The Magazine of the School of Law of The University of South Dakota Fall 2010 Mentorship Coin Program Takes Off USD Hosts National NALSA Competition The Lasting Legacy of Professor John Hagemann FROM THE DEAN As some of you know, I had to have surgery for a detached retina in April. Unfortunately, the detachment was too serious for repair with laser treatment. It required full-blown surgery. Fortunately, the surgery went very well, and I have full use of my eye. Because the surgery was done with local anesthesia, I was able to hear what went on. I even chatted a bit with the surgeon, suggesting that the hospital should delete the Michael Jackson song from the soundtrack that was playing during the operation. He reassured me that they allow only professionals to use Propofol, the anesthesia that apparently killed Jackson. What most impressed me about what I heard was that the surgeon thanked the operating nurse every time she handed him a surgical instrument. After the surgery, I complimented him on this. His response was that the nurse was important to him and the surgery, because he depended on her to hand him the right instrument. Throughout the process, I was impressed by the surgeon’s professionalism in dealing with me, but I was even more impressed that he was just as professional with his support staff. At our hooding ceremony in May, I reminded our newest graduates that, as lawyers, we need to remember to be professional not only to clients and judges. We need to say thanks to the clerk of court, the court reporter, the secretary and the custodian who make it possible for us to do our work. We need to do that not only because it is in our self-interest, but also because all people deserve to be appreciated and recognized when they do a good job. So I want to use this space to say thanks to the people who make the Law School such a great place to learn and work. That includes a lot of people. I want to thank the faculty for their commitment to the education of our students and to the welfare of the Law School. They work hard to fulfill their teaching, research and service obligations. They care about their students and their areas of legal expertise. They care about the Law School and the legal profession. I want to thank the Law School staff who provide support to the faculty and students. Because of the State’s budget situation, the staff keeps getting smaller while the tasks seem to get more numerous. Law schools are complex institutions, and it takes a wide array of skills to keep one operating. I am fortunate that I have such a talented and dedicated staff. I want to thank the students who have decided to invest a great deal of time and money in getting a legal education at USD. If you are reading this, I don’t need to tell you how demanding the Law School is. Our students come to class prepared to learn, and they use the knowledge and skills we help develop to excel in our co-curricular programs and ultimately in the practice of law. One indicator of the ability and dedication of our students is that 100 percent of our first-time takers passed the bar exam in both South Dakota and Iowa in July. Finally, I want to thank you, our graduates and friends. Each year, scores of you contribute your time to some aspect of our educational program. You also contribute the funds that support our student organizations, scholarships and various enrichment activities. You hire our graduates and mentor them to become proficient practicing lawyers. Most importantly, you allow all of us at the Law School to serve society by using the legal education you received here to serve your clients. My eye surgery did much more than save my vision. What I heard in the operating room helped me see just how fortunate I am to be associated with the USD School of Law. I hope you feel the same way. Barry R. Vickrey Dean & Professor South Dakotan Lawyer Vol. 17, No. 1, Fall 2010 ADMINISTRATION Barry R. Vickrey Dean and Professor Thomas L. Sorensen Fall 2010 Associate Dean The Magazine of the School of Law of The University of South Dakota Angela R. Ericson Assistant Dean EDITORIAL STAFF Kim Lee Editor, Marketing Communications and University Relations Features Raleigh Hansman Student Editor CONTRIBUTORS Mentorship Coin Matthew J. Abel Raleigh Hansman Program Takes Off Abigail A. Howell 14 Kim Lee The award-winning Mentorship Coin Program Robbie Rohl for young and experienced lawyers alike gains Marilyn F. Trefz national attention Meghan Woster GRAPHIC DESIGN Eric Dalseide PHOTOGRAPHY Nicole Choal USD Hosts National Eric Dalseide Gordana Filipovic NALSA Competition Royce Hansman 18 USD’s chapter played host to 42 teams Thomas Sorensen from all around the U.S. Copyright 2010 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • USD LAW SCHOOL FOUNDATION BOARD OF DIRECTORS OFFICERS The Lasting Legacy of President Richard L. Ericsson Professor John Hagemann Vice President Dana J. Frohling 21An inspiration to many, Hagemann’s scholarly Secretary Karen P. Hunt Treasurer Marilyn J. Hagberg passions live on at the The Hagemann Center for Legal and Public Policy Research CIRCUIT DIRECTORS 1st: Deborah J. Jesse, Lisa Z. Rothschadl 2nd: William C. Garry, Lisa J. Maguire 3rd: Thomas F. Martin, Chad C. Nelson 4th: Karen P. Hunt, Heather Lammers Bogard 5th: Dana J. Frohling, Roy A. Wise 6th: Curt Mortenson, William M. Van Camp, Jr. 7th: Ashley Parr, Jennifer M. Williams Barry R. Vickrey, Dean and Professor Departments Pamela R. Bollweg, Chair, Law School Committee MEMBERS AT LARGE Briefs 2 Richard L. Ericsson Robert E. Hayes Marilyn J. Hagberg 10 Our Newest Alumni EX OFFICIO Faculty Spotlights Hon. David E. Gilbertson, Chief Justice 23 Supreme Court of South Dakota Richard D. Casey, President Class Notes 28 State Bar of South Dakota Patrick Goetzinger, President-Elect Honor Roll of Donors State Bar of South Dakota 30 Thomas C. Barnett, Secretary-Treasurer and Executive Director, State Bar of South Dakota Robert E. Hayes, Past President Law School Foundation FALL 2010 | 1 BRIEFS Judge Lawrence Piersol Receives 2010 McKusick Award The Honorable Lawrence 1965 from USD. During law school, Piersol served as editor- L. Piersol was awarded the in-chief of the South Dakota Law Review. He spent three years 2010 Marshall M. McKusick trying general court martial cases as an Army captain until Award by The University of joining Sioux Falls firm Davenport, Evans, Hurwitz & Smith South Dakota Student Bar in 1968. In 1993, President Bill Clinton, with the consent of Association (SBA) on Oct. 14 the Senate, appointed Piersol as a United States district judge. at the School of Law. Piersol He served as chief judge for the District of South Dakota from is a senior judge with the U.S. 1999 to 2006. District Court, District of South Dakota in Sioux Falls. The McKusick Award is given annually to an outstanding “The Student Bar Association was inspired by the personal member of the South Dakota Bar for contributions to the legal and professional accomplishments of Judge Piersol,” said profession. The McKusick Award recipient is chosen by the SBA president Mitchell Morrison, who presented the award. SBA, based upon nominations by South Dakota Bar members. “His contributions to the South Dakota legal profession and It is named after Marshall M. McKusick (1879-1950), who community are exactly what the McKusick Award is intended was a professor at the USD School of Law beginning in 1902 to recognize.” and named dean of the Law School in 1911. He served for Piersol received a B.A. degree in 1962 and a J.D. degree in nearly five decades. Geu Receives John Wesley Jackson Award for Excellence in Teaching Professor Thomas E. Geu’s Jackson Award.” include organizational, transactional, attention to professionalism in Geu’s and capital formation courses. He classroom teaching has been recognized scholarship and also writes broadly on business for the second time as recipient of the service to the organization law and has a research Law School’s John Wesley Jackson profession is interest in determining whether law is a Outstanding Faculty Award. Geu was extensive. He complex adaptive system, similar to an presented the 2010 Jackson Award and has served as ecosystem. also received the honor in 1997. national reporter The Jackson Award was established “Tom Geu is a dedicated for the Uniform in 1981 through a gift by Horace classroom teacher, innovative legal Limited Cooperative Act and as South and Dorothy Jackson of Rapid City, scholar and national leader in law Dakota Commissioner for the Uniform in honor of members of the Jackson reform,” said Dean Barry Vickrey. “He Laws Commission. The Uniform Act family. Recipients are chosen based works as hard as any other professor is under the National Conference on a demonstration of teaching I have known anywhere, in any of Commissioners of Uniform State excellence in law, including classroom discipline, to constantly improve the Laws (NCCUSL). Geu is also an effectiveness, efforts to improve legal instruction he provides students. The elected member of the American Law education in South Dakota, research USD Law School is truly fortunate to Institute and has been active in the and writing, and public service have him as a member of our faculty State Bar of South Dakota. His areas contributions. and he is a deserving recipient of the of teaching at the USD School of Law 2 | SOUTH DAKOTAN LAWYER BRIEFS USD’s NALSA Named National Chapter of the Year USD’s Native American Law Students Association extremely rewarding to know that, as a group, we’ve been (NALSA) chapter received the 2010 Chapter of the Year award recognized for not just events we enjoy being a part of but by at the 35th annual Indian Law Conference in Santa Fe, N.M.