stacy Johnson, Kristen Edwards, and Steven Blair. Cremer was also present. The Commission adjourned Executive Session at 12:46 PM.

93rd Annual Convention and Business Meeting Report: The Commission discussed the 2025 Bar Convention. Attendees have provided very positive feedback to State Bar staff regarding the Convention. Members voted at the Business Meeting on June 20, 2025, to recommend that the South Dakota Supreme Court consider drafting a rule consistent with the Mandatory CLE Study Committee report and recommendations. The Commission discussed next steps, which will likely include discussions within the Supreme Court, and continued discussions between the Supreme Court, the State Bar, and other stakeholders.

The 2026 State Bar convention is scheduled for June 24-26, 2026, at the Sioux Falls Convention Center. The 2027 State Bar convention is scheduled for June 16-18, 2027, at the Monument in Rapid City. Bar staff are working on plans for Bar conventions in 2028 and 2029.

Approve Minutes of June 20, 2025, Meeting: Commissioner Justin Johnson moved to approve the minutes of the June 20, 2025, Bar Commission meeting. Commissioner Covington seconded the motion. Motion carried.

Committee Appointments and Chair Orientation: President Richter discussed plans for Committee and Section Chair orientation, which is scheduled to be held online on August 14, 2025. Tamara Nash joined the meeting and discussed CLEs, and committee and section activities.

Young Lawyers Section Report: Members of the YLS Board provided an update regarding YLS activities, including law school outreach, Bar Buddies, Pin auction, the Statewide Swearing-inCeremony scheduled for September 26, 2025, in Pierre, the Nuts and Bolts CLE (also scheduled for September 26, 2025, in Fort Pierre) attorney wellness, and the Hagemann-Morris mentorship program. Board members discussed barriers to YLS members attending Bar functions, including concerns from young lawyers about taking time away from work to participate in Bar activities.

Governance – Tom Welk: Tom Welk discussed governance roles, and distinctions between Bar Commission duties and Bar staff duties. The Bar Commission is responsible for strategic vision and policy matters, and staff are responsible for the day-to-day operations and administration of the State Bar. Welk discussed the standard of care in relation to fiduciary duties, and being mindful of fiduciary duties does not mean that governing bodies should micromanage or second-guess day-today activities. The Bar Commission can rely on Bar staff to manage day-to-day activities and can delegate duties to Bar staff. Welk encouraged the Bar Commission and Bar staff to collaborate.

Lawyers Assistance Program Report: LAP Director Becky Porter provided information regarding LAP activities. LAP Coffee Break meetings are scheduled to resume in September. Bar staff are working to provide further administrative assistance to LAP. President Elect Haigh discussed the

May 30, 2025, Strategic Planning Committee Retreat that focused on wellness. The Commission thanked Porter for her continued work.

Commissioner Input/Ideas/Concerns: The Commission discussed the continued placement of minutes and financial information on the State Bar website. Carrie Sanderson provided information regarding grants to assist rural practice initiatives. President Richter plans to move the Commissioner Input/Ideas/Concerns agenda item to agenda item number one in future meetings. The Commission discussed State Bar efforts to create a new category on the State Bar website to allow law students to register as law student members, which should help with retention.

FY 2025-2026 Meeting Schedule: President Richter noted that the Bar Commission historically has met in person on the same day as the Statewide Swearing-in-Ceremony, but there are logistical issues. Richter also noted that the mixer on July 17 was well-received, and he is planning to schedule more mixers in other areas. The Commission will continue to work on scheduling meeting dates.

Miscellaneous – ABA YLD, other committees: Cremer requested permission to increase the State Bar life insurance policy on the Executive Director from $250,000 to $350,000 because the $250,000 amount has been in place for at least seven years. The State Bar is a beneficiary of onehalf of the proceeds of that life insurance policy. Commissioner Justin Johnson made a motion to approve the increase. Commissioner Blair seconded the motion. Motion carried.

Commissioner Hill made a motion to enter executive session to discuss personnel matters. Commissioner Maurice seconded the motion. Motion carried. The Commission entered Executive Session at 3:01 PM. Present for all or part of the executive session were President John Richter, President Elect Mark Haigh, and Commissioners Justin Johnson, Emily Maurice, Anthony Teesdale, Jerry McCabe, Teramie Hill, Amber Mulder, Kristen Edwards, and Steven Blair. Cremer was also present. The Commission adjourned Executive Session at 3:12 PM.

Commissioner Teesdale made a motion to recommend Renee Stellagher as the delegate to the ABA YLD House of Delegates. Commissioner Justin Johnson seconded the motion. Motion carried. The Commission thanked the applicants for their interest in the position.

The Commission discussed potential ad hoc committees, including an Anecdotal Committee. Discussion will continue.

Adjourn: Commissioner Maurice made a motion to adjourn. Commissioner Justin Johnson seconded the motion. Motion carried. The meeting was adjourned at 3:17 PM.

Respectfully submitted, Paul Cremer

Executive Director/Secretary-Treasurer

State Bar of South Dakota Committee Assignments 2025-2026

ADMINISTRATIVE LAW

Ross Aldentaler, Aberdeen

Mallori Barnett, Pierre

Beau Barrett, Yankton

Justin Bell, Pierre

Kelsey Blair, Rapid City

Steven Blair, Rapid City

Eric Bogue, Sioux Falls

Meghan Borchert, Sioux Falls

Phil Carlson, Brandon

Lisa Carrico, Watertown

Niclas Dahlvang, Wessington Springs

Tom Deadrick, Pierre

Jennifer Doubledee, Sioux Falls

Kristen Edwards, Pierre

Morgan Erickson, Sioux Falls

Holly Farris, Pierre

Andy Fergel, Bismarck, ND

Jennie Fuerst, Pierre

Anita Fuoss, Pierre

Aleesa Jansick, Sioux Falls

Julie Johnson, Mina

Brett Koenecke, Pierre

Laura Korson, Hermosa

Kody Kyriss, CH Pierre

Amanda LaCroix, Pierre

Tamara Lee, Pierre

Karla MacArthur Harris, Rapid City

Frank Marnell, Pierre

Gerald McCabe, Claremont

Amber Mulder, Sioux Falls

Graham Oey, Brookings

Howard Pallotta, Pierre

Nick Ramos, Sioux Falls

John Richter, Pierre

Justin Smith, Sioux Falls

Caroline Srstka, Sioux Falls

Britni Summers, Omaha, NE

Amy Thompson Sunderland, Omaha, NE

Sarah Thorne, Pierre

Catherine Williamson, Pierre

AGRICULTURAL LAW

Stan Anker, Rapid City

Turner Blasius, Pierre

Elliot Bloom, Rapid City

Joshua Clark, Sioux Falls

James Cremer, Aberdeen

Kristen Edwards, Pierre

Craig Evenson, Co-CH Clear Lake

Jennie Fuerst, Pierre

Amanda Gaikowski, Sioux Falls

Thomas Geu, Vermillion

Alex Hoffman, Sioux Falls

David Larson, Chamberlain

Kiera Leddy, Dimock

Jeremy Lund, Aberdeen

Robert Nelson, Sioux Falls

Rachelle Norberg, Burke

Jess Pekarski, Rapid City

Mitchell Peterson, Sioux Falls

Joan Powell, Gettysburg

Clint Roberts, Pierre

Barry Sackett, Sioux Falls

Danny Smeins, Britton

Kelsea Sutton, CH, Burke

Jacob Tiede, Pipestone, MN

Michael Traxinger, Aberdeen

Paul Tschetter, Sioux Falls

Joshua Weinheimer, Pierre

Nolan Welker, Pierre

Todd Wilkinson, Co-CH, DeSmet

Austin Schaefer, Hot Springs

ALTERNATIVE DISPUTE RESOLUTION

Stephanie Amiotte, Sioux falls

Bert Bucher, Sioux Falls

Katie Cook, Rapid City

Gregory Erlandson, Rapid City

Hon. David Gienapp, Madison

Lindsay Harris, Sioux Falls

Katie Johnson, Beresford

Meghann Joyce, Sioux Falls

Garrett Keegan, Rapid City

David Larson, Chamberlain

Michael McKnight, Sioux Falls

Erica Reber, Sioux Falls

Elizabeth Rosenbaum, Sioux City, IA

Laura Rowe, Onida

Marilyn Trefz, CH, Vermillion

Joe Williams, Hill City

ASK A LAWYER

Aidan Goetzinger, Co-CH, Rapid City

Brooke Schmidt. Co-CH, Sioux Falls

BUSINESS LAW

Amy Arndt, Sioux Falls

Frances Becker, Rapid City

Mariah Bloom, Aberdeen

Eric Bogue, Sioux Falls

Abby Breit, Sioux Falls

Josh Brown, Sioux Falls

Jessica Carmichael, Belle Fourche

Joshua Clark, Sioux Falls

Sarah Covington, Summerset

James Cremer, Aberdeen

Ty Daly, Rapid City

Thomas Deadrick, Pierre

Justin DiBona, Rapid City

Paul Dietz, Elko New Market

Connor Donahoe, Rapid City

Matthew Dorothy, Sioux Falls

Ryan Fargen, Sioux Falls

T. Cale Fierro, Rapid City

Vincent Foley, Watertown

Keith Gauer, Sioux Falls

Tom Geu, Vermillion

Daniel Glinert, Sioux Falls

Patrick Goetzinger, Rapid City

Chad Hansen, Shakopee MN

Eric Hanson, Sioux Falls

Brooke Harms, Sioux Falls

Lane Haskell, Sioux Falls

Laura Hauser, Rapid City

Dixie Hieb, Sioux Falls

Travis Hindt, Sioux Falls

Pradeep Jayaraman, Sioux Falls

Curtis Jensen, Rapid City

Darrell Jesse, Dakota Dunes

Tommy Johnson, Sioux Falls

Brian Kirby, Sioux Falls

Andrew Knutson, Sioux Falls

Brett Koenecke, Pierre

Jessica Larson, Rapid City

Brittany McKnight, Brookings

Cynthia Mickelson, Sioux Falls

Carey Miller, Sioux Falls

Jess Pekarski, Rapid City

Aaron Pilcher, Huron

Lisa, Prostrollo, Sioux Falls

Barry Sackett, Sioux Falls

Kristina Schaefer, Sioux Falls

State Bar of South Dakota Committee Assignments 2025-2026

Michael Steve, Rapid City

Mark Stilwell, Spearfish

Britini Summers, Omaha NE

Trent Swanson, Sioux Falls

Timothy Thomas, Rapid City

Amy Thompson Sunderland, Omaha NE

Bobbi Thury, Sioux Falls

Rod Tobin, CH, Aberdeen

Michael Traxinger, Claremont

Nicole Tupman, Sioux Falls

Shane Vogt, Sioux Falls

Jayna Voss, Sioux Falls

Reece Weber, Rapid City

Sheila Woodward, Yankton

CLIENT ASSISTANCE FUND

Beth Baloun, CH, Sioux Falls

Amy Bartling-Jacobsen, Gregory

Matthew Naasz, Rapid City

Nancy Oviatt, Watertown

Aaron Pilcher, Huron

CONTINUING LEGAL EDUCATION

Hon. Tara Adamski, Pierre

Addyson Aguirre, Sioux Falls

Carla Cushman, Rapid City

Danny Ellis, Signal Mountain

Holly Farris, Pierre

Alecia Fuller, Rapid City

Neil Fulton, Vermillion

Renee Stellagher, Pierre

Eric Hanson, Sioux Falls

Meghann Joyce, Sioux Falls

Tom Keller, Sioux Falls

Amanda Kippley, Sioux Falls

Yvette Lafrentz, Sioux Falls

Jessica LaMie, Pierre

Jessica Larson, Rapid City

Cheryl Laurenz-Bogue, Sioux Falls

Anna Limoges, Sioux Falls

Tyler Matson, Yankton

Gerald McCabe, Claremont

Amanda Miiller, Pierre

Hon. Sarah Morrison, Rapid City

Tamara Nash, CH, Vermillion

Melissa Neville, Aberdeen

Howard Pallotta, Pierre

Hon. Bob Pesall, Flandreau

Mitch Peterson, Sioux Falls

Erica Ramsey, Sioux Falls

Victoria Reker, Sioux Falls

Matthew Roby, Watertown

Gabriele Sayaloune, Rapid City

Catherine Seeley, Pierre

Mrg Simon, Glen Rose, TX

Traci Smith, Sioux Falls

Anthony Sutton, Sioux Falls

Jason Sutton, Sioux Falls

Tony Teesdale, Brookings

Jeff Tronvold, Pierre

Nicole Tupman, Sioux Falls

Jennifer Williams, Rapid City

Joseph Williams, Hill City

Terri Williams, Rapid City

CONSTRUCTION LAW

Ross Aldentaler, Aberdeen

Eric Bogue, Sioux Falls

Jeff Collins, Rapid City

Katelyn Cook, Rapid City

Jackson Dziedzic, Sioux Falls

Greg Erlandson, Rapid City

Aidan Goetzinger

Cheryl Laurenz-Bogue

Jeremy Lund, Aberdeen

Jonathan McCoy, Rapid City

Anthony Osborn, Sioux City

Jason Smiley, CH, Rapid City

Michael Tobin, Sioux Falls

Paul Tschetter, Sioux Falls

Gregory Wheeler, Sioux Falls

CRIMINAL LAW

Jason Adams, Sioux Falls

Jenn Albertson, Rapid City

Ross Aldentaler, Aberdeen

Mark Anderson, Aberdeen

Alison Bakken, Watertown

Kylie Beck, Sioux Falls

Kelsey Blair, Rapid City

Robert Bolger, Sioux Falls

Michele Bordewyk, Sturgis

Gregory Brazeal, Vermillion

Leslie Bryson, Sturgis

Aisha Carr, Valentine NE

Amber Cook, Rapid City

Jacob Dempsey, Pierre

Caitlyn Dommer, Vermillion

Melissa Fiksdal, Sioux Falls

Koln Fink, Sioux Falls

Zach Flood, Mitchell

Grant Flynn, Pierre

Danielle Foiles, Sioux Falls

Alecia Fuller, Rapid City

Ellery Grey, Rapid City

Nicole Griese, Sioux Falls

John Hinrichs, Sioux Falls

Mark Hodges, Sioux Falls

Jennifer Hynek, Sioux Falls

Tanner Jackson, Sturgis

Jeremy Jehangiri, Sioux Falls

Christian Jensen, Sioux Falls

Derrick Johnson, Berookings

George Johnson, Gregory

Katie Johnson, Beresford

Amanda Kippley, Sioux Falls

Dylan Kirchmeier, Sisseton

Heather Knox, Rapid City

Ryan Kolbeck, Co-CH, Sioux Falls

Mathew Laidlaw, Rapid City

Jessica LaMie, Pierre

Candice Lucklum, Rapid City

Jeremy Lund, Aberdeen

Katie Mallery, Sioux Falls

KyLee Manthei, Sioux Falls

Tyler Matson, Yankton

Cassandra McKeown, Vermillion

John Murphy, Rapid City

Gina Nelson, Rapid City

Robert Pasqualucci, Rapid City

Cody Raterman, Sioux Falls

Erica Reber, Sioux Falls

Kristopher Reed, Canton

Whit Reed, Sioux Falls

Amber Richey, Deadwood

Lara Roetzel, Rapid City

Martha Rossiter, Rapid City

Jason Rumpca, Pierre

James Sadkovich, Sioux Falls

Olivia Siglin, Co-CH, Rapid City

Traci Smith, Sioux Falls

Katie Thompson, Pierre

Sarah L. Thorne, Pierre

Daniel Van Gorp, Kadoka

State Bar of South Dakota Committee Assignments 2025-2026

Brett Waltner, Sioux Falls

Nolan Welker, Pierre

Amanda Work, Pierre

Colleen Zea, Sioux Falls

DEBTOR-CREDITOR

Stan Anker, Rapid City

Thomas Ashby, Omaha, NE

Jim Cremer, Aberdeen

Patrick Dougherty, Sioux Falls

Jordan Feist, Sioux Falls

Keith Gauer, Sioux Falls

Bob Hayes, Sioux Falls

Anthony Hohn, CH, Sioux Falls

Steve Huff, Yankton

David Jencks, Madison

Robert Meadors, Sioux Falls

Dylan Miller, Yankton

Sander Morehead, Sioux Falls

Nicholas Moser, CH, Yankton

Robert Nelson, Sioux Falls

Lee Ann Pierce, Brookings

Nick Ramos, Sioux Falls

John Richter, Pierre

Eric Ronke, Sioux Falls

Kristina Schaefer, Sioux Falls

Michael Steve, Rapid City

Torrey Sundall, Sioux Falls

Brian Utzman, Rapid City

Kiira Weber, Sioux Falls

Anne Weyer, Sioux Falls

Lea Wroblewski, Sioux Falls

DIVERSITY & INCLUSION

Timothy Billion, Sioux Falls

Abby Breit, Sioux Falls

Amber Cook, Rapid City

Kristin Derenge, Sioux Falls

Jennifer Doubledee, Sioux Falls

Emily Easton, Pierre

Hon. Francy Foral, Sturgis

Neil Fulton, Vermillion

Renee Stellagher, Pierre

Tyler Haigh, Sioux Falls

Wendy Hess, Vermillion

Cesar Juarez, Sioux Falls

Denise Langley, Pierre

James Leach, Rapid City

Jonathon Leddige, Sioux Falls

Tamara Nash, Vermillion

Mali Oyen, Rapid City

Mae Pochop, Sioux Falls

Stephanie Pochop, Gregory

Alison Ramsdell, Sioux Falls

Lara Roetzel, Rapid City

Jillian Smith, Rapid City

Lori Stanford, Sioux Falls

Amanda Work, Pierre

Lea Wroblewski, Sioux Falls

EDUCATION LAW

Brett Arenz, Co-CH, Sioux Falls

Michele Bennett, Huron

Tyler Coverdale, Sioux Falls

Holly Farris, Pierre

Jessica Filler, Pierre

AJ Franken, Vermillion

Tracy Greene, Co-CH, Brookings

Gerald Kaufman, Huron

Samuel Kerr, Rapid City

Amanda LaCroix, Pierre

Nathan Lukkes, Pierre

Lisa Marso, Sioux Falls

Scott Morstad, Sioux Falls

Howard Pallotta, Pierre

Kelsey Parker, Rapid City

Rex Schlicht, Mitchell

Paul Sedlacek, Rapid City

Catherine Seeley, Pierre

James Taylor, Mitchell

Sheila Woodward, Yankton

ELDER LAW

Cameo Anders, CH, Sioux Falls

Brenda Ask, Canton

Kate Bartell Nowak, Sioux Falls

Elliot Bloom, Rapid City

Brandon Booth, Sioux Falls

Erika Campbell, Northfield, MN

Jessica Carmichael, Belle Fourche

T. Cale Fierro, Rapid City

Carla Glynn, Aberdeen

Eric Hanson, Sioux Falls

Lindsay Harris, Sioux Falls

Lane Haskell, Sioux Falls

Laura Hauser, Rapid City

John Heisler, Sioux Falls

Alex Hoffman, Sioux Falls

Hon. Janine Kern, Rapid City

Brian Kirby, Sioux Falls

Andrew Knutson, Sioux Falls

Lisa Maguire, Sioux Falls

Robert Martin, Rapid City

Eric Matt, Sioux Falls

Robert Nelson, Sioux Falls

Nancy Oviatt, Watertown

Greg Peterson, Aberdeen

Michael Porter, Spearfish

Joan Powell, Gettysburg

Gabriele Sayaloune, Rapid City

Ali Schaefbauer, Rapid City

Mallory Schulte, Yankton

Michael Sharp, Emery

Thomas Simmons, Vermillion

Nathan Drew Skjoldal, Spearfish

Douglas Thesenvitz, Sioux Falls

McLean Thompson Kerver, Rapid City

Bobbi Thury, Sioux Falls

Jennifer Tomac, Rapid City

Jerad Tomac, Rapid City

Kristi Vetri, O Fallon, IL

Stephen Wesolick, Rapid City

Sarah Weyrich, Rapid City

Rebecca Wilson, Sioux Falls

ETHICS

Cameo Anders, Sioux Falls

James Billion, Sioux Falls

Jeffrey Bratkiewicz, Sioux Falls

Jennifer Bunkers, Sioux Falls

Tracey Dollison Decker, Rapid City

Kimberly Dorsett, Aberdeen

Dan Fritz, Sioux Falls

Alecia Fuller, Co-CH Rapid City

Christopher Madsen, Sioux Falls

Donald McCarty, Brookings

Ashley McDonald, Spearfish

Dylan Miller, Yankton

Sander Morehead, Co-CH, Sioux Falls

Kimberly Pehrson, Rapid City

Mike Schaffer, Sioux Falls

Thomas Simmons, Vermillion

Ryan Snell, Sioux Falls

State Bar of South Dakota Committee Assignments 2025-2026

Cassidy Stalley, Rapid City

Sara Waeckerle, Rapid City

Owen Wiese, Rapid City

EVIDENCE

Alison Bakken, Watertown

Kylie Beck, Sioux Falls

Josey Blare, Sioux Falls

Michele Bordewyk, Sturgis

Renee Christensen, Sioux Falls

Hon. Natalie Damgaard, Canton

Tracey Dollison Decker, Rapid City

Jackson Dziedzic, Sioux City

Danny Ellis, Signal Mountain

Edwin Evans, Sioux Falls

Aidan Goetzinger, Rapid City

Bradley Gordon, Rapid City

Ellery Grey, Rapid City

Nicole Griese, Sioux Falls

John Hinrichs, Sioux Falls

William Hustead, Hot Springs

Chris Hutton, Philadelphia, PA

Jennifer Hynek, Sioux Falls

Jeremy Jehangiri, Sioux Falls

Garrett Keegan, Rapid City

Mathew Laidlaw, Rapid City

Mandy Miiller, Pierre

Dylan Miller, Yankton

Matthew Murphy, CH, Sioux Falls

Katie O‘Leary, Sioux Falls

Eric Preheim, Sioux Falls

Lindsey Quasney, Sioux Falls

Kristopher Reed, Canton

Laura Rose, Vermillion

Martha Rossiter, Rapid City

Clint Sargent, Sioux Falls

Rex Schlicht, Mitchell

Catherine Seeley, Pierre

Hon. Janki Sharma, Rapid City

Olivia Siglin, Rapid City

Michael Snyder, Sioux Falls

Gary Thimsen, Sioux Falls

Caleb Vukovich, Pierre

Karly Winter, Pierre

FAMILY LAW

Stephanie Amiotte, Sioux Falls

Taylor Anderson, Sioux Falls

Beth Baloun, Sioux Falls

Jodi Brown, Aberdeen

Mary Burd, Sioux Falls

Jonathan Chapman, Sioux Falls

Carla Glynn, Aberdeen

Jennifer Goldammer, Brookings

Hannah Haksgaard, Vermillion

Thomas Keller, Sioux Falls

Kristen Kochekian, Redfield

Kyle Krause, Rapid City

Denise Langley, Pierre

KyLee Manthei, Sioux Falls

Tyler Matson, Yankton

Chris McClure, Sioux Falls

George Nelson, Rapid City

Melissa Neville, Aberdeen

Melissa Nicholson Breit, Sioux Falls

Steven Nolan, Rapid City

Kari Nordstrom, Rapid City

Kaleb Paulsen, Sioux Falls

Rachel Preheim, Sioux Falls

Whitney Reed, Sioux Falls

Kylie Riggins, Rapid City

Beth Roesler, Sioux Falls

Elizabeth Rosenbaum, Sioux City, IA

Eric Schlimgen, Spearfish

Michael Tobin, Sioux Falls

Marilyn Trefz, Vermillion

Brett Waltner, Sioux Falls

Christi Weideman, Aberdeen

Mindy Werder, Sioux Falls

Dava Wermers, Mitchell

Kellen Willert, Belle Fourche

Terri Williams, CH, Rapid City

Murl Woods, Rapid City

Joshua Zellmer, Sioux Falls

IMMIGRATION LAW

Amanda Bahena, Sioux Falls

Deborah Birgen, Sioux Falls

Jonathon Chapman, Sioux Falls

Jacob Dempsey, Pierre

Ilisja Duffy, Rapid City

Casey Eekhoff, Sioux Falls

Henry Evans, Sioux Falls

Janice Godtland, Sioux Falls

Sandi Haeuszer, Sioux Falls

Pradeep Jayaraman, Sioux Falls

Anna Kerner Andersson, Burke

Ellina Oniscuic, Sioux Falls

Mali Oyen, Rapid City

Rex Schlicht, Mitchell

Kari Scofield, CH, Sioux Falls

INDIAN LAW

Kirk Albertson, CH Pierre

Stephanie Amiotte, Sioux Falls

Tim Billion, Sioux Falls

Josey Blare, Sioux Falls

Ruth Burns, Agency Village

Aisha Carr, Valentine

Leonika Charging-Davison, Omaha

Kyle Chase, Sioux Falls

Raegan Chavez, North Sioux City

Jacob Dempsey, Pierre

Cara DiMare, McLaughlin

Angelique EagleWoman, Prior Lake, MN

Shaun Eastman, Eden

Margaret Egan, Rapid City

Hon. Robert Gusinsky, Rapid City

Stacy Hegge, Pierre

Pete Heidepriem, Sioux Falls

Alayna Holmstrom, Sioux Falls

Brendan Johnson, Sioux Falls

Garrett Keegan, Rapid City

Leroy LaPlante, Sioux Falls

Candice Lucklum, Rapid City

Danielle McQuillen, Aberdeen

Lorrie Miner, Lower Brule

Tom Mortland, Mission

Lacy Neuenfeldt, Flandreau

Mali Oyen, Rapid City

Seth Pearman, Flandreau

Frank Pommersheim, Vermillion

Alison Ramsdell, Sioux Falls

Matt Rappold, Rapid City

Laura Rowe, Pierre

Thomas Simmons, Vermillion

Jillian Smith, Rapid City

Lori Stanford, Sioux Falls

Anthony Sutton, Sioux Falls

Thad Titze, Sioux Falls

Ann Tweedy, Vermillion

Ron Volesky, Huron

JUDICIAL BAR LIAISON

State Bar of South Dakota Committee Assignments 2025-2026

Robert Anderson, Pierre

Erin Oster, Sioux Falls

Renee Christensen, Sioux Falls

Jeff Collins, Rapid City

Dennis Duncan, Sioux Falls

Edwin Evans, Sioux Falls

Hon. Francy Foral, Sturgis

William Garry, Sioux Falls

Carla Glynn, Aberdeen

Anthony Hohn, Sioux Falls

Gary Jensen, Rapid City

Hon. Steven Jensen, Vermillion

Stacy Johnson, Aberdeen

Hon. Janine Kern, Rapid City

Laura Korson, Hermosa

Emily Maurice, Sioux Falls

Hon. Carmen Means, CH, Watertown

Amanda Miiller, Pierre

Ann Mines-Bailey, Pierre

Sarah Morrison, Rapid City

Thomas Nicholson, Sioux Falls

Stephanie Pochop, Gregory

Hon. James Power, Sioux Falls

Lisa Prostrollo, Sioux Falls

James Sadkovich, Sioux Falls

Clint Sargent, Sioux Falls

Greg Sattizahn, Pierre

Erin Schoenbeck Byre, Sioux Falls

Nathan Drew Skjoldal, Spearfish

Hon. Patrick Smith, Mitchell

Justin Smith, Sioux Falls

Hon. Robert Spears, Watertown

Hon. Marya Tellinghuisen, Fort Pierre

Caleb Vukovich, Pierre

Roy Wise, Aberdeen

Joshua Zellmer, Sioux Falls

Ex-Officio:

Mae Pochop, YLS President

LABOR & EMPLOYMENT LAW

Susan Anderson, Rapid City

Mallori Barnett, Pierre

Mariah Bloom-McNeece, Aberdeen

Catherine Cano, Omaha, NE

Jonathan Chapman, Sioux Falls

Carla Cushman, Rapid City

Kimberly Dorsett, Aberdeen

Jennifer Doubledee, Sioux Falls

T. Cale Fierro, Rapid City

Jennifer Frank, Rapid City

Travis Hindt, Sioux Falls

Sarah Baron Houy, Sioux Falls

Julie Johnson, Ipswitch

Lisa Marso, Sioux Falls

Jerry McCabe, Claremont

Nichole Mohning, Sioux Falls

Amber Mulder, Sioux Falls

Beth Roesler, Sioux Falls

Brooke Schmidt, Sioux Falls

Britni Summers, Omaha NE

Amy Thompson Sunderland, Omaha NE

LAW SCHOOL

Taylor Anderson, Sioux Falls

Erin Oster, Sioux Falls

Beth Baloun, Sioux Falls

Hon. Douglas Barnett, Sioux Falls

Natalie Damgaard, Sioux Falls

Shon Dougherty, Sioux Falls

Edwin Evans, Sioux Falls

Holly Farris, Pierre

Anne Marie Feiock, Sioux Falls

Thomas Frieberg, Beresford

Robert Hayes, Sioux Falls

Hon. Douglas Hoffman, Sioux Falls

Anthony Hohn, Sioux Falls

Alayna Holstrom, Sioux Falls

William Hustead, Hot Springs

Hon. Steven Jensen, Vermillion

Darrell Jesse, Dakota Dunes

Dylan Kirchmeier, Wilmot

Anna Limoges, Sioux Falls

Hon. Marshall Lovrien, Aberdeen

Brittany McKnight, Brookings

Bob Morris, Belle Fourche

Tamara Nash, Vermillion

Hon. Margo Northrup, Pierre

Hon. Craig Pfeifle, Rapid City

Aaron Pilcher, Huron

Dan Rafferty, Yankton

Reed Rasmussen, Aberdeen

Erica Reber, Sioux Falls

Pamela Reiter, Sioux Falls

Beth Roesler, Sioux Falls

Hon. Susan Sabers, Sioux Falls

Clint Sargent, Sioux Falls

Greg Sattizahn, Pierre

Eric Schulte, Sioux Falls

Catherine Seeley, Pierre

Jillian Smith, Rapid City

Caroline Srstka, Sioux Falls

Kristen Taggart, Colman

Tony Teesdale, Brookings

Sarah Theophilus, Sioux Falls

Thad Titze, Sioux Falls

Paul Tschetter, CH, Sioux Falls

Kiira Weber, Sioux Falls

LAWYERS ASSISTANCE

Deborah Birgen, Sioux Falls

Leah Ceranski

Thomas Clayton, Sioux Falls

Emily Easton, Pierre

Todd Epp, Harrisburg

Henry Evans, Sioux Falls

Dan Fritz, Sioux Falls

Gregg Greenfield, Sioux Falls

Scott Hoy, Co-CH Sioux Falls

George Johnson, Co-CH, Gregory

Cesar Juarez, Sioux Falls

Lon Kouri, Sioux Falls

Renae Kruse, Sioux Falls

Robert Lewis, Rapid City

Emily Maurice, Sioux Falls

Michael McKnight, Co-CH, Sioux Falls

Jana Miner, Pierre

Stephanie Pochop, Gregory

Rebecca Porter, Rapid City

Vincent Purtell, Sioux Falls

Michelle Randall, Sioux Falls

Matthew Roby, Watertown

Barry Sackett, Sioux Falls

Mrg Simon, Sioux Falls

Traci Smith, Sioux Falls

LEGAL SERVICES

Jodi Brown, Aberdeen

Leah Ceranski, Rapid City

Kimberly Dorsett, Aberdeen

William Garry, Sioux Falls

Sarah Baron Houy, Rapid City

Steven Huff, Yankton

Taneeza Islam, Sioux Falls

Heather Lammers Bogard, Rapid City

Denise Langley, Pierre

State Bar of South Dakota Committee Assignments 2025-2026

Cassandra McKeown, Vermillion

Annemarie Michaels, Rosebud

Tom Mortland, Mission

Rebekkah Mouw, CH, Sioux Falls

Reed Rasmussen, Aberdeen

Robert Riter, Pierre

Lori Stanford, Sioux Falls

James Taylor, Mitchell

Katie Thompson, Pierre

Marilyn Trefz, Vermillion

Murl Woods, Rapid City

NATURAL RESOURCES

& ENVIRONMENTAL LAW

Deb Birgen, Sioux Falls

Steven Blair, Rapid City

Elliott Bloom, Rapid City

Ruth Burns, Agency Village

Kristen Edwards, Pierre

Bruce Ellison, Rapid City

Todd Epp, Harrisburg

Anne Marie Feiock, Sioux Falls

Dwight Gubbrud, CH, Belle Fourche

Brett Koenecke, Pierre

Jessica Larson, Rapid City

Max Main, Bell Fourche

Matthew Naasz, Rapid City

Wade Nyberg, Rapid City

Jess Pekarski, Rapid City

Matthew Pesicka, Sioux Falls

William Taylor, Sioux Falls

Kellen Willert, Belle Fourche

Richard Williams, Rapid City

Tracy Ann Zephier, Eagle Butte

NEGLIGENCE AND TORT LAW

Douglas Abraham, Pierre

Michael Bornitz, Sioux Falls

Renee Christensen, Co-CH, Sioux Falls

Katie Cook, Rapid City

Stephen Demik, Rapid City

Eric DeNure, Sioux Falls

Jackson Dziedzic, Sioux City

Zach Flood, Mitchell

Pete Heidepriem, Sioux Falls

Elizabeth Hertz, Sioux Falls

John Hinrichs, Sioux Falls

Kathy Hoskins, Sioux Falls

Keely Kleven, Rapid City

Kim Lanham, Sioux Falls

Jolene Nasser, Co-CH Sioux Falls

Erica Ramsey, Sioux Falls

Erin Schoenbeck Byre, Sioux Falls

Roger Sudbeck, Sioux Falls

Heidi Thoennes, Sioux Falls

Brett Waltner, Sioux Falls

Bram Weidenaar, Sioux Falls

Mark Welter, Sioux Falls

Jennifer Wosje, Sioux Falls

PATTERN JURY INSTRUCTIONSCIVIL

Erin Oster, Sioux Falls

Hon. John Bastian, Belle Fourche

Gregory Bernard, Rapid City

Nancy Turbak Berry, Watertown

Josey Blare, Sioux Falls

Michael Bornitz, Sioux Falls

John Burke, Rapid City

Renee Christensen, Sioux Falls

Stephen Demik, Rapid City

Delia Druley, Sioux Falls

Joe Erickson, Watertown

Abigale Farley, Sioux Falls

Aidan Goetzinger, Rapid City

Pete Heidepriem, Sioux Falls

David Hieb, Sioux Falls

Hon. Douglas Hoffman, Sioux Falls

Andrew Hurd, Sioux Falls

Jeffrey Hurd, CH, Rapid City

David Jencks, Madison

Anna Limoges, Sioux Falls

Ashley McDonald, Rapid City

Steven Morgans, Sioux Falls

Rebekkah Mouw, Sioux Falls

George Nelson, Rapid City

Sara Show, Sioux Falls

Michael Smith, Vermillion

Hon. Richard Sommers, Aberdeen

Philip Stiles, Rapid City

Thad Titze, Sioux Falls

Matthew Tysdal, Sioux Falls

Shane Vogt, Sioux Falls

Lora Waeckerle, Rapid City

Alex Weiss, Rapid City

Jennifer Wosje, Sioux Falls

PATTERN JURY INSTRUCTIONSCRIMINAL

Jason Adams, Sioux Falls

Hon. Tara Adamski, Fort Pierre

Kirk Albertson, Pierre

Alison Bakken, Watertown

Kyle Beauchamp, Rapid City

Kylie Beck, Sioux Falls

Hon. Tami Bern, Yankton

Kelsey Blair, Rapid City

Robert Bolger, Sioux Falls

Michele Bordewyk, Sturgis

Caitlyn Griese, Sioux Falls

Amanda Eden, Canton

Koln Fink, Sioux Fall

Danielle Foiles, Sioux Falls

Stephen Gemar, Pierre

Nicole Griese, Sioux Falls

Stacy Hegge, Pierre

Mark Hodges, Sioux Falls

Jennifer Hynek, Sioux Falls

Christian Jensen, Sioux Falls

Derrick Johnson, Brookings

Heather Knox, Rapid City

Mathew Laidlaw, Rapid City

Hon. Jennifer Mammenga, Co-CH, Sioux Falls

Cullen McNeece, Pierre

Alexa Moeller, Rapid City

Hon. Sarah Morrison, Rapid City

Gina Nelson, Rapid City

Katie Oleary, Sioux Falls

Seth Petersonstuart, Beresford

Lindsey Quasney, Sioux Falls

Lindsey Riter-Rapp, Pierre

Martha Rossiter, Rapid City

Cody Raterman, Sioux Falls

Kristopher Reed, Canton

Jason Rumpca, Pierre

James Sadkovich, Sioux Falls

Hon. Janki Sharma, Rapid City

Olivia Siglin, Rapid City

Michael Smith, Vermillion

Hon. Richard Sommers, Aberdeen

Carrie Srtska, Sioux Falls

Daniel Van Gorp, Pierre

Caleb Vulovich, Pierre

Nolan Welker, Pierre

State Bar of South Dakota Committee Assignments 2025-2026

Austin Hoffman, Eureka

William Hustead, Hot Springs

Chelsea Wenzel, Co-CH, Pierre

Eric Whitcher, Rapid City

Wendy Kloeppner, Sioux Falls

PRACTICE RULES REVISION

John Burke, CH, Rapid City

Ed Carpenter, Rapid City

Jeff Collins, Rapid City

Delia Druley, Sioux Falls

Aaron Eiesland, Rapid City

Danny Ellis, Signal Mountain

Joel Engel, Sioux Falls

Gregory Erlandson, Rapid City

Shannon Falon, Sioux Falls

Abigale Farley, Sioux Falls

Gregory Grajczyk, Milbank

Hon. Sandra Hanson, Sioux Falls

Jeffrey Hurd, Rapid City

Hon. John Sogn, Sioux Falls

Ashley McDonald, Rapid City

Sander Morehead, Sioux Falls

Jason Sutton, Sioux Falls

Gary Thimsen, Sioux Falls

Matthew Tysdal, Sioux Falls

Lora Waeckerle, Rapid City

Chelsea Wenzel, Pierre

Colleen Zea, Sioux Falls

Ex-Officio:

Shirley Jameson-Fergel, Pierre

PROJECT RURAL PRACTICE

Ashley Anson, White Lake

Amy Bartling, Gregory

Turner Blasius, Pierre

Aisha Carr, Valentine NE

Ryan Cwach, Bloomfield, NE

Hon. David Gilbertson, Pierre

Dennis Duncan, Sioux Falls

Kristian Ellendorf, Howard

Dennis Evenson, Clear Lake

Danielle Foiles, Sioux Falls

Thomas Frieberg, Beresford

Dusty Ginsbach, Buffalo

Patrick Goetzinger, Co-CH, Rapid City

Hannah Haksgaard, Vermillion

Teramie Hill, Vermillion

Amy Jo Janssen, Kennebec

Derrick Johnson, Scotland

Mason Juracek, Winner

Dylan Kirchmeier, Sisseton

Kristen Kochekian, Redfield

Kirby Krogman, White River

Denise Langley, Pierre

David Larson, Chamberlain

Cheryl Laurenz-Bogue, Sioux Falls

Rachel Mairose, Plankinton

Cody Miller, Madison

Bob Morris, Belle Fourche

Thomas Mortland, Mission

Rachelle Norberg, Co-CH, Burke

Zach Pahlke, Winner

Shane Penfield, Lemmon

Hon. Bob Pesall, Flandreau

Scott Peterson, Valentine, NE

Aaron Pilcher, Huron

Victor Rapkoch, Britton

Cole Romey, Hot Springs

Austin Schaefer, Hot Springs

Jackson Schwandt, Milbank

Danny Smeins, Britton

Caroline Srstka, Sioux Falls

Kelsey Stock, Ortonville, MN

Kelsea Sutton, Burke

James Taylor, Mitchell

Sarah Thorne, Pierre

Stephanie Trask, Phillip

Jeff Tronvold, Pierre

Daniel Van Gorp, Kadoka

Cassie Wendt, Phillip

Amanda Work, Pierre

SOLO AND SMALL FIRM

Corey Bruning, Flandreau

Erika Campbell, Northfield, MN

Lisa Carrico, Watertown

Nathan Chicoine, Co-CH, Rapid City

Olin Clyne, Sioux Falls

Sarah Covington, Summerset

James Craig, Sioux Falls

Kristian Ellendorf, Howard

Henry Evans, Sioux Falls

Vincent Foley, Watertown

Gregory Grajczyk, Milbank

Richard Johnson, Sioux Falls

Katie Johnson, Co-CH, Beresford

Thomas Keller, Sioux Falls

Kristen Kochekian, Redfield

Scott Kuck, Aberdeen

David Larson, Chamberlain

Rachel Mairose, Plankinton

Chris McClure, Sioux Falls

George Nelson, Rapid City

Langu Okall, Sioux Falls

Katie Oleary, Sioux Falls

Nicole Phillips, Sioux Falls

Aaron Pilcher, Huron

Michael Porter, Spearfish

Mallory Schulte, Yankton

Mrg Simon, Glen Rose, TX

Danny Smeins, Britton

Kirsten Taggart, Colman

Tony Teesdale, Brookings

Katie Thompson, Pierre

Shane Vogt, Sioux Falls

Joseph Williams, Hill City

Terri Williams, Rapid City

Sheila Woodward, Yankton

STRATEGIC PLAN

Richard Casey, Co-CH, Sioux Falls

Hon. Francy Foral, Sturgis

Thomas Frieberg, Beresford

Patrick Goetzinger, Rapid City

Taneeza Islam, Sioux Falls

Hon. Janine Kern, Rapid City

Samuel Kerr, Rapid City

Emily Maurice, Sioux Falls

Melissa Neville, Aberdeen

Alison Ramsdell, Sioux Falls

Pamela Reiter, Sioux Falls

Rod Tobin, Aberdeen

Jennifer Williams, Co-CH, Rapid City

Colleen Zea, Sioux Falls

Ex-Officio:

Steve Blair, BC Rep.

Paul Cremer, Executive Director

Neil Fulton, USD Law Dean

Mark Haigh, 26-27’ President Elect

Stacy Johnson, BC Rep.

John Richter, SBSD President

State Bar of South Dakota Committee Assignments 2025-2026

Carrie Sanderson, SPC

Tony Teesdale, BC Rep.

Lora Waeckerle, YLS President-Elect

VETERANS COMMITTEE

Kirk Albertson, Pierre

Leslie Bryson, Sturgis

Craig Evenson, Clear Lake

Travis Hindt, Co-CH, Sioux Falls

Edward Hruska, Pierre

Christian Jensen, Sioux Falls

Darrell Jesse, Dakota Dunes

Amanda Kippley, Sioux Falls

Karla MacArthur-Harris, Rapid City

Donald McCarty, Brookings

Jonathon McCoy, Rapid City

Bob Morris, Belle Fourche

David Natvig, Kimball

Jonathan Olson, Sioux Falls

Kaleb Paulsen, Co-CH, Sioux Falls

Alice Rokahr, Sioux Falls

Tracye Sherrill, Sioux Falls

Melissa Sommers, Sioux Falls

Hon. Robert Spears, Watertown

Hon. Greg Stoltenburg, Brookings

James Sword, Hot Springs

John Taylor, Sioux Falls

Sarah Sharp Theophilus, Sioux Falls

Gary Thimsen, Sioux Falls

Kellen Willert, Belle Fourche

WOMEN IN LAW

Robin Aden, Sioux Falls

Jenn Albertson, CH, Rapid City

Taylor Anderson, Sioux Falls

Ellie Bailey, Pierre

Deborah Birgen, Sioux Falls

Kelsey Blair, Rapid City

Megan Borchert, Sioux Falls

Ruth Burns, Agency Village

Erika Campbell, Northfield, MN

Jessica Carmichael, Belle Fourche

Leah Ceranski, Rapid City

Ashlee Christensen, Sioux Falls

Jenna Christensen, Omaha NE

Amber Cook, Rapid City

Karen Cremer, Pierre

Hon. Natalie Damgaard, Sioux Falls

Tracey Dollison Decker, Rapid City

Caitlyn Dommer, Vermillion

Elizabeth Duffy, Sioux Falls

Shaun Eastman, Eden

Emily Easton, Pierre

Abigale Farley, Sioux Falls

Hon. Sandra Hanson, Sioux Falls

Stacy Hegge, Pierre

Laura Hofer, Sioux Falls

Ann Hoffman, Sioux Falls

Alayna Holstrom, Sioux Falls

Aleesa Jansick, Sioux Falls

Suzanne Jones Pranger, Sioux Falls

Wendy Kloeppner, Sioux Falls

Amy Koenig, Rapid City

Laura Korson, Hermosa

Amanda LaCroix, Pierre

Yvette Lafrentz, Sioux Falls

Jessica LaMie, Pierre

Candice Lucklum, Rapid City

KyLee Manthei, Sioux Falls

Wendy McGowan, Rapid City

Brittany McKnight, Brookings

Sarah Morrison, Rapid City

Amber Mulder, Sioux Falls

Gina Nelson, Rapid City

Paige Petersen, Co-CH, Sioux Falls

Nicole Phillips, Sioux Falls

Mae Pochop, Sioux Falls

Stephanie Pochop, Gregory

Alison Ramsdell, Flandreau

Erica Ramsey, Sioux Falls

Lara Roetzel, Rapid City

Gabriele Sayaloune, Rapid City

Kristina Schaefer, Sioux Falls

Erin Schoenbeck Byre, Sioux Falls

Mallory Schulte, Yankton

Renee Stellagher, Pierre

Kelsey Stock, Ortonville MN

Kiira Weber, Sioux Falls

Christi Weideman, Aberdeen

Sarah Weyrich, Rapid City

Murl Woods, Rapid City

Amanda Work, Pierre

Lea Wroblewski, Sioux Falls

Rosa Yaeger, Pierre

WORKERS COMPENSATION

Jami Bishop, CH, Sioux Falls

Jenna Christensen, Omaha NE

Kerri Cook Huber, Rapid City

Zach Flood, Mitchell

Julie Johnson, Mina

Margo Julius, Rapid City

Charles Larson, Sioux Falls

James Leach, Rapid City

Brad Lee, Rapid City

Rebecca Mann, Rapid City

James Marsh, Tripp

John McCoy, Rapid City

Jolene Nasser, Sioux Falls

Tracye Sherrill, Sioux Falls

Jeff Shultz, Sioux Falls

Justin Smith, Sioux Falls

Matthew Tysdal, Sioux Falls

Bram Weidenaar, Sioux Falls

Jennifer Wosje, Sioux Falls

ATTORNEYS MITCH PETERSON & JUSTIN CLARKE

MEDIATION

Now Available at Davenport Evans

▪

▪

▪

Mitch Peterson and Justin Clarke, litigation attorneys at Davenport, Evans, Hurwitz & Smith, now offer mediation.

▪ Mitch and Justin combine nearly 40 years of experience in many areas of litigation practice, including commercial transactions and business disputes, personal injury cases for both plaintiffs and defendants, and construction litigation. Mitch also has significant experience in employee mobility issues, ownership and control litigation, and other employment matters. Justin has significant experience in workers’ compensation matters.

▪ Mitch offers services as a mediator, arbitrator, and neutral. He completed certified mediation training through the Mediation Center in Minneapolis, Minnesota, and is now a Qualified Neutral.

▪ Justin offers services as a mediator, arbitrator, and neutral. Justin will undergo certified mediation training with the Harvard Mediation Intensive at Harvard Law School in June.

▪ Mitch and Justin aim to bring years of experience in the courtroom and counseling clients to help others resolve lawsuits, disputes, and other problems through mediation.

AREAS OF PRACTICE

Mitch Peterson

Land

Trust

Contact a lawyer:

(605) 336-2880

info@dehs.com davenportevans.com

Insurance Coverage Issues for Lawyers in the Era of Generative AI

Authored by: Mark Bassingthwaighte, Risk Manager

I am one who can admit when I’m wrong. A few years ago, I was convinced the Metaverse was going to be a big deal, eventually even significantly impacting how lawyers would interact with their clientele. Oops. Got that one wrong. Well, at least for the time being. However, one thing I did get right was realizing how significant generative AI would become, how fast its adoption would be, and how much of its potential yet remains to be developed.

When it comes to generative AI the future is here and lawyers in firms of every shape and size are finding ever more creative ways to tap into its potential. Like me, these lawyers see the benefits of these technologies. Of course, as with all things tech related, lawyers also have an ethical obligation to explore and understand the associated risks of any tech deployed in a law practice. I suspect it’s because of what I do for a living, but as I see it, in order to fully understand the associated risks of deploying generative AI, one mustn’t forget to look into the associated insurance coverage implications. Thus, the following are a few key considerations lawyers should keep in mind when integrating generative AI into their practice.

• Malpractice Involving AI Output

At the time of this writing, lawyers’ professional liability (LPL) policies typically do not exclude coverage for claims alleging negligence arising as a result of the use of generative AI. That said, coverage may depend on whether the conduct at issue meets the policy’s definition of “professional services.” Don’t assume that it always will. Currently, a well-known risk with generative AI is the hallucination problem. What if an AI tool produces

a fake, incorrect, or misleading response and a lawyer relies on the accuracy of the output? Yes, a negligence claim might follow, but would it be a covered claim? The answer could be no.

If this lawyer is unable to demonstrate that she exercised reasonable care and due diligence with her use of the AI tool, then an insurer could argue that no professional service was ever provided because the lawyer simply chose to blindly rely on third-party technology. No professional service means no coverage; and unfortunately, the coverage analysis doesn’t stop there. If the subject lawyer did make a deliberate decision to blindly accept the output as accurate, this act might also trigger a policy’s intentional act exclusion.

A risk management takeaway is lawyers must always accept accountability and responsibility for all AIgenerated output by validating the accuracy of outputs. Understand that a lawyer’s duties of competence and diligence can never be delegated to a machine. It’s as simple as that.

• AI Interfacing with Clients or the General Public

If a law firm markets AI-generated content or tools (e.g., an online chatbot or a DIY legal form generator) directly to clients or the public and a malpractice claim arose out of that service, would this be a covered claim? Here again, depending upon the specifics of the situation and the jurisdiction in which the alleged negligence occurred, the answer could well be no for two reasons. First, if firm lawyers allowed the AI to make critical

legal judgements without attorney oversight, this could be viewed as the unauthorized practice of law, and LPL policies typically exclude coverage for the unauthorized practice of law. Second, the lack of attorney oversight also implies that no professional services were rendered by an attorney; and as you now know, no professional service means no coverage. In short, over-reliance on an AI tool, or allowing it to make legal decisions without attorney oversight can create unintended consequences. A risk management takeaway is to exercise caution when deploying AI tools that interact directly with the public and/or clients because a lawyer’s duty to supervise and review all work remains paramount. The fact that an AI Tool is a non-human member of the “staff” makes not one iota of a difference.

• Confidentiality and Data Security

Feeding sensitive or confidential client information into a generative AI tool, especially one that is cloud-based and accessible to the public or not specifically designed for secure use by legal professionals, could result in a data breach or unauthorized access to this client information potentially giving rise to a claim. Again, would this be a covered claim? Under your malpractice policy, quite possibly no.

The reason is that most LPL policies have exclusions related to intentional acts or breaches of confidentiality that are not the result of a negligent act. That said, if your firm has purchased cyber liability insurance, coverage may be available under that policy depending upon the

specific circumstances of any breach. Just be aware that here too an intentional acts exclusion could come into play.

A risk management takeaway is to only use generative AI platforms that come with strict data privacy assurances, allow users to opt out from data retention, and are in compliance with your jurisdiction’s data protection regulations. And yes, this does mean you need to read and understand the terms of service before using any generative AI platform.

I hope this information helps you in any generative AI decision-making process going forward because I do believe that generative AI offers incredible opportunities for our profession, opportunities that will enhance how legal services are delivered. While these three coverage concerns aren’t the only concerns with AI, they are ones I believe every lawyer should be most aware of. As for me, I guess I’m kind of relieved the whole metaverse thing seems to have lost its steam. When I start to think about all the coverage issues with that one, it makes my head hurt. Just sayin’.

Authored by: Mark Bassingthwaighte, ALPS Risk Manager

Since 1998, Mark Bassingthwaighte, Esq. has been a Risk Manager with ALPS, an attorney’s professional liability insurance carrier. In his tenure with the company, Mr. Bassingthwaighte has conducted over 1200 law firm risk management assessment visits, presented over 400 continuing legal education seminars throughout the United States, and written extensively on risk management, ethics, and technology. Mr. Bassingthwaighte is a member of the State Bar of Montana as well as the American Bar Association where he currently sits on the ABA Center for Professional Responsibility’s Conference Planning Committee. He received his J.D. from Drake University Law School.

THE HAGEMANN-MORRIS YOUNG LAWYER MENTORSHIP COIN PROGRAM

THE STATE BAR OF SOUTH DAKOTA YOUNG LAWYERS SECTION

I. PROGRAM OBJECTIVE

The Hagemann-Morris Young Lawyer Mentorship Coin Program strives to foster mentorship within the State Bar by pairing members of the Young Lawyers Section with Mentors who can provide candid and insightful guidance to Young Lawyers as they navigate the beginning stages of their legal career. The Program hopes to:

• Foster the development of the Young Lawyers practical skills and their knowledge of legal customs;

• Create a sense of pride and integrity in the legal profession;

• Promote collegial relationships among legal professionals;

• Improve legal ability and professional judgment; and

• Encourage the use of best practices and highest ideals in the practice of law.

State Bar members are members of the Young Lawyers Section until they reach age 40 or have practiced law for ten years, whichever occurs later.

II. HOW IT WORKS

1. Young Lawyers and Mentors sign up with the State Bar by completing the online forms linked below

2. The YLS Board establishes a compatible mentorship pair.

- The YLS Board creates mentorship pairs using the information provided in the applications and reaching out to attorneys believed to be a good fit for the Young Lawyer.

- Young Lawyers may also request specific mentors or request Mentor Coins for an alreadyestablished mentorship.

3. The YLS Board will send the Young Lawyer and Mentor an informational packet with suggested conversations and activities. The Young Lawyer will also receive Mentor Coins.

4. The Young Lawyer may present a Mentor Coin to their Mentor as an invitation for mentorship and acknowledge their trust in such Mentor.

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OATH OF ATTORNEY

I DO SOLEMNLY SWEAR, OR AFFIRM, THAT:

I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND THE CONSTITUTION OF THE STATE OF SOUTH DAKOTA;

I WILL MAINTAIN THE RESPECT DUE TO COURTS OF JUSTICE AND JUDICIAL OFFICERS;

I WILL NOT COUNSEL OR MAINTAIN ANY SUIT OR PROCEEDING WHICH SHALL APPEAR TO ME TO BE UNJUST, NOR ANY DEFENSE EXCEPT SUCH AS I BELIEVE TO BE HONESTLY DEBATABLE UNDER THE LAW OF THE LAND;

I WILL EMPLOY FOR THE PURPOSE OF MAINTAINING THE CAUSES CONFIDED TO ME SUCH MEANS ONLY AS ARE CONSISTENT WITH TRUTH AND HONOR, AND WILL NEVER SEEK TO MISLEAD THE JUDGE OR JURY BY ANY ARTIFICE OR FALSE STATEMENT OF FACT OR LAW;

I WILL MAINTAIN THE CONFIDENCE AND PRESERVE INVIOLATE THE SECRETS OF MY CLIENT, AND WILL ACCEPT NO COMPENSATION IN CONNECTION WITH A CLIENT'S BUSINESS EXCEPT FROM THAT CLIENT OR WITH THE CLIENT'S KNOWLEDGE OR APPROVAL;

I WILL ABSTAIN FROM ALL OFFENSIVE PERSONALITY, AND ADVANCE NO FACT PREJUDICIAL TO THE HONOR OR REPUTATION OF A PARTY OR WITNESS, UNLESS REQUIRED BY THE JUSTICE OF THE CAUSE WITH WHICH I AM CHARGED;

I WILL NEVER REJECT, FROM ANY CONSIDERATION PERSONAL TO MYSELF, THE CAUSE OF THE DEFENSELESS OR OPPRESSED, OR DELAY ANY PERSON'S CAUSE FOR LUCRE OR MALICE.

Preamble

A lawyer should demonstrate civility, personal courtesy, dignity, respect and professional integrity when interacting with the public and participating in the legal system. As we vigorously represent our clients, we must honor our obligations to the administration of justice, resolving disputes in a rational, diplomatic, and efficient manner. We must remain committed to the rule of law as the foundation for a fair and peaceful society.

While our State’s Rules of Professional Conduct are instructive, they cannot address all of the various circumstances and conflicts that arise. The following standards are designed as a guide for lawyers and judges when interacting with each other, with litigants and with the public. Lawyers are expected to adhere to these standards as a commitment to justice and the rule of law.

Creed

As lawyers licensed to practice in South Dakota, admitted to the State Bar of South Dakota and/or admitted pro hac vice to appear in a matter before any Court in South Dakota, we will at all times adhere to the following:

1. We will treat participants of the legal system with civility, dignity and courtesy in court, as well as in all communication.

2. We will refrain from using hostile, demeaning or humiliating words in written and oral communications with adversaries.

3. We will continue to prioritize the inclusion and active participation of lawyers (and law students) from all backgrounds, identities and circumstances.

4. We will avoid impermissible ex parte communications with the court.

5. We will not intentionally mislead the court in oral or written communications.

6. In court, we will be punctual and prepared. We will not engage in conduct that is disorderly or disruptive and will instruct our clients and witnesses to act accordingly.

7. We will consult with other counsel concerning scheduling and deadlines prior to bringing such issues to the court. We will not unilaterally schedule hearings, depositions or similar matters.

8. We will not assert improper conduct on the part of other counsel without good cause and an adequate factual basis.

9. When agreements are reached, we will adhere to the agreement and accurately and in good faith memorialize the agreement in writing.

10. We will draft orders that accurately and completely reflect the court’s ruling.

11. We will not time the filing or service of motions or pleadings with an attempt to unfairly limit another party’s ability to respond.

12. We will explain to our clients that cooperation, civility and fair dealing are expected in the legal system.

13. We will advise our clients that we reserve the right to grant accommodations to other counsel in matters not directly affecting the merits of the case or prejudicing their rights.

14. Discovery requests will be drafted without harassment or placing undue burden on the other party. Further, we will instruct our clients that they must fully and honestly respond to discovery requests.

15. When there is a potential for settlement, we will timely confer with our client and other counsel and not purposefully delay negotiations.

16. We will in good faith stipulate to undisputed matters.

17. We will strive to abide by previously scheduled dates for trials, hearings, depositions, meetings and conferences.

State Bar of South Dakota: Association Group Health Plan

The South Dakota Bar Association offers a special group insurance plan for bar members and their employees through Avera Health Plans.

Who Qualifies?

Organizations with employees who are active members of the South Dakota Bar Association qualify

Available Network Options

The following networks are available:

• Standard Network – Avera and other independent providers across South Dakota and northwest Iowa

• Direct Network – Avera-owned, -managed and -leased providers. Available to employers headquartered in Brown, Lincoln and Minnehaha counties.

• Extended Network – Along with our Standard network, members can take advantage of a Nationwide PPO network that offers access to a range of health care providers and facilities like Mayo Clinic.

Why Enroll?

The plan offers the following benefits:

• Lower premiums

• Options not available on small group plans, such as the more comprehensive “Ultra” plans

• The Nationwide PPO network provides access to a broad range of services at lower costs than out-of-network options.

Additional Details

• The SD Bar Association plan does not include pediatric dental and vision. If you have questions about how to get these benefits, an Avera Health Plans representative can explain your options.

• The Bar Association health plan renews annually on Sept. 1, but benefits follow a calendar year (January–December). If you enroll on April 1, your plan will follow 2024-2025 pricing until the next renewal on Sept. 1. If a member signs up for the plan mid-year, they will receive a credit for deductible and out-of-pocket expenses to cover them until the renewal date (Sept. 1).

• Prices and benefits are subject to change.

Learn More by Reaching Out

Update from the Mandatory CLE Study Committee

Members of the Mandatory CLE Study Committee presented the Committee’s report to State Bar members at the June 20, 2025, State Bar Business Meeting in Rapid City. Committee member Pamela Reiter discussed the Committee’s report and recommendation that South Dakota adopt mandatory CLE requirements. Committee cochair Heather Lammers Bogard made the following motion:

The State Bar recommends that the South Dakota Supreme Court consider drafting a rule consistent with the Mandatory CLE Study Committee report and recommendations. Steve Huff seconded the motion. President Sarah Sharp Theophilus opened the floor for questions and discussion. Various members made comments in support of and in opposition to the motion, and Committee members responded to questions. The question was called after approximately 30 minutes of discussion, and a voice vote was taken, showing both support and opposition to the motion.

A member requested a division, and the President granted the request. Those who supported the motion were asked to stand, and then those who opposed the motion were asked to stand. After observing the division, President Sharp Theophilus declared that the motion carried by a majority vote of those present. The division demonstrated a number of members present who opposed the motion.

A member made a motion to conduct a vote on the motion by ballot, and that motion was seconded. Members voted by voice on the motion to vote by ballot. The motion to conduct a vote by ballot failed.

In summary, the majority of members present voted to support the motion to adopt mandatory CLE requirements, and that motion carried.

The State Bar thanks Bar members for engaging in a civil and constructive discussion. The vote was instructive, but not determinative, because the South Dakota Supreme Court retains final authority to regulate the profession of law in South Dakota.

The State Bar of South Dakota will continue to work with Bar members and the Supreme Court to determine future steps. State Bar members and the public will have further opportunities to provide input via the Supreme Court rules process if a rule is presented. The State Bar will continue to provide updates and information to our members.

(The information above is a summary and is not the official minutes.)

State Bar of South Dakota Association

Avera Healthcare Plans

The following agents or agencies that are authorized to sell the State Bar Association Health Plan.

EASTERN SOUTH DAKOTA

Office Location

Mitchell & Yankton Area

Aberdeen Area

Sioux Falls Area

Sioux Falls & Brookings Area

Pierre, Mitchell & Sioux Falls Area

Watertown Area

WESTERN SOUTH DAKOTA

Dice Financial

Mark Mehlhoff

Midwest Employee Benefits

McGreevy & Associates

Fisher Rounds & Associates

Freimark & Associates

Office Location Agency Agency Contact Contact

West River

Black Hills Insurance Agency

Black Hills Insurance Agency

Carver Insurance

Jacquelyn Johnson

Mark Mehlhoff

Dawn Knutson

John Lawler

Josh Gilkerson

Todd Freimark

Dan Maguire

Everett Strong

Lisa Knutson

Questions on Eligibility, Rates, and Services?

Please contact the agency listed above based on your office location within the state for questions related to the Association Healthcare Plan.

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Life is often busy, and responsibilities can feel overwhelming. Your Assistance Program is here to help save time and clear your mind with personal assistant referrals.

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Personal Assistant referrals are non-transactional. Your Assistance Program is free to use, confidential, and open to family members.

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Responding to Others in Distress

The “S” Word

It can be challenging to know exactly what to say or do when someone tells you they are stressed, having a difficult day, or struggling with their mental health. A conversation can be life changing! Feeling seen, heard and supported may be exactly what someone needs.

The most effective way to prevent suicide is to increase awareness of the warning signs and to intervene by reaching out to the person in distress.

NOTICE and know the warning signs.

Warning signs may help you determine if someone is at risk for suicide, especially if the behavior is new, has increased, or seems related to a painful event, loss or change. Signs include:

• Talking about wanting to die or to kill oneself

• Looking for a way to kill oneself, such as searching online or buying a gun

• Talking about feeling hopeless or having no reason to live

• Talking about feeling trapped or in unbearable pain

• Talking about being a burden to others

• Increasing the use of alcohol or drugs

• Acting anxious or agitated or behaving recklessly

• Sleeping too little or too much

• Withdrawing or feeling isolated

• Showing rage or talking about seeking revenge

• Displaying extreme mood swings

The first three signs above require immediate action. Consider these steps:

Talking about suicide will not give someone thoughts they did not already have. Rather, it will let that individual know you are there for them, open for any conversation. You will be a source of support if things become difficult in the future. SOURCE: National Council for

• If the danger for self-harm seems imminent, call 911.

• Stay with the person (or make sure the person is in a private, secure place with another caring person) until you can get further help.

• Contact the EAP or HR Department and they will help you decide what to do. Provide any background information that may be helpful.

• Contact the National Help Line at 800.662.HELP and follow their guidance.

• Continue to stay in contact with the person and pay attention to how he or she is doing.

Conversation Starters

“You haven’t seemed like yourself lately. Is there something going on?”

“Your stress level is off the charts. What’s going on? I want to help.”

“I’m worried about you. Are you ok?”

If they say they are NOT suicidal:

Reassure the person that you are not there to judge them or do anything that makes them uncomfortable. You only want to understand their thoughts and feelings, so together you can make the best choice for their health. Remind them that if they ever have suicidal thoughts, you are there to listen and are ready and prepared to help.

ASK

if the person if thinking about suicide.

Be direct. Use specific words.

• Have you had thoughts of suicide?

• Do you ever feel so bad that you think about suicide?

• Do you have a plan to kill yourself or take your life?

• Have you thought about when you would do it (today, tomorrow, next week)?

• Have you thought about what method you would use?

LISTEN

without judgment. Let the person talk without interruption and make them feel heard.

AVOID the following:

• Minimizing their problems or shaming a person into changing their mind.

• Sharing your opinion or jumping to conclusions.

• Trying to convince a person suffering that it’s not that bad or that they have everything to live for. It may increase their feelings of guilt and hopelessness.

• Arguing, preaching or challenging the person.

• Making promises (like keeping their secret).

Don’t feel like you must give advice, problem solve, or know all the answers. Just talking with someone as they try to navigate their distress can be very powerful.

Helpful Phrases

“You are not alone. I’m here for you.”

“I may not understand exactly how you feel, but I care about you and want to help.”

“We will get through this together.”

RESPOND with compassion and care.

What to do:

It is not your role to solve the issue, but you can triage resources for support.

• Remain calm and convey care.

• Acknowledge that they are in pain and that their pain is REAL.

• Stay with the person.

• Remove sharp objects or lethal means.

• Go with the person to the ER or mental health clinic.

• In an Emergency—Call 911. Don’t leave the person alone.

Try this in-the-moment grounding technique:

Invite the individual to be seated with you. Ask them to identify 3 objects they can see, have them identify the color of each object and the textures. Then ask them to identify 3 sounds they can hear. See if they are comfortable with slowly breathing with you for a moment. Offer to slowly count as they inhale and exhale.

IN THE KNOW: Grounding helps to override the sympathetic nervous system and adrenal reactions in the body that happen when someone is experiencing acute distress. It helps them to refocus on the safety of the environment around them, especially when their body is responding to a perceived threat.

FOLLOW-UP

with the person. Support their transition from crisis to recovery.

The initial event is often just the beginning of their journey. You can help them overcome challenges after a mental health crisis.

We’re here to help.

Your Assistance Program provides mental health support and resources.

• Recognize people often experience increased loneliness or despair.

• Continue to follow up and show continued support by checking in.

• Encourage self-care such as physical activity, hobbies they enjoy, mindfulness exercises, etc.

• Provide reminders about the support and resources available through the employee, member or student assistance program.

Introducing Your Assessment & Soft Skill Courses

We offer a wide range of free integrated online courses designed for Soft Skills development for Employees and Managers plus Assessments designed for self-evaluation.

Employee Skills (84 Units)

• Adaptability and Flexibility (1 Unit)

• Anger Management (5 Units)

• Assertiveness And Self-Confidence Processes (5 Units)

• Attitude and Work Ethic (1 Unit)

• Communication (3 Units)

• Emotional Intelligence at Work (5 Units)

• Goal Setting and Getting Things Done (3 Units)

• Increasing Your Happiness (5 Units)

• Interpersonal Skills (1 Unit)

• Managing Personal Finances (6 Units)

• Mindfulness (6 Units)

• Presentation Skills (7 Units)

• Problem-Solving (1 Unit)

• Project Management (4 Units)

• Social Intelligence (8 Units)

• Stress Management (1 Unit)

• Teamwork (1 Unit)

• Telework and Telecommuting (2 Units)

• Time Management (1 Unit)

• Work Life Balance (4 Units)

• Working in a Home Office (1 Unit)

• Workplace Diversity (7 Units)

• Workplace Harassment (6 Units)

Manager

Skills (110 Units)

• Attention Management (10 Units)

• Being a Likable Boss (10 Units)

• Business Ethics (9 Units)

• Business Writing (10 Units)

• Change Management (10 Units)

• Civility in the Workplace (7 Units)

• Conflict Resolution (8 Units)

• Creative Problem Solving (7 Units)

• Employee Onboarding (6 Units)

• Employee Termination Process (8 Units)

• Office Politics for Managers (9 Units)

• Social Media in the Workplace (6 Units)

• Team Building for Manager (10 Units)

Assessments (10 modules)

• Alcohol Use

• Anxiety

• Depression

• Diabetes

• Financial Wellness

• Gambling

• Resiliency

• Sleepiness

• Life Satisfaction

• Stress

After full completion, members can print and save course certificates in their member profiles for future use.

In Memoriam

Mark F. Marshall

September 21, 1954 –August 15, 2025

Mark F. Marshall, 70, devoted husband, father, grandfather, brother, and friend passed away on August 15, 2025 surrounded by his loving family. He was a compassionate lawyer, race car hobbyist, and guiding light to so many on their journey to sobriety.

Mark was born to Merle W. Marshall and Donaline A. Pierce in Huron, South Dakota on September 21st, 1954. The baby brother, Mark, was adored by his sister and brother. Mark’s high school career included multiple trips to State as a Varsity tennis star and a budding interest in race cars. He graduated from the University of South Dakota with a Bachelor of Science degree (1977) and Juris Doctorate (1981).

Mark’s legal career began with a clerkship under Judge Fred Nichol in the U.S. District Court for South Dakota. Mark would model Judge Nichol’s example of grace, good humor, and compassion in private practice and public service as a United States magistrate judge in Sioux Falls and a state court magistrate in Rapid City.

During his time as an attorney in private practice, Mark was a partner at the law firms Bangs, McCullen, Butler, Foye, & Simmons in Rapid City and Davenport, Evans, Hurwitz, & Smith in Sioux Falls. He also practiced as an attorney at Johnson, Heidepriem, Miner & Marlow and later returned to Bangs McCullen. Mark concluded his career as Sturgis City Attorney in September 2024.

Mark was filled with pride for his children, Kay and Chris. Mark married Maggie Holmes on November 24, 2012 and they welcomed their beloved dog Maisie into their family in October 2024.

Mark is survived by his loving wife Maggie Marshall; daughter Kay Wilds (Aaron), children Alexander and Nicolas; son Chris Marshall (Hetty), step daughter Clementine; Angie Elder (Gene), daughters Madison

Mark served as chairman and vice chairman of the South Dakota Board of Pardons and Paroles. He was a fellow of the American Academy of Appellate Lawyers and a member of the American Association of Justice. He was a notary public.

Mark maintained his sobriety from October 2010, which shaped his approach to life, work, and service.

Emailyouremploymentannouncement to tracie.bradford@sdbar.net by to haveitincludedinthe newsletter.Pleasebesure to include a closingdate. To seemorejobslistings,visit www.statebarofsouthdakota.com

26th of each month next

Deputy State’s Attorney, Hughes County

Full-time permanent position now open for a Deputy State’s Attorney in the Hughes County Office of the State’s Attorney in Pierre, South Dakota.

The Hughes County State’s Attorney’s Office is looking for an attorney to handle all juvenile matters including delinquency proceedings, CHINS petitions, and abuse and neglect matters, present those cases for legal proceedings, perform legal research, and prepare, draft and file legal documents and correspondence. Additional responsibilities include but are not limited to: covering felony and misdemeanor hearings when required, advising local law enforcement agencies and working with DSS, dealing with juvenile justice issues, providing information to victims and witnesses and helping to fulfill the statutory responsibilities of the office.

Applicants must be able to: manage a large case volume and respond quickly and effectively to changing circumstances; speak and write effectively; establish and maintain effective working relationships with coworkers, other agencies, and the public; maintain professional appearance and demeanor.

Minimum Qualifications: Applicants must possess a J.D. and be an active member in good standing of the State Bar of South Dakota or be admitted within one year of hiring.

Preferred Qualifications: One or more years’ experience is highly preferred. The ideal candidate would have 2 to 5 years’ experience in the abuse and neglect area but will consider all applicants with a strong desire to work on behalf of and ensure the safety of children.

Hughes County offers a comprehensive benefits package for employees including health and dental insurance, participation in the SD Retirement System, and paid time off.

Salary range is $72,580.31 to $90,255.04 and is determined in part based on years of professional experience.

Please send a resume and cover letter to Casey Jo Deibert, Hughes County State’s Attorney, 104 E. Capitol, Pierre, SD 57501. Resumes and cover letters will also be accepted via email at casey.deibert@co.hughes.sd.us.

Posting to remain open until the position is filled. All inquiries are confidential. Hughes County is an Equal Opportunity Employer.

Circuit Court Staff Attorney, Third Judicial Circuit

Location: Brookings, SD, or within the Third Judicial Circuit

Salary: $78,759.36 annually

JOB ID: 32426

Closing Date: Open Until Filled

The position can be located in Brookings, Huron, Clark, Watertown, Clear Lake, Milbank, Hayti, Miller, Wessington Springs, De Smet, Madison, Howard, Flandreau, or Woonsocket.

Position Purpose: This position performs professional legal work through legal research and writing during all phases of the judicial process to assist the Judges of the Unified Judicial System (UJS), and supervises circuit court law clerks and reviews and coordinates their work. Duties may include:

• Performing legal research and writing to provide assistance to Circuit Judges in analyzing legal issues or cases before them and to facilitate efficiency in court operations.

• Training and supervising law clerks and coordinating their work to facilitate continuity in the quality of assistance provided by law clerks in performance of judicial duties.

• Providing assistance to Judges, clerks of courts offices, circuit administrators offices, the public, commissions, and individuals to contribute to the effective operation of the circuit.

• Performing other work as assigned.

Minimum Qualifications: Graduation from an accredited law school and possession of a Juris Doctorate. Licensed to practice law in South Dakota. One year of experience in the legal profession, or an equivalent combination of related education and experience. Successful completion of a criminal background investigation is required for employment. To be considered, please attach your resume and one to two briefs you have written or a similar legal document.

Knowledge, Skills, and Abilities:

Knowledge of:

• the law and South Dakota law;

• functions of the court;

• court and judicial systems;

• library and technical resources. Skill to:

• legal writing;

• organizational management;

• time management.

Ability to:

• perform extensive legal research;

• analyze and summarize complex legal issues and facts;

• research and summarize applicable laws, and recommend appropriate resolutions to issues in question;

• exercise discretion, confidentiality, and impartiality in handling matters before the court;

• communicate effectively both orally and in writing with a wide variety of people;

• understand, analyze, and research issues raised throughout the circuit and provide timely and concise responses.

About the South Dakota Unified Judicial System

The South Dakota Unified Judicial System (UJS) is dedicated to providing a fair, impartial, and accessible court system that upholds the rule of law and is worthy of the public’s trust and confidence. Our vision is justice for all.

Our employees are our most valuable resource and crucial to accomplishing our mission. We seek talented and motivated individuals to be the face of the court system and help ensure that the Court and all the people that come before it receives the highest level of service. Our dedicated staff work to enhance community safety and ensure victim’s rights while

treating all individuals with dignity and respect.

For more information on the Unified Judicial System, please visit http://ujs.sd.gov

Apply at: https://gen-stateofsouthdako-trn.inforcloudsuite. com/hcm/xmlhttp/shorturl.do?key=250

Unified Judicial System

500 East Capitol Avenue

Pierre, SD 57501-5070

Phone: 605.773.4884

“An Equal Opportunity Employer”

Assistant City Attorney I or II, City Attorney’s Office, Rapid City SD

The City of Rapid City is accepting applications for the position of Assistant City Attorney I or II. This position is responsible for prosecuting City ordinance violations and providing legal support and services to several City departments and elected officials. The City Attorney’s Office consists of a team of five attorneys in a fast-paced environment. The office provides legal support and advice to all City departments and elected officials.

Salary and Benefits:

The City of Rapid City offers a competitive benefits package, including employer paid health insurance, paid holidays, generous leave accruals, and participation in the South Dakota Retirement System.

Assistant City Attorney I range: $87,396 to $117,453

Assistant City Attorney II range: $112,374 to $150,708 Pay rate and classification dependent on qualifications and experience.

Essential Duties and Responsibilities – Assistant City Attorney I:

• Investigates and prepares cases and acts as prosecutor against individuals and businesses that violate municipal ordinances; represents the City in City ordinance violation cases in Magistrate Court, in appeals from the Magistrate Division to Circuit Court, and in civil cases in Circuit Court representing the City or its administrative boards.

• Provides legal assistance and guidance to City staff, the City Council, and other City officials.

• Prepares, reviews, and interprets ordinances, resolutions, contracts, policies, state laws, and other legal documents for the City, its decision-makers, City staff, and the public.

• Advises City officials and staff by interpreting and

providing legal opinions on code enforcement, including building, electrical, mechanical, fire, zoning, and property maintenance codes, state and federal laws, City ordinances, and specialized documents.

• Performs various transactional legal services including, but not limited to, drafting, reviewing, and/or approving easements, deeds, contracts, agreements, ordinances and resolutions, policies and procedures, or amendments thereto. Acts as legal advisor to departments negotiating various contracts, except labor contracts, on behalf of the City.

• Confers directly with the public, press, City staff, and department directors explaining City ordinances, City and state licenses and permits, rights of parties, trial results, various rights of trial and appeal, and responses to complaints.

• Litigates claims by or against the City arising from actions of City Council, other boards or commissions, or City staff; defends complaints against City personnel which arise out of their employment with the City; prepares cases for trial, examining law and evidence, and represents the City at trial.

• Attends meetings with and advises various City boards, committees, and commissions on questions of law and legal issues.

• Develops and conducts training presentations for City officials and employees communicating legal guidance and/or statutory or ordinance requirements on a variety of topics.

• Performs other such duties and functions as are necessary or incidental to the proper performance of this position.

Essential Duties and Responsibilities – Assistant City Attorney II:

• Performs all Assistant City Attorney I duties.

• Assists in negotiations of union contracts and subsequent administration of these contracts.

• Supervises the City Attorney’s Office in absence of City Attorney and Deputy City Attorney.

• Provides legal advice and assistance to City officials and staff on sophisticated and complex legal matters.

• Assists outside counsel in representation of the City.

Qualifications – Assistant City Attorney I:

• Juris Doctor degree required.

• Active membership in good standing with a state bar required, or ability to obtain admission within 90 days from date of hire.

Qualifications – Assistant City Attorney II:

• Juris Doctor degree required.

• Active membership in good standing with a state bar required, or ability to obtain admission within 90 days from date of hire.

• Four years of experience in the practice of law required, preferably in public sector law or regulatory compliance.

Visit careers.rcgov.org to submit an application/resume and for more information. Questions may be directed to joel. landeen@rcgov.org. Position closes September 15, 2025.

Riter Rogers

Established firm in Pierre, SD is looking to add a lateral attorney. Experience in the areas of estate planning, business law, regulatory work or transactional matters is preferred but candidates with other experience will also be considered. Ideal candidates will have at least three years of practice experience. Compensation is negotiable along with an opportunity for an accelerated partnership track. Confidential inquires may be submitted to L.Riter-Rapp@ riterlaw.com.

Deputy/Senior Deputy Public Advocate

The Minnehaha County Public Advocate’s Office is seeking a Deputy/Senior Deputy Public Advocate with excellent advocacy skills and who is committed to ensuring justice, humanity, and equality to indigent clients within the criminal justice system. Our attorneys prepare and manage a caseload of misdemeanor, felony, abuse and neglect, and mental health cases.

The 2025 hiring range is $3,596.80-$4,068.00/biweekly with full earning potential up to $4,954.40/biweekly. Minnehaha County offers a competitive benefits package including health, dental, vision, and life insurance, a generous paid time off program, extended sick leave, retirement, and an employee assistance program. For a full list of qualifications and to apply visit: http:// jobs.minnehahacounty.gov. Review of applications begins on August 27, 2025. EO Employer. Contact Human Resources with questions at 605-367-4337.

Staff Attorney - Rapid City

Are you passionate about racial justice and holistic legal advocacy? Join our team, and make a long-term impact!

DAKOTA PLAINS LEGAL SERVICES (DPLS), a nonprofit legal services program, has an opening for a Staff Attorney position in our Rapid City, South Dakota office.

SALARY/BENEFITS: 70,000+ starting salary for attorneys with 2 or more years of experience. DPLS has an excellent

fringe benefits package including generous leave benefits of 6 weeks paid leave, and 15 paid holidays. Employer paid employee insurance coverage (medical, dental, life, disability). DPLS observes a 34 hour 4-day work week and offers matching 401(k).

QUALIFICATIONS/RESPONSIBILITIES: Applicants

must have a JD degree and be licensed to practice, or by reciprocity be able to obtain a license to practice, in South Dakota, or be qualified to take the next South Dakota Bar Exam; must be a bright, motivated, self-starter; must have the tenacity to assume immediate practice responsibilities, including handling a significant caseload touching on many different areas of law with regular appearances in court; and must demonstrate an interest in poverty law and working with Native American and low income clients. Some same day travel is required.

APPLICATION INFORMATION: For more information, or to submit a letter of interest and resume, please contact Kate Breyfogle, Director of Human Resources at: kbreyfogle@ dpls.org.

CLOSING DATE: Open until filled

DPLS is committed to equal employment opportunities for all workers, regardless of race, gender, disability or other protected class status. DPLS is committed to compliance with all federal, state, and local anti-discrimination laws and regulations. All interested applicants are encouraged to apply.

Legal Secretary - Sioux Falls, SD

DAKOTA PLAINS LEGAL SERVICES (DPLS), a nonprofit legal services program, has an opening for a Legal Secretary position in our Sioux Falls, South Dakota, office.

QUALIFICATIONS/RESPONSIBILITIES: Applicants must have a high school diploma. The legal secretary provides secretarial services attorneys and paralegals and also performs administrative duties as directed by the Managing Attorney of the Branch Office. The legal secretary prepares legal pleadings, correspondence and other documents at the direction of an attorney or paralegal and assists applicants with the application and intake process. Must have familiarity and experience with widely used word processing software and other data management programs; must have a good attitude and ability to work with the general public in a professional manner and an appreciation and a basic understanding of client confidentiality; and must have two years of experience working in a law firm or a similar office environment.

SALARY: Based on experience. DPLS has an excellent

fringe benefits package including generous leave benefits and employee insurance coverage (medical, dental, life, disability). DPLS observes a four-day work week.

CLOSING DATE: Open until filled.

APPLICATION INFORMATION: For more information, or to submit a letter of interest and resume, please contact Kate Breyfogle, Director of Human Resources at: kbreyfogle@ dpls.org.

DPLS is committed to equal employment opportunities for all workers, regardless of race, gender, disability or other protected class status. DPLS is committed to compliance with all federal, state, and local anti-discrimination laws and regulations. all interested applicants are encouraged to apply.

Staff Attorney - Credit Collections Bureau

Credit Collections Bureau is seeking to expand by adding an attorney to join their Rapid City, SD branch. Credit Collections Bureau has been a successful Midwest collection agency for over 30 years, with locations in 3 states. You can join this successful team and continue to provide their clients with excellent results on their accounts receivable needs, while maintaining compliance with applicable laws and regulations.

Requirements include:

• The ideal candidate will have 0-3 years’ experience.

• Must be licensed in South Dakota to the ability to be licensed in South Dakota

• Ability and desire to obtain licensure in other states.

• Making court appearances and participate in hearings.

• Ability to conduct legal research and summarize findings concisely.

• Drafting civil litigation pleadings and defend the same.

• Participate in both civil litigation and business and transaction law. A rare opportunity to do both!

• Desire to become an expert in healthcare collections, as well as applicable laws and regulations

• Willingness to take direction from Senior Counsel.

• Must be a team player who is organized and can professionally interact with all staff.

Benefits include: 40-hour work week, competitive salary, and benefits package, matching 401(k), health, dental and vision insurance, and generous PTO package.

To apply, please submit a resume and cover letter by email to brent@ccbinet.com

UPCOMING EVENTS

Bankruptcy Law in Practice: Tools for Every Practitioner

9:00 AM - 5:00 PM (CDT)

September 2025 Law for Lunch

12:30 PM - 1:30 PM (CDT)

Estate Planning Session

8:30 AM - 12:00 PM (CDT)

Bar Commissioner & Young Lawyers

Section Board Mixer

5:30 PM - 7:30 PM

For more details and updates about these events, please visit our website.

https://www.statebarofsouthdakota.com/