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ACCEPT MORE PAYMENTS WITH LAWPAY 866-251-9220 | lawpay.com/sbsd 2 State Bar of August 2020Newsletter Issue - 8

4 President’s Corner Terry G. Westergaard

6 Young Lawyers News Caroline A. Srstka

12 Dean’s List: News From the Law School Neil Fulton

24 To Text or Not to Text, That is the Question ALPS Risk Manager Mark Bassingthwaighte

10 Fellows of the South Dakota Bar Foundation

14 A2J Superheroes

16 General Announcements

21 Statue of Governor Coe Crawford Donor Thank You

26 In Memoriam

28 Notice of Rules Hearing No. 142

39 Committee Assignments 2020-2021

45 Officers, Section Leadership, & Officers of Related Groups 2020-2021

47 Career Center

3 society continues to face on a daily basis. As lawyers, we need to take the lead to address these challenges. President’s Let’s start these discussions in a positive way through Corner our committees. The committees can propose CLE’s that further the issues for the members. The CLE Terry G. Westergaard committee is always looking for programming ideas for our members.

Lawyers have the ability to be zealous advocates and still be friends. We may not always agree, but if we work to understand our opponent’s position we can still respect that position and work towards a better solution for all involved. It is only when we understand another’s ancellations and postponements of meetings position that we can have an outcome beneficial to both. are now the norm. The ABA held its first As I said last month, we can make this the year of Yes. Cvirtual meeting this month. Several local bar Yes, we can disagree. Yes, we can zealously advocate our events have cancelled. The virtual meetings are a good position. Yes, we can understand. And finally, Yes, we substitute in some situations, but most of us continue to can professionally and personally still be friends and crave in person social interaction. allies.

The Bar Commission recently held its annual retreat. Some of the commissioners attended through Zoom and some attended in person with appropriate social distancing and masks. Masks and hand sanitizer were gifts for commissioners attending in person.

A common theme during the meeting was that commissioners could have opposite viewpoints on an issue but still have a cordial and professional discussion. That type of discussion can be rare these days. These types of discussions need to take place to address the challenges that we face as a profession and that our 4

RETIREMENT ACCOUNTS: PLANNING FOR INHERITED ACCOUNTS AND FOR MARITAL RIGHTS

PROFESSOR CHRISTOPHER R. HOYT, UNIV. OF MISSOURI SCHOOL OF LAW The SECURE Act eliminated the “stretch IRA” for inherited retirement accounts. This session will explain the new rules and various planning strategies September 18, 2020 that can reduce taxes and thereby increase benefits 8:30 am for both family and charity. In addition, the session will examine the legal rights that one spouse has in the other spouse’s retirement assets. The rules for 401(k) plans are different than those for IRAs. What are each spouse’s rights? What arrangements and Event has strategies can avoid unpleasant surprises? changed to Brought to you by The First National Bank, SD Continuing ONLINE Legal Education Committee and The Sioux Falls Estate Planning Council Joe Dylla, Register @ statebarofsouthdakota.com Chair 5 by: Caroline A Srstka YLS President

-Nuts & Bolts CLE: The YLS will also be hosting And somehow, it’s already August. Just last week, the our annual Nuts & Bolts CLE on November 6. newly elected Young Lawyers Section (YLS) had their This is held in the morning prior to the Statewide first meeting, and we are excited to make this year the Swearing In, where the focus is on useful and best yet. At the beginning of the meeting, we reviewed interesting topics for young lawyers in the early the purpose and mission of the YLS. To provide a brief stages of practice, but also great for all bar members. overview, the general purpose of the Young Lawyers Section is to foster the identification, discussion, -Hagemann-Morris Mentorship Program: If and interchange of ideas relative to the rights, duties, you’re a young lawyer, contact one of us on the responsibilities, and concerns unique to young lawyers YLS to apply for a mentor. If you’re an experienced in our state. In doing so, the YLS strives to aid and lawyer, contact us to become a mentor! promote the advancement of young lawyers and encourage their interest and participation in activities Additionally, each YLS circuit representative will of the State Bar, promote the activities of the State Bar, plan mixers in the spring and fall. This year, due and further the purpose and objectives of the State Bar. to the COVID-19 pandemic, we are brainstorming ideas and thinking of creative ways to safely bring Our YLS are off to a great start! Last week, the YLS, everyone together. Stay tuned! along with the help of the wonderful State Bar staff, put together bar exam care packages and distributed them -Veterans Legal Clinics: the YLS, along with the to all of those taking the exam. These care packages law school’s Veterans Legal Education Group and included hand sanitizers, face masks, water bottles, and the State Bar, will volunteer at legal clinics. Come fun pencils. Thanks to Steve Huff for forwarding on this volunteer with us! great idea to show our support to those taking the bar exam during this crazy time. -ABA/Young Lawyers Division Conferences: the YLS sponsors young lawyers throughout the year We are excited to get working on future events that to attend ABA conferences, to connect with other connect young lawyers and advance our purposes: states, and provide reports of the conference in future newsletters. -Law School Orientation: The YLS are heading to Vermillion on August 12 to welcome the incoming -Project Destination: the YLS will continue to reach 1Ls during Law School Orientation. Join us! out to students in Indian Country to encourage a career in the legal profession. Last year, the YLS -Statewide Swearing-In Ceremony: this event will was selected as a 2019 ABA Partnership Award be held on November 6. New admits to the State recipient for its Project Destination program! Bar have the special opportunity to get sworn in by Chief Justice Gilbertson at the Capitol Rotunda, -Annual Meeting: Look out for events hosted with a reception for their family and friends to by the YLS at our next annual meeting! Past follow. events include Speed Networking, Legalpalooza, volunteer projects, and more. 6 I encourage young lawyers and all State Bar members to some comfort to vulnerable victims. join us in these events and connect with the profession. Any ideas for future projects or events are encouraged With help from a national email sent out by the Attorney to be shared with the Board. General’s office, I learned that several states around the country have therapy dogs that actually live in the Also, as President of the YLS, my goal is to highlight courthouse or juvenile detention building. Some areas Young Lawyers across the state for their achievements. even have therapy dogs assigned to a particular judge This month, I have chosen Roxy Hammond, Hughes or courtroom. Studies show how therapy dogs aided in County State’s Attorney. Earlier this year, Roxy drafted calming trauma victims, as well as lowering the stress a bill that was passed to allow courtroom therapy dogs of everyone they encountered. There were over a dozen to provide a level of comfort for victims having to testify states utilizing therapy dogs in trial, but South Dakota against their accusers. was not one of them.

I decided to create the first-ever motion for the use Roxanne Hammond of a therapy dog in a courtroom in South Dakota. I reached out to Therapy Dogs International, where I In late August 2018, one of my was connected with a woman named Cindy and her detectives called to give me a registered border collie, Shep. I made arrangements to heads up. “I’m sending up a have them attend my motions hearing that following rape case. Victim is a 9-year- April. In the motions hearing, we demonstrated how old girl.” Shep could sit near the witness without blocking the view of the jury, and how a therapy dog could sit quietly He paused. for an extended period of time. Unfortunately, the motion was denied due to lack of legal precedent and “It’s bad.” authority, and to avoid any issue on appeal.

I had only been the Hughes We went to trial that May. The victim took the stand for County State’s Attorney for about six months and had nearly 2 hours and was hands-down my best witness. never prosecuted a case this big. Nervously, I dove into She was scared, but she blew the jurors away with her the report to see what I was in for, and he was right—it simple, unwavering honesty—unwilling to be shaken by was bad. I left work that day, rode my bike a furious defense cross-examination or intimidated by her abuser. 10 miles, and cried in the shower. My heart was totally I got very lucky. Most cases of this type do not have such broken for that little girl. strong witnesses—by their very nature, they undermine the emotional stability of the victim. After a four-day I was so angry that this man had perpetrated these long trial, we secured 12 guilty verdicts. This vicious crimes as he pleased on that little girl for nearly half abuser was later sentenced to 100 years in prison. He of her life. My fury turned to resolve. I vowed to do will be eligible for parole around the age of 102. my best to achieve justice for her, and protect possible future victims. We eventually prepared for trial. Despite my win, I was not ready to give up on therapy Unsurprisingly, the accused didn’t want to plead to sex dogs. My luck with a strong witness was rare, and I knew crimes against a child, even with the overwhelming we needed to do something to protect our vulnerable amount of evidence I had against him. When I realized witnesses. So I used my experiences from my time we would be going to trial, I started brainstorming ways working as a Legislative Attorney at the Legislative I could make it easier on the victim. Research Council to create legislation that would grant judges the authority to utilize therapy dogs in a In March, I went to a training through the National courtroom setting. I found laws from other states and District Attorneys Association, and one of the speakers went to work crafting a bill tailored to South Dakota’s talked about therapy dogs being used in court. I was style and form. I presented the bill to the State’s Attorney’s intrigued, being an animal lover myself, but also Association for consideration, and after giving me the because it seemed like a very simple way to provide green light, I found sponsors for the bill—Sen. Deb 7 Soholt and Rep. Ryan Cwach. From there, Senate Bill trial process. She loved it. That little girl is now 11 years 136 came to life. With the SAA’s lobbyists, I followed old and thriving. We couldn’t use a therapy dog to help the progress of the bill, testifying in each committee and her during the trial, but her strength in coming forward sending out emails to legislators encouraging them to allowed us to pave the way to provide comfort to future vote for the bill. vulnerable victims. The criminal justice system can be such an ugly and It worked. The bill passed through both chambers scary place, but I’m so happy South Dakota prosecutors and was signed by the governor. It is now SDCL 23A- can now take a little weight off of a victim’s shoulders in 24-10 through 12. As of July 1, 2020, any attorney in the form of some big brown puppy dog eyes looking up South Dakota can move to utilize a therapy dog for a quietly and reminding them that while this experience vulnerable witness in a criminal hearing. may be stressful and scary, there’s a dog that loves them unconditionally and will make them feel safe for as long Cindy, Shep’s handler, gave the victim from my case a as it takes. stuffed animal replica of Shep to comfort her during the

Your 2020-2021 Board of Directors are:

President – Carrie Srstka (Sioux Falls) Vice-President – Ole Oleson (Rapid City) Secretary/Treasurer – Anthony Sutton (Sioux Falls) 1st Circuit Representative – Rachel Mairose (Plankinton) 2nd Circuit Representative – Tyler Coverdale (Sioux Falls) 3rd Circuit Representative – Tony Teesdale (Brookings) 4th Circuit Representative – Mariah Bloom (Spearfish) 5th Circuit Representative – Jenny Jorgenson (Webster) 6th Circuit Representative – Chelsea Wenzel (Pierre) 7th Circuit Representative – Kelsey Weber (Rapid City) At Large Representative – Arman Zeljkovic (Rapid City) Law Student Representative – Lexi Baca (Vermillion)

8 Fellows of the South Dakota Bar Foundation

Foundation funds go to very important projects, including: Legal Services Programs in SD, Rural Lawyer Recruitment, SD Public Broadcasting of Legislative Sessions, SD Guardianship Program, Teen Court, Ask-A-Lawyer and Educational videos on aging, substance abuse and mental health issues.

Full Name Address City State Zip Code

I would like to contribute:     

 ‹—’— —ƒŽŽ› ‡‹Ǧ—ƒŽŽ› —ƒ”–‡”Ž› ‘–ŠŽ›  Life Patron Fellow – $100,000 or more, cumulative.  Sustaining Life Fellow – $50,000 or more, cumulative.  Life Fellow – $25,000 or more, cumulative.  Diamond Fellow – over $10,000, cumulative.  Platinum Fellow – $10,000, cumulative.  Gold Fellow – $5,000, cumulative.  Silver Fellow – $1,000 per year.  Fellow – $500 per year.

‡‘”‹ƒ ‘ƒ–‹‘•‹‡‘”›‘ˆƒŽƒ™›‡”‘”Œ—†‰‡ƒ›„‡ƒ†‡ƒ†™‹ŽŽ„‡†‡’‘•‹–‡†‹–Š‡‡†‘™‡– ˆ—†Ǥ— Š†‘ƒ–‹‘•™‹ŽŽ„‡ ‘„‹‡†–‘“—ƒŽ‹ˆ›–Š‡†‡ ‡ƒ•‡†Žƒ™›‡”ȀŒ—†‰‡ƒ•ƒˆ‡ŽŽ‘™Ǥ

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9  an outh Dakota lawers have risen to the challenge of making the D Bar Foundation a favorite charit. uch generosit  deserves public acknowledgement. Therefore, the Bar Foundation Board of Directors has created a “Fellows” program to not  onl make such acknowledgement, but also to provide an opportunit for more of our members to participate and determine  Bob orris ohn . Blackburn  their personal level of professional philanthrop. articipation can be on an annual basis or b pledge with paments over a  Thomas . icholson ichard D. ase  period of time. ll contributions made to the “Fellows” program will be deposited in the Foundation’s endowment account  ar . ashb managed b the D ommunit Foundation – famous for low management fees and ecellent investment returns. Donations on. ichael Da   tephanie . ochop to the endowment are ta deductible and a perpetual gift to our profession and the educational and charities the Foundation obert B. Frieberg  supports.  eed . asmussen Thomas . Frieberg   amela . eiter David . erdes   obert . iter, r. on. David . ienapp   ric . chulte atrick . oetinger   effre T. veen . erne oodsell     harles . Thompson cumulative, including pledges testamentar gifts cumulative, including pledges testamentar gifts obert . aes   ichard . Travis Terr . ofer  Fred uella oad Frank . Farrar  Thomas . elk teven . uff Terr . estergard on. harles B. ornmann

  (per year) cumulative, including pledges testamentar gifts cumulative, including pledges testamentar gifts     Thomas . Barnett, r. on. ichard . Batte    on. Bobbi ank obert . aes on. ohn B. ones on. ohn Bastian    obert . iter, r. cott . oses on. ohn . Brown    Thomas ugene immons  harles . iter ar ane lear   ason .F. utton illiam pir ndrew . Fergel Barr . ickre on. ack . on ald raig . enned

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11 Dean’s List: News from the Law School of the students attending in person and half watching by video each day and reversing their roles the next day. by: Neil Fulton With social distancing our largest room can hold about 35 students. So about 70 students is perfect to facilitate Dean this accommodation. USD School of Law Student credentials remain strong. The median LSAT score is 150. That is one point lower than the record high for the class of 2020, but still very strong. The dip was driven in part by our admission of five students through ore than most years, 2020 has produced a conditional admission program. These students have things that are hard to believe. Add to that slightly lower numeric credentials but other compelling Mlist the reality that the class of 2023 is about circumstances and will participate in a mandatory to arrive at the Law School to begin 1L year. That seems “jump start" program before orientation and in an hard to believe for a couple of reasons. academic excellence program during the semester as a pilot. While numbers are critical to admission decisions, First, you must wrap your mind around the fact that none of us can be reduced to simply our numbers and the class of 2023 is on campus. I was just getting over numbers don't guarantee success. This pilot seeks to worrying about Y2K. Unless you graduated within the identify students who have an opportunity to compete last several years yourself, you do not want to do the and prove themselves with some additional support. I math on when these students were born. Trust me. It's believe that many of these students, if given a chance, painful. But, ready or not, here they come and these can become exceptional lawyers. lawyers to be are our future. It remains true that most of our students come from Second, it is hard to believe that with everything going South Dakota. 65% of the class comes from South on in the world it was possible to assemble a class. Dakota. The 35% not from South Dakota plummets to Please join me in giving an enormous tip of the cap to 9% when you take out those students from adjacent states our Director of Admissions Liz Taggart and Matthew like Iowa, Minnesota, and Nebraska. The reality remains Colbert, who joined the law school as her assistant that we recruit most of our students from within South midway through this recruiting cycle. They worked Dakota or from other states but within an hour or two through the cancellation of both the March and April from Vermillion. We are a regional law school and we LSAT, the uncertainty of how classes will be delivered are proud of that. We provide an excellent education for in the fall, and the decision of many students to defer students looking to build their careers in the Midwest, their attendance to put together a great class. They even as we send graduates across the country. worked creatively to leverage our scholarship dollars to maximum effect, to answer many student questions In line with most hometowns being in South Dakota, that lacked clear answers, and to convey to applicants most students also go to college in South Dakota. USD the real opportunity that a USD school of law education and SDSU remain the two most common undergraduate presents. I hope I'm not tempting fate to say that I cannot alma maters. Dakota Wesleyan, Northern, , imagine a more difficult recruiting environment, but and USF are all represented. We have one tribal college Liz and Matthew met the challenge brilliantly. graduate. There are also graduates of many universities near South Dakota of such as Wayne State, University Let me tell you a little bit about the Class of 2023. As of Nebraska, Drake, Southwest Minnesota State, I write, we have 70 incoming students. That number Minnesota State University Mankato, Iowa, Iowa State, always fluctuates until orientation, and even more and the University of Minnesota (Ski-u-mah, Row the so this year due to a lot of students being forced into Boat, Go Gophers). later LSAT administrations and others being uncertain about coming to campus in the fall. Under the These are the things we know today about the Class circumstances, this is a great number. To accommodate of 2023. It is an exciting group to welcome to campus. social distancing, we will section most classes with half But at least as exciting is all that we do not yet know 12 about them. It will be exciting to get to know these students as individuals and watch them learn and grow in coming years. It is exciting to realize that sitting in the courtroom during orientation are future leaders in practice, innovators in business, state legislators, judges and Supreme Court Justices, and individuals who will change their world in ways that we do not yet know. In my speech welcoming the Class of 2023 I told them that it was imperative for them to realize, if nothing else, that with each passing day the future “will depend a bit more on your generation at a bit less on mine." That is true. These students are our future. How they engage the world is lawyers on a daily basis can make the world little bit better, or little bit worse. Everyone at USD is excited to begin the work of giving them the tools and the inclination to make it a little bit better. There is work to be done in the world, and the Class of 2023 is starting to assemble the tools to do it.

Welcome home Class of 2023, let's get to work!

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

3:00 P.M. Capitol Rotunda Friday, November 6 Pierre, South Dakota

Please RSVP by October 23rd to Reception to [email protected] Or (605) 367-5883 Follow

13 A2J JUSTICE SQUAD Thank you to the following attorneys for accepting a pro bono or reduced rate case from Access to Justice, Inc., this month! You are now a member of the the A2J Justice Squad - an elite group of South Dakota lawyers who accept the responsibility to defend justice, uphold their oath and provide legal representation to those who need it. LEGACY." MARILYN TREFZ W H A T I S ERIC SCHLIMGEN MICHAEL SABERS LEGACY? HEATHER LACROIX IT'S STANTON ANKER PLANTING LYNDSAY DEMATTEO* SARAH BARON HOUY S E E D S I N RONDA MILLER A G A R D E N MARY KELLER YOU JOHN HUGHES *accepted two cases NEVER AND MUCH THANKS TO: G E T T O Scott Moses Kyle Krause SEE. FOR THEIR HELP ON " SD FREE LEGAL ANSWERS! -LIN-MANUEL Are you interested in becoming a legal superhero MIRANDA and member of the A2J Justice Squad? PLEASE SEND A MESSAGE TO DENISE LANGLEY AT: TRIVIA: The musical "Hamilton" opened 14 [email protected] on Broadway on August 6, 2015 HERO

a person who is admired or idealized for courage, outstanding achievements, or noble qualities

15 16 • 101 Volume Set Corpus Juris Secondum with 2007 pocket parts and 7 Volume Index • Volumes 1-57 Am. Jur., old • 19 Volume set Modern Legal Forms with 1 Volume Index • 6 Volume set Bancroft’s Probate Practice forms and commentary, issued in 1980 • Volumes 1-33 Am. Jur., Model Trial forms, with 2 Volume Index • Volumes 1-30 Am. Jur. Proof of Facts, with 1 volume Index • Volumes 1-46 Am. Jur. Proof of Facts 2d, with 1 Volume Index • Volumes 1-8, Set of West Federal Forms • Volumes 1-16 Wright and Miller Federal Practice and Procedure forms • Volumes 1-7 Barron’s Federal Pleading and Practice forms • Volumes 1-7 Winslow’s forms of Pleading and Practice • Dakota Digest Volumes 1-12 • Northwest Reporter 2d. Volumes 1-127 17 YOUR STATE BAR MEMBER ASSISTANCE PROGRAM

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Whether you are already in a South Dakota Medicaid Certified Facility or entering one, I can help.

My name is Vicki Nagel. I have been a licensed Social Worker in South Dakota working in elder care for 25 years. I am strictly a “Medicaid Consultant” and should not be considered as offering, legal, financial, investment or accounting advice or decisions.

Applying for Medicaid can be extremely complicated. There are innumerable guidelines to follow and even simple errors can result in a denial of benefits. The consequences of being denied by Medicaid are severe and can negatively impact the applicants’ finances and peace of mind, especially when one spouse needs to continue to pay the bills at home.

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20 FOR YOUR SUPPORT!

Since the announcement of the donor opportunities to assist with funding for the statue of Governor Coe Crawford, more than $5800.00 has been received to date towards the goal of $18,000! Thank you bar members, law firms and friends! Contributors: Jason Glodt and the Glodt Family will be sponsor donors of one quarter ofthe cost. Members of the State Bar of South Dakota have sponsored one quarter of the cost.

Lori Wilbur of Sioux Falls Bill Van Camp, Jr. of Pierre

Robert C. Riter, Jr. of Pierre Bob and Kim Hayes of Sioux Falls

Sandy Zinter of Pierre South Dakota State’s Attorneys Association of Pierre

Ron Schmidt and Chuck Schroyer, formerly of the Firm Schmidt, Schroyer, Colwill, Zinter & Barnett, PC of Pierre, in Memoryof their deceased former partners, Gary F. Colwill & Steven L. Zinter.

The names ofall donors will be included on the Trail of Governors website andin future editions of the Newsletter.

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22 23 To Text or Not to Text, that is the Question Change has consequences, however, and that’s what I really want to discuss. Texting is ubiquitous in our Mark Bassingthwaighte, Esq. culture, which makes it too easy. Instead of taking the Risk Manager, ALPS time to compose an email or pick up a phone, it takes [email protected] far less time to send a quick text at any time, day or night, and regardless of the setting just like everyone else does. But, is texting a good thing, particularly for a t times it’s hard to believe. Not only have all lawyer? Think about Comment 8 to ABA Model Rule of our kids reached adulthood, but every one 1.1 Competency, which reminds lawyers that they are Aof them is financially independent. Trust me, to “keep abreast of changes in the law and its practice I checked that “raise the kids” item off my life’s “to do” to include the benefits and risks associated with list with a tear in my eye! Now, although they are all relevant technology.” If you are communicating with living on their own, this doesn’t mean my wife and I clients via text messaging, have you thought about the don’t ever want to talk with them. We’re still family, ramifications of doing so? Please understand that I’m after all. To my surprise, however, trying to get ahold not trying to suggest when your lawyer hat is on you of any one of them during these adult years has turned should never send a text message. I just want to make out to be a bit more of a challenge than I thought it sure you’ve thought about the associated benefits and would be. While part of me actually likes that, because risks before doing so. I can play the game as well, there are times when I can get a little irritated. Speaking personally, I think a decision to hand out your cell number to clients is a bad idea absent It seems like our kid’s generation prefers to eschew establishing some healthy boundaries upfront. It’s a email and voicemail. In fact, several of our kids at work/life balance issue for me. I’m not a fan of 24/7 various times during their newfound independence availability because we all need downtime. But think went so far as to allow their voice mailbox to fill up about it, when people send a text, they are generally so no one could ever leave a message. That one used expecting an immediate response, even if it’s after to drive me crazy. Better yet, to this day if my wife you’ve gone home for the day. Are you prepared and or I send an email to any one of them, it may be read able to manage that expectation? within several weeks of receipt; but I assure you that any response, let alone a timely response, is quite the I also get concerned about the informality of text rarity. messaging and the fact that it’s often communication on the fly. Texts are typically short and succinct and Don’t get me wrong, it’s all good in terms of our that’s problematic if texts are being used in furtherance relationships with our kids. They just prefer to of advising a client or as part of the client’s decision- communicate in different ways than we older folks do. making process. Compounding the problem is the Yes, it took a few years; but we’ve come to learn that if failure of so many to capture and preserve such we really need to talk with one of them, texting is the exchanges as part of the client file. As I so often way to go. Most of our texts are answered quickly and remind attorneys, in the context of a malpractice sometimes they’ll even accept a call in response to a claim or disciplinary matter, if it wasn’t documented, it text. We’ve been trained well. wasn’t said, or it didn’t happen. Are you able to capture and preserve any and all substantive exchanges and are Now, as I sit here writing about our kids, I also you willing to make the commitment to actually do so? hear in my head my wife saying, Mark, what’s your If not, I’d seriously limit the use of texting. point? Well, my point is this. As tech continues to change our world at a seemingly ever-increasing pace, Do you charge for your time texting clients? I would communication practices and preferences have been assume you do. Do your clients know that? Text changing as well. I suspect our experiences with our messaging is a very inefficient way to communicate, own kids are not unique. Their generation’s use of again in terms of trying to have some sort of texting is just one example of the change in how people substantive exchange. Allowing clients that option is prefer to communicate as a result of tech advances. an inefficient use of your time and can needlessly result 24 in a larger bill than the client might be expecting. Look, I have no problem using text messaging to pass Why? It’s simply due to the need to send multiple texts along that there’s been a delay, the courtroom where to make sure you have all the information you need as you were to meet your client has changed, that a well as to confirm the client has correctly understood voicemail has been left that needs the client’s attention, the exchange. Is this truly the way you want to or that you are now available. Those types of texts seem communicate with your clientele? appropriate for the method of communication. And let’s be honest, while I might choose not to give out Finally, how do you know if the texts you’re sending my cell number, many of you already have or will. If will be received by the correct party? We often don’t you count yourself among the group that has or will, think about who might have access to the client’s keep the above issues in mind and remember this. Just cell phone or even the family computer where text because we can do something, doesn’t mean it’s a good messages can show up. Making matters worse, how idea. Texting has its place. I’m just hoping to help you would you know that a client has texted you an urgent define what that place might look like in your own message when your phone is off because you’re in practice, so you don’t get caught unawares. court? They will assume you received it and may rely on that belief in some fashion. Could this be a problem for an attorney? It already has been.

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25 In Memoriam Mark V. Meierhenry October 29, 1944 - David Lee Braun July 29, 2020 December 19, 1952 - July 27, 2020 Mark Meierhenry took his final breath on July 29, 2020, having David Lee Braun was born succumbed to pulmonary on December 19, 1952 to fibrosis at home in hospice Edward “Bud” and Mary care. He had been diagnosed with the progressive fatal (Milos) Braun in Deadwood, disease five years ago. He spent the last several months SD. He graduated from Lead High School in 1971 trying to start and finish his memoirs, but had to leave and attended SDSU, majoring in journalism, before the final touches to his granddaughter, Hannah, as the being drafted in 1973 during the Vietnam War. David disease overcame him. returned to college after two years of honorable service in the United States Army and graduated with a degree He was born October 29, 1944, in Gregory, South in business from Black Hills State College. He then Dakota, two weeks after his father was killed while attended law school at the University of South Dakota serving in WWII. His young widowed mother moved and graduated with sterling honors. to live with her parents in Gregory, where Mark lived until he left for college. His initial ambition to be a David married his high school sweetheart, best friend, college athlete and coach soon gave way to a career in and whole world, Darlene Jensen, in 1976 and was the law. He graduated from the University of South proud to say, “we have been married for 44 years and Dakota with a B.A. in 1966 and a J.D. in 1970. together for more than 50.” He and Darlene moved to Pierre, SD where he interned for Justice Miller then Mark loved the law and spent his life perfecting his practiced law with Max Gors, Jim Carlon, and Mark skills. His intellectual curiosity and storytelling abilities Smith. helped propel his 50-year legal career. He began his career as a legal aid attorney and then became Director He served as a deputy states attorney in the of South Dakota Legal Services for the Crow Creek, Department of Social Services under five governors Lower Brule and Rosebud Indian Reservations from and began a solo practice after retirement. He used 1970 - 1974. He then moved his family to Vermillion, his education and experience throughout his life to S.D., and formed the firm Meierhenry, DeVany & fight for the underrepresented and worked to ensure Krueger from 1974-1979. In addition to his private all voices were heard. Never one to shy away from a practice, he served as an adjunct professor of Trial challenge, he also ventured in business with The Vette Practice and Indian Law at the University of South Club and a pawn shop. Dakota Law School.

David lived his life in compassionate service of others Encouraged by his friend Bill Janklow, he decided to and gave generously of his time and talents to anyone run for South Dakota Attorney General. On January in need, great or small. He continued giving after 1, 1979, both men took office – Janklow as Governor, death through donation of corneas and other tissues. Mark as Attorney General. Mark served two terms as Attorney General. He then returned to private practice Grateful for traveling together with him on his in 1987 – this time in Sioux Falls with his son Todd, journey are his wife Darlene; mother Mary; brother who had just graduated from USD Law School. He Lonnie (Lori); two daughters,Tempe (Joel) Heck and and Todd joined with George Danforth to eventually Mandy (Kris) Reed; and five wonderful grandchildren become Danforth and Meierhenry and more recently (Clement, Malena, Henry, Elena, and Benjamin). God Meierhenry Sargent LLP. Mark was proud to see his blessed this humble servant. . granddaughter, Mae, join the firm this summer. 26 Mark Meierhenry was a nationally recognized Siebert), daughter Mary Meierhenry (Wade Dosch), trial attorney. He tried criminal and civil cases and seven grandchildren, Michael Dosch, Maxwell developed an expertise in eminent domain and Meierhenry, Mae Meierhenry, John Dosch, Hannah property law. He was fortunate enough to argue eight Dosch, Margaret Meierhenry and Amy Dosch. cases to the United States Supreme Court. He recently was awarded the Lifetime Achievement award for The family requests memorials go to the School of Law his contribution to the legal profession by the South USD Foundation “The Judith and Mark Meierhenry Dakota Trial Lawyers Association. Many of the lawyers Family Endowment.” he mentored over his career filled the room to pay tribute. Private memorial services will be held. A public visitation with the family will be from 4:00-7:00 In addition to law, Mark had a variety of endeavors. pm Tuesday, August 4th at Miller Funeral Home, Mark started Dakota Homestead, a title insurance Southside Chapel. company. The venture expanded to ownership of several title plants throughout the state. He built an The family respectfully requests that all people Angus cattle herd on his farm in Gregory County. attending the visitation please observe social Mark also co-authored an acclaimed series of children’s distancing protocols and to wear a mask while in books with his good friend, Dave Volk, - “The Mystery attendance. - Thank you!! of Round Rocks,” “The Mystery of Tree Rings,” “The Mystery of the Maize,” and “The Mystery of the Mark's memorial service will be live streamed over Pheasants.” With his wife, Judith, he co-authored the Miller Funeral Home You Tube Channel. You may “South Dakota Trial Handbook.” access this live stream at 10:00 am Wednesday, August 5th by going to https://youtu.be/Bs7FAlpp5dY Mark was a storyteller. Every life experience became a story to be told and embellished and retold. Anyone who knew Mark knew he loved to talk and to tell stories. His family probably endured his storytelling more than anyone. For the most part, they enjoyed listening and had heard some of the stories so many times, they could correct him if he misspoke.

Mark believed that providing and caring for his family was important. He and his wife, Judith, were a team for 59 years. They shared a passion for family, law, literature, and USD women’s basketball. He was proud of his children and grandchildren and delighted in their individual personalities and their achievements.

Mark accepted his diagnosis and impending death philosophically. For many years, Mark kept a daily journal. In one of his last entries, he reflected on his journey and concluded: “A life well lived is enough.”

Mark joins those who predeceased him: his father, Vernon Meierhenry, his mother Mary Casey Meierhenry O’Neill, stepfather Robert O’Neill, and three grandchildren, August “Gus” Meierhenry, Lauren Dosch, and Mark Dosch.

He leaves behind his wife, Judith, son Todd (Sabrina 27 28 29 30 31 32 33 34 35 36 37 38 State Bar of South Dakota Committee Assignments 2020-2021

Todd Wilkinson, De Smet Bobbi Thury, Sioux Falls ADMINISTRATIVE LAW Matthew Tobin, Sioux Falls Mallori Barnett, Pierre ALTERNATIVE DISPUTE RESOLUTION Rodrick Tobin, Aberdeen Steven Blair, Pierre Holly Behrens, Sioux Falls Paul Tschetter, Sioux Falls Megan Borchert, Pierre Patrick Burns, Minneapolis, MN Jayna Voss, Sioux Falls Niclas Dahlvang, Wessington Springs Corey Denevan, Sioux Falls Joseph Wiltse, Sioux Falls Drew DeGroot, Sioux Falls Charles Dorothy, Sioux Falls Sheila Woodward, Yankton Kristen Edwards, Pierre Gregory Erlandson, Rapid City Alafia Wright, San Jose, CA Holly Farris, Pierre Hon. David Gienapp, Madison Anita Fuoss, Pierre Chet Groseclose, Sioux Falls CLIENT ASSISTANCE FUND Shannon George-Larson, Sisseton Natalie Gronlund, Vermillion Pat Archer, CH, Pierre William Golden, Canton Katie Johnson, Beresford Bath Baloun, Sioux Falls Michael Houdyshell, Pierre James Marsh, Tripp Amy Bartling-Jacobsen, Gregory Julie Johnson, Mina Michael McKnight, Sioux Falls Matthew Naasz, Rapid City Kody Kyriss, Pierre Greg Peterson, Aberdeen Nancy Oviatt, Watertown Sarah Larson, Pierre Elizabeth Rosenbaum, Sioux City,IA Amber Mulder, Pierre Olivia Siglin, Vermillion CONTINUING LEGAL EDUCATION Graham Oye, Sioux Falls Heidi Thoennes, Sioux Falls Tara Adamski, Pierre John Richter, CH, Pierre Ali Tornow, Rapid City Stanton Anker, Co-CH, Rapid City Jeff Shultz, Sioux Falls Marilyn Trefz, Vermillion Alecia Fuller, Rapid City Justin Smith, Sioux Falls Linda Lea Viken, CH, Rapid City Eric Hanson, Sioux Falls Caroline Srstka, Sioux Falls Catherine Williamson, Pierre Sara Hughes, Sioux Falls Catherine Williamson, Pierre Jeffrey Hurd, Sioux Falls Rosa Yaeger, Pierre BUSINESS LAW Meghann Joyce, Co-CH, Sioux Falls Brian Zielinski, Sioux Falls Susan Anderson, Custer Cesar Juarez, Sioux Falls Amy Arndt, Co-CH, Sioux Falls Jessica LaMie, Pierre AGRICULTURAL LAW Frances Becker, Rapid City Jessica Larson, Rapid City Susan Anderson, Custer Josh Brown, Sioux Falls Sarah Richardson Larson, Sioux Falls Elliot Bloom, Rapid City James Cremer, Aberdeen Cassandra McKeown, Vermillion James Cremer, Aberdeen Thomas Deadrick, Pierre Alexa Moeller, Vermillion Brian Donahoe, Sioux Falls Jacob Dempsey, Pierre Melissa Neville, Aberdeen Craig Evenson, Clear Lake Justin DiBona, Rapid City Hon. Craig Pfeifle, Rapid City Dennis Evenson, Clear Lake Matthew Dorothy, Harrisburg Victoria Reker, Sioux Falls Clint Fischer, Vermillion Eric Erickson, Sioux Falls Brandy Rhead, Rapid City Jacob Fischer, St. Paul MN Vincent Foley, Watertown Carrie Sanderson, Sioux Falls Amanda Gaikowski, Sioux Falls Patrick Goetzinger, Rapid City William Sims, Sioux Falls Thomas Geu, Vermillion Chad Hansen, Dell Rapids Jason Sutton, Sioux Falls Yvette LaFrentz, Pierre Dixie Hieb, Sioux Falls Jeffrey Tronvold, Pierre David Larson, Chamberlain Laura Hodson, Rapid City Jennifer Williams, Rapid City Larry D. Nelson, Sioux Falls David Hosmer, Yankton Robert Nelson, Sioux Falls Curtis Jensen, Rapid City CRIMINAL LAW Mitchell Peterson, Sioux Falls Darrell Jesse, Dakota Dunes Jason Adams, Co-CH, Sioux Falls Hunter Roberts, Pierre Brian Kirby, Sioux Falls James Billion, Sioux Falls Jason Shanks, Sioux Falls Andrew Knutson, Co-CH, Sioux Falls Paul Brankin, Rapid City Danny Smeins, Britton David Lust, Rapid City Philip Carlson, Co-CH, Pierre Kelsea Sutton, Co-CH, Burke Carey Miller, Sioux Falls Melissa Fiksdal, Sioux Falls Jacob Tiede, Mitchell Heath Oberloh, Sioux Falls Koln Fink, Sioux Falls Michael Traxinger, Co-CH, Aberdeen David Rezac, Sioux Falls Grant Flynn, Pierre Paul Tschetter, Sioux Falls Jamison Rounds, Crooks Ellery Grey, Rapid City Chelsea Wenzel, Pierre Timothy Thomas, Rapid City Raleigh Hansman, Sioux Falls

1 39 CRIMINAL LAW continued… DIVERSITY AND INCLUSION Erika Campbell, Northfield, MN John Hinrichs, Sioux Falls Timothy Billion, Sioux Falls Jo Ann Dickinson, Sioux Falls George Johnson, Gregory Hon. Joni Cutler, Sioux Falls Greg Eiesland, Rapid City Ryan Kolbeck, Sioux Falls Angelique EagleWoman, Wilmot Anita Fuoss, Pierre Joseph Kosel, Lead Hon. Francy Foral, Sturgis Lonald Gellhaus, Aberdeen Jessica LaMie, Pierre Robert Frieberg, Beresford Karen Gourley, Sioux Falls Sarah Larson, Pierre Neil Fulton, Vermillion Lindsay Harris, Sioux Falls Hon. Heidi Linngren, Rapid City Wendy Hess, Vermillion John Heisler, Sioux Falls Shiloh MacNally, Rapid City Taneeza Islam, Sioux Falls Timothy Hogan, Brookings Katie Mallery, Sioux Falls Jenipher Jones, Denver CO Hon. Janine Kern, Rapid City Cassandra McKeown, Vermillion Cesar Juarez, Co-CH, Sioux Falls McLean Kerver, CH, Rapid City Kenneth Meyer, Madison Denise Langley, Pierre Brian Kirby, Sioux Falls Amanda Miiller, Pierre Christopher Leon, Yankton Gregory Litton, Rapid City Robert Pasqualucci, Rapid City Lorie Melone, Rapid City Lisa Maguire, Sioux Falls N. Bob Pesall, Flandreau Tamara Nash, Sioux Falls Sabrina Meierhenry, Sioux Falls Amber Richey, Deadwood Erika Olson, Rapid City Nicole Nachtigal, Sioux Falls Lara Roetzel, Rapid City Stephanie Pochop, Gregory Martin Oyos, Sioux Falls Jason Rumpca, Pierre Alison Ramsdell, Sioux Falls Michael Porter, Rapid City Eric Schlimgen, Rapid City Marie Ruettgers, Rapid City Michael Sharp, Folsom, CA Janki Sharma, Rapid City Eric Schulte, Sioux Falls Thomas Simmons, Vermillion Olivia Siglin, Rapid City Thomas Simmons, Vermillion Douglas Thesenvitz, Sioux Falls Traci Smith, Sioux Falls Michael Traxinger, Aberdeen Bobbi Thury, Sioux Falls Daniel Van Gorp, Kadoka Daniel Weinstein, Sioux Falls Ali Tornow, Rapid City Kelsey Weber, Rapid City Amanda Work, Co-CH, Winner Stephen Wesolick, Rapid City Amanda Work, Winner Rebecca Wilson, Sioux Falls EDUCATION LAW DEBTOR-CREDITOR Brett Arenz, Sioux Falls ETHICS Thomas Ashby, Omaha, NE Michele Bennett, Huron Cameo Anders, Sioux Falls Laura Kulm Ask, Sioux Falls Jeff Bratkiewicz, Sioux Falls John Billion, Sioux Falls Ellie Bailey, Pierre Tyler Coverdale, Sioux Falls Jeffrey Bratkiewicz, Sioux Falls Mariah Bloom, Spearfish Holly Farris, Pierre Tracey Dollison Decker, Rapid City Megan Brandriet, Rapid City Jennifer Frank, Rapid City Kimberly Dorsett, Aberdeen James Cremer, Aberdeen AJ Franken, Vermillion Dan Fritz, Sioux Falls Patrick Dougherty, Sioux Falls Tracy Greene, Co-CH, Brookings Alecia Fuller, Rapid City Keith Gauer, Sioux Falls Robert Griggs, Sioux Falls Neil Fulton, Vermillion Sara Greff-Dannen, Sioux Falls Gerald Kaufmann, Pierre Taylor Hayes, Sioux Falls Timothy Hogan, Brookings Samuel Kerr, Co-CH, Rapid City Eric Kelderman, Rapid City Anthony Hohn, Sioux Falls Nathan Lukkes, Pierre Christopher Madsen, Sioux Falls David Hosmer, Yankton Lisa Marso, Sioux Falls Donald McCarty, Brookings Steve Huff, Yankton Tate Means, Porcupine Wendy McGowen, Rapid City Sarah Laughlin, Sioux Falls Howard Pallotta, Sioux Falls Sander Morehead, CH, Sioux Falls Nicholas Moser, Yankton Richard Pluimer, Spearfish Kimberly Pehrson, Rapid City John Mullen, Sioux Falls Abbie Ranschau, Sioux Falls Mike Schaffer, Sioux Falls Larry D. Nelson, Sioux Falls Paul Sedlacek, Rapid City Thomas Simmons, Vermillion Robert Nelson, CH, Sioux Falls Kassie Shiffermiller, Rapid City Ryan Snell, Sioux Falls Lee Ann Pierce, Brookings James Shekleton, Pierre Cassidy Stalley, Rapid City John Richter, Pierre Michael Trump, Rapid City Eric Ronke, Sioux Falls Sheila Woodward, Yankton EVIDENCE Kristina Schaefer, Sioux Falls Daniel Brendtro, Sioux Falls Torrey Sundall, Sioux Falls ELDER LAW John Burke, Rapid City Kelsea Sutton, Burke Robin Aden, Sioux Falls Hon. Natalie Damgaard, Canton Michael Traxinger, Aberdeen Cameo Anders, Sioux Falls Bradley Gordon, Rapid City Brian Utzman, Rapid City Brenda Ask, Canton Chris Hutton, Philadelphia, PA Ashlee Wendt, Sioux Falls Joseph Barnett, Aberdeen Stephen Landon, Sioux Falls Stephen Wesolick, Rapid City Mariah Bloom, Spearfish Jeff Larson, Sioux Falls 2

40 EVIDENCE continued… Anna Kerner Andersson, Burke INDIAN LAW Barbara Lewis, Rapid City Langu Okall, Sioux Falls Kirk Albertson, Pierre Shiloh MacNally, Rapid City Kari Scofield, CH, Sioux Falls Margaret Bad Warrior, Dupree Matthew Murphy, CH, Sioux Falls Tim Billion, Sioux Falls Donald Porter, Rapid City IN-HOUSE COUNSEL Curtis Carroll, Eagle Butte Eric Preheim, Sioux Falls Derek Bertsch, Sioux Falls Leonika Charging, Bellevue, NE Lindsey Quasney, Sioux Falls Frank Bettmann, Rapid City Kyle Chase, Sioux Falls Martha Rossiter, Rapid City Deb Birgen, Sioux Falls Meghan Dilges, Pierre Janki Sharma, Rapid City Sarah Bouwman, Sioux Falls Deborah DuBray, Co-CH, Rapid City Michael Snyder, Sioux Falls Meghan Brandriet, Sioux Falls Cheryl DuPris, Pierre Gary Thimsen, Sioux Falls Jennifer Clites, Brookings Angelique EagleWoman, Wilmot Robert Trzynka, Sioux Falls Karen Cremer, Pierre Shaun Eastman, Eden Karly Winter, Pierre Carla Cushman, Rapid City James Eirinberg, Sioux Falls Arman Zeljkovic, Rapid City Eric DeNure, Sioux Falls Hon. Robert Gusinsky, Rapid City Michael Diedrich, Rapid City Dana Hanna, Rapid City FAMILY LAW Matthew Dorothy, Harrisburg Stacy Hegge, Pierre Beth Baloun, Sioux Falls Elizabeth Duffy, Sioux Falls Phil Hogen, Black Hawk Mary Burd, Sioux Falls Joseph Dylla, Sioux Falls Brendan Johnson, Sioux Falls Amanda Engel, Sioux Falls David Edwards, Sioux Falls Denise Langley, Pierre Margaret Gillespie, Sioux Falls Justin Goetz, Brookings Leroy LaPlante, Sioux Falls Jennifer Goldammer, Brookings Eric Hanson, Sioux Falls Cheryl Laurenz-Bogue, Dupree Lindsay Hills, Watertown Shawna Hanson, Brookings Lorrie Miner, Lower Brule Thomas Keller, Sioux Falls Robert Hollan, Sioux Falls Troy Morley, Pierre Kristen Kochekian, Redfield Julie Johnson, Mina Lacy Neuenfeldt, Flandreau Kyle Krause, Rapid City Nancy Johnson, Brandon Alvin Pahlke, Winner Tiffani Landeen, Sioux Falls Tera Johnson, Sioux Falls Seth Pearman, Co-CH, Flandreau Denise Langley, Pierre Adam Kirsch, Rapid City Frank Pommersheim, Vermillion Emily Maurice, Sioux Falls Amy Koenig, Rapid City Shane Pullman, Rapid City Donald McCarty, Brookings Joel Landeen, Rapid City Matthew Rappold, Rapid City Chris McClure, Sioux Falls Amy Lauck, Sioux Falls Thomas Simmons, Vermillion Lorie Melone, Rapid City Lee Magnuson, Sioux Falls Anthony Sutton, Sioux Falls Melissa Neville, Aberdeen Sabrina Meierhenry, Sioux Falls Mark Vargo, Rapid City Melissa Nicholson Breit, Sioux Falls Wade Nyberg, Rapid City Ron Volesky, Huron Kari Nordstrom, Rapid City Jonathan Olson, Sioux Falls Kylie Riggins, Rapid City Jonathan Oostra, Sioux Falls JUDICIAL BAR LIAISON Beth Roesler, Sioux Falls Alison Ovenden, Sioux Falls Robert Anderson, Pierre Elizabeth Rosenbaum, Sioux City, IA Ryan Petersen, Sioux Falls Mark Arndt, Sioux Falls Marilyn Trefz, Vermillion Daniel Rafferty, Yankton Lonnie Braun, Rapid City Linda Lea Viken, Rapid City Michelle Randall, Sioux Falls Renee Christensen, Sioux Falls Dava Wermers, Mitchell Matt Roby, Watertown Joel Engel, Sioux Falls Kellen Willert, Belle Fourche Kristina Schaeffer, Sioux Falls Greg Eiesland, Rapid City Terri Williams, CH, Rapid City David Stoos, Sioux Falls Thomas Frankman, CH, Sioux Falls Joshua Zellmer, Sioux Falls Torrey Sundall, Sioux Falls Dan Fritz, Sioux Falls Kelsea Sutton, Burke William Garry, Sioux Falls IMMIGRATION LAW Jeffrey Swett, Murfreesboro, TN Anthony Hohn, Sioux Falls Amanda Bahena, Sioux Falls Sarah Theophilus, Sioux Falls Gary Jensen, Rapid City Diana Boni, Okaton Heidi Thoennes, Sioux Falls Hon. Steven Jensen, Vermillion Aisha Carr, Valentine, NE Michael Traxinger, Aberdeen Stacy Johnson, Aberdeen Jacob Dempsey, Pierre Nicole Tupman, CH, Sioux Falls Hon. Janine Kern, Rapid City Casey Eekhoff, Sioux Falls Jason Unger, Flandreau Hon. Heidi Linngren, Rapid City Henry Evans, Sioux Falls James Wefso, Rapid City David Lust, Rapid City Janice Godtland, Sioux Falls Ashlee Wendt, Sioux Falls Hon. Carmen Means, Watertown George Grassby, Rapid City Ashley Wenger-Slaba, Sioux Falls Ann Mines-Bailey, Pierre Sandi Haeuszer, Sioux Falls Karly Winter, Pierre Thomas Nicholson, Sioux Falls Taneeza Islam, Sioux Falls Colleen Zea, Sioux Falls Stephanie Pochop, Gregory 3

41 JBL continued… Hon. Steven Jensen, Vermillion LEGAL SERVICES Hon. James Power, Sioux Falls Jeff Larson, Sioux Falls Reece Almond, AAL CH, Sioux Falls Brian Radke, Sioux Falls Sarah Richardson Larson, Sioux Falls Chris Christiansen, AAL CH, Rapid City Greg Sattizahn, Pierre Anna Limoges, Sioux Falls Kelly Collinsworth, Vermillion Hon. Patrick Smith, Mitchell Hon. Heidi Linngren, Rapid City Kimberly Dorsett, Aberdeen Hon. Robert Spears, Watertown Marshall Lovrien, CH, Aberdeen Andrew Fergel, Pierre Hon. Marya Tellinghuisen, Rapid City David Lust, Rapid City Wendy Hess, Vermillion Roy Wise, Aberdeen Donald McCarty, Brookings Sarah Baron Houy, Co-CH, Sioux Falls Joshua Zellmer, Sioux Falls Bob Morris, Belle Fourche Steven Huff, Yankton Matt Murphy, Sioux Falls Denise Langley, Pierre LABOR & EMPLOYMENT LAW Tamara Nash, Sioux Falls Cassandra McKeown, Vermillion Susan Anderson, Custer Hon. Margo Northrup, Pierre Annemarie Michaels, Rosebud Jean Bender, Sioux Falls Hon. Craig Pfeifle, Rapid City Tom Mortland, Mission A.Stevenson Bogue, Omaha, NE Reed Rasmussen, Aberdeen Scott Moses, Rapid City Sarah Bouwman, Sioux Falls Pamela Reiter, Sioux Falls Ramon Ortiz, Vermillion Tyler Coverdale, Sioux Falls Hon. Susan Sabers, Sioux Falls Reed Rasmussen, Aberdeen Kimberly Dorsett, Aberdeen Clint Sargent, Sioux Falls Brandy Rhead, Rapid City Joseph Dreesen, Omaha, NE Eric Schulte, Sioux Falls Robert Riter, Pierre Jennifer Frank, Rapid City Sarah Theophilus, Sioux Falls Eric Schulte, Co-CH, Sioux Falls Shannon George-Larson, Sisseton Mary Thorstenson, Rapid City Jeff Shultz, Sioux Falls Michael Hickey, Rapid City Paul Tschetter, Sioux Falls Mike Srstka, AAL Vice-CH, Sioux Falls Sarah Baron Houy, Sioux Falls Mark Vargo, Rapid City Brent Thompson, Sioux Falls Dennis Maloney, Aberdeen Terry Westergaard, Rapid City Marilyn Trefz, Vermillion Lisa Marso, Sioux Falls Cheryl Valandra, Mission Ashley McDonald, Spearfish LAWYER REFERRAL Terry Westergaard, Rapid City Kassie Shiffermiller, Rapid City Thomas Ashby, Omaha, NE Kellen Willert, AAL Vice-CH, Belle Fourche Nichole Mohning, Sioux Falls Christopher Dohrer, Aberdeen Amber Mulder, CH, Pierre Brian Kirby, Sioux Falls NATURAL RESOURCES & Cheri Raymond, Sioux Falls Pamela Reiter, CH, Sioux Falls ENVIRONMENTAL LAW Meghan Roche, Sioux Falls David Wheeler, Huron Ashley Anson, Wessington Springs Beth Roesler, Sioux Falls Colleen Zea, Sioux Falls Deb Birgen, Sioux Falls Tim Shattuck, Sioux Falls Steven Blair, Pierre James Shekleton, Pierre LAWYERS ASSISTANCE Elliott Bloom, Rapid City Thomas Clayton, Sioux Falls Brian Donahoe, Sioux Falls LAW PRACTICE MANAGEMENT Ryan Darling, Pierre Kristen Edwards, Pierre Jordan Bordewyk, Rapid City Henry Evans, Sioux Falls Bruce Ellison, Rapid City Timothy Bottum, Mitchell Dan Fritz, Sioux Falls David Ganje, Sun City, AZ David Edwards, Sioux Falls Gregg Greenfield, Sioux Falls Dusty Ginsbach, Buffalo Vincent Foley, Watertown Scott Hoy, Sioux Falls Thomas Graslie, Rapid City Kristen Kochekian, Redfield Cesar Juarez, Sioux Falls Dwight Gubbrud, CH, Belle Fourche David Larson, Chamberlain Lon Kouri, Sioux Falls Brett Koenecke, Pierre Rachelle Norberg, Burke Renae Kruse, Sioux Falls Jessica Larson, Rapid City Janet Olson, Sioux Falls Sonia Larson, Sioux Falls Max Main, Belle Fourche Mitchell Peterson, Sioux Falls Robert Lewis, Rapid City Scott Moses, Rapid City Sara Show, Co-CH, Sioux Falls Mark Marshall, Rapid City Spencer Mosness, Rapid City Anthony Teesdale, Co-CH, Brookings Michael McKnight, Sioux Falls Wade Nyberg, Rapid City Doug Thesenvitz, Sioux Falls Patricia Meyers, Rapid City Erika Olson, Rapid City Greg Wheeler, Sioux Falls Tamara Nash, Sioux Falls Jess Pekarski, Rapid City Eric Young, Vermillion Stephanie Pochop, CH, Gregory Hunter Roberts, Pierre Rebecca Porter, Rapid City David Stoos, Sioux Falls LAW SCHOOL Vincent Purtell, Sioux Falls William Taylor, Sioux Falls Douglas Barnett, Sioux Falls Michelle Randall, Sioux Falls Timothy Thomas, Rapid City Thomas Frieberg, Beresford Matthew Roby, Watertown Kellen Willert, Belle Fourche Robert Hayes, Sioux Falls Robbie Rohl, Rapid City Richard Williams, Rapid City Hon. Douglas Hoffman, Sioux Falls Tracy Zephier, Eagle Butte 4

42 NREL continued… Roger Sudbeck, Sioux Falls Gary Thimsen, Sioux Falls Doug Abraham, Pierre Nancy Turbak Berry, Watertown Ex-Officio: Laurence Zastrow, Scottsdale, AZ Shirley Jameson-Fergel, Pierre NEGLIGENCE AND TORT LAW Douglas Abraham, Pierre PATTERN JURY INSTRUCTIONS - PROJECT RURAL PRACTICE Steven Beardsley, Rapid City CRIMINAL Ashley Anson, White Lake Michael Bornitz, Sioux Falls Jason Adams, Sioux Falls Margaret Bad Warrior, Dupree John Burke, Rapid City Kirk Albertson, Pierre Amy Bartling, Gregory Renee Christensen, Sioux Falls Hon. Tami Bern, Yankton Chris Beesley, Custer Eric DeNure, Sioux Falls Paul Cremer, Pierre Ryan Cwach, Bloomfield, NE Shannon Falon, Sioux Falls Amanda Eden, Canton Jennifer English, Salem Zach Flood, Mitchell Koln Fink, Sioux Fall Dennis Evenson, Clear Lake Alicia Garcia, Rapid City Erin Handke, Pierre Thomas Frieberg, Beresford Elizabeth Hertz, Sioux Falls Stacy Hegge, Pierre Hon. David Gilbertson, Pierre John Hinrichs, Sioux Falls Mark Hodges, Sioux Falls Dusty Ginsbach, Buffalo Kathy Hoskins, Sioux Falls Seth Klentz, Beresford Patrick Goetzinger, Co-CH, Rapid City Jeffrey Hurd, Rapid City Stephanie Kroeze, Rapid City Thomas Graslie, Rapid City Kim Lanham, Sioux Falls Constance Larson, Co-CH, Sioux Falls Kristen Kochekian, Redfield Jolene Nasser, Sioux Falls Jennifer Mammenga, Co-CH, Sioux Sarah Larson, Pierre R. Alan Peterson, Sioux Falls Falls Bob Morris, Co-CH, Belle Fourche Vince Purtell, Sioux Falls Cullen McNeece, Pierre Chad Nelson, Milbank Robbie Rohl, Rapid City Alexa Moeller, Vermillion Rachelle Norberg, Burke Michael Sharp, Folsom, CA Lindsey Quasney, Sioux Falls Shane Penfield, Lemmon Roger Sudbeck, Sioux Falls Lindsey Riter-Rapp, Pierre Bob Pesall, Flandreau Heidi Thoennes, Sioux Falls Jason Rumpca, Pierre Scott Peterson, Valentine, NE Michael Tobin, Sioux Falls Heather Sazama, Rapid City Suzanne Starr, Pierre Thomas Tonner, Aberdeen Janki Sharma, Rapid City Kelsea Sutton, Burke Robert Trzynka, Sioux Falls Olivia Siglin, Rapid City Amanda Work, Winner Bram Weidenaar, CH, Sioux Falls Hon. Richard Sommers, Aberdeen Mark Welter, Sioux Falls Carrie Srtska, Sioux Falls SOLO AND SMALL FIRM Mindy Werder, Watertown Jeffery Tronvold, Pierre Ashley Anson, White Lake Tracey Ann Zephier, Eagle Butte Eric Whitcher, Rapid City Corey Bruning, Flandreau Laurence Zastrow, Scottsdale, AZ Erika Campbell, Northfield, MN PATTERN JURY INSTRUCTIONS - CIVIL James Craig, Sioux Falls Hon. John Bastian, Belle Fourche PRACTICE RULES REVISION Jennifer English, Salem Gregory Bernard, Rapid City Mallori Barnett, Pierre Vincent Foley, Watertown Michael Bornitz, Sioux Falls Gregory Bernard, Rapid City John Frederickson, Deadwood John Burke, Rapid City John Burke, CH, Rapid City Gregory Grajczyk, Milbank Jeffery Collins, Rapid City Melanie Carpenter, Sioux Falls Thomas Graslie, Co-CH, Rapid City Brian Donahoe, Sioux Falls Delia Druley, Sioux Falls Nicole Griese, Sioux Falls Deliah Druley, Sioux Falls Aaron Eiesland, Rapid City Katie Johnson, Co-CH, Beresford William Fuller, CH, Sioux Falls Gregory Erlandson, Rapid City Richard Johnson, Sioux Falls Hon. Cheryle Gering, Yankton Shannon Falon, Sioux Falls Thomas Keller, Sioux Falls Hon. Douglas Hoffman, Sioux Falls Gregory Grajczyk, Milbank Kristen Kochekian, Redfield John Hughes, Sioux Falls Jeffrey Hurd, Rapid City Scott Kuck, Aberdeen Jeffrey Hurd, Rapid City Meghann Joyce, Sioux Falls David Larson, Chamberlain Barbara Lewis, Rapid City Shiloh MacNally, Rapid City Cheryl Laurenz Bogue, Dupree Anna Limoges, Sioux Falls Ann Mines-Bailey, Pierre Chris McClure, Sioux Falls Ann Mines-Bailey, Pierre Sander Morehead, Sioux Falls Bob Morris, Belle Fourche Steven Morgans, Sioux Falls Kristopher Reed, Aberdeen Seth Nielsen, Minneapolis, MN Dean Nasser, Sioux Falls Tim Shattuck, Sioux Falls Rachelle Norberg, Burke Steven Oberg, Rapid City Jay Schultz, Rapid City Langu Okall, Sioux Falls Sara Show, Sioux Falls Hon. John Sogn, Sioux Falls Michael Ortner, Hot Springs Hon. Richard Sommers, Aberdeen Roger Sudbeck, Sioux Falls N. Bob Pesall, Flandreau Philip Stiles, Rapid City Jason Sutton, Sioux Falls Glen Petersen, Tyler MN 5

43 SOLO/SMALL FIRM continued… Hon. Greg Stoltenburg, Brookings WORKERS COMPENSATION Greg Protsch, Howard James Sword, Hot Springs Daniel Ashmore, Rapid City Richard Rahn, Sioux Falls John Taylor, Sioux Falls Jami Bishop, CH, Sioux Falls Danny Smeins, Britton Sarah Theophilus, Co-CH, Sioux Falls Gene Bushnell, Rapid City Sandy Steffen, Gregory Gary Thimsen, Co-CH, Sioux Falls Kristi Holm, Sioux Falls John Stekly, Platte Kellen Willert, Belle Fourche Julie Johnson, Mina Marilyn Trefz, Vermillion Margo Julius, Rapid City Lisa Von Wald, Selby WEBSITE REVIEW COMMITTEE Charles Larson, Sioux Falls Daniel Weinstein, Sioux Falls Diana Boni, Okaton James Leach, Rapid City Nathan Chicoine, Rapid City Brad Lee, Rapid City STRATEGIC PLAN Andrew Fergel, Pierre Rebecca Mann, Rapid City Richard Casey, Co-CH, Sioux Falls Samuel Kerr, Rapid City James Marsh,Tripp Andrew Fergel, Pierre Scott Moses, Rapid City John McCoy, Rapid City Hon. Francy Foral, Sturgis Colleen Zea, CH, Sioux Falls Amber Mulder, Pierre Thomas Frieberg, Beresford Jolene Nasser, Sioux Falls Neil Fulton, Vermillion WOMEN IN LAW Rick Orr, Sioux Falls Patrick Goetzinger, Rapid City Robin Aden, Sioux Falls R. Alan Peterson, Sioux Falls Taneeza Islam, Sioux Falls Ellie Bailey, Pierre Catherine Sabers, Rapid City Hon. Janine Kern, Rapid City Deb Birgen, Sioux Falls Tracye Sherrill, Sioux Falls Samuel Kerr, Rapid City Diana Boni, Okaton Jeff Shultz, Sioux Falls Melissa Neville, Aberdeen Sarah Bouwman, Sioux Falls Michael Simpson, Rapid City Hon. Margo Northrup, Pierre Mary Burd, Sioux Falls Justin Smith, Sioux Falls Elizabeth Overmoe, Sioux Falls Hon. Natalie Damgaard, Sioux Falls Joseph Thronson, Pierre Seth Pearman, Flandreau Delia Druley, Sioux Falls Bram Weidenaar, Sioux Falls Alison Ramsdell, Sioux Falls Anita Fuoss, Murdo Jennifer Wosje, Sioux Falls Pamela Reiter, Sioux Falls Nicole Griese, Sioux Falls Kirsten Taggart, Coleman Roxanne Hammond, Pierre Rodrick Tobin, Aberdeen Stacy Hegge, Pierre Terry Westergaard, Rapid City Laura Hensley, Sioux Falls Jennifer Williams, Co-CH, Rapid City Wendy Hess, Vermillion

Colleen Zea, Sioux Falls Lindsey Hills, Watertown Ann Hoffman, Sioux Falls VETERANS COMMITTEE Jenipher Jones, Denver, CO Kirk Albertson, Pierre Karla MacArthur-Harris, Rapid City Kathryn Cahoy, Sioux Falls Jana Miner, Pierre Justin Clarke, Sioux Falls Erica Ramsey, Sioux Falls Craig Evenson, Clear Lake Abbie Ranshau, Sioux Falls Bruce Ford, Watertown Kristi Vetri, O’Fallon, IL Dusty Ginsbach, Buffalo Linda Lea Viken, Rapid City Edward Hruska, Pierre Kelsey Weber, Rapid City

Darrell Jesse, Dakota Dunes Kiira Weber, CH, Sioux Falls Amanda Kippley, Sioux Falls Ashlee Wendt, Sioux Falls Seth Klentz, Sioux Falls Amanda Work, Winner Gregory Litton, Rapid City Rosa Yaeger, Pierre Karla MacArthur-Harris, Rapid City Donald McCarty, Brookings Bob Morris, Belle Fourche David Natvig, Kimball Jonathan Olson, Sioux Falls Philip Peterson, Beresford

Jason Ravnsborg, Pierre Alice Rokahr, Sioux Falls Tracye Sherrill, Sioux Falls Melissa Sommers, Sioux Falls Hon. Robert Spears, Watertown Last Update: 07/30/2020 6

44 State Bar of South Dakota Officers, Section Leadership, &

Officers of Related Groups 2020-2021

Officers of the Bar Margo Tschetter Julius, Rapid City Robert Lewis, Rapid City President, Terry Westergaard, Rapid City Thomas J. Welk, Sioux Falls James Margadant, Rapid City President-Elect, William Garry, Sioux Falls Mark Marshall, Rapid City Andrew Fergel, Executive Director & Council of School Attorneys Boyd McMurchie, Sioux Falls Secretary-Treasurer, Pierre Rodney Freeman, President, Huron Steve Miller, Nehalem, OR Kelsey Parker, Vice-Pres., Rapid City Gary Pashby, Sioux Falls Board of Bar Commissioners Gerald Kaufman, Sec./Treas., Pierre Donald Porter, Rapid City 1st – Marilyn Trefz, Vermillion Thomas Reynolds, Yankton 2nd – Renee Christensen, Sioux Falls Disciplinary Board Matthew Roby, Watertown 3rd – Matthew Roby, Watertown William C. Garry, CH, Sioux Falls Robert “Robbie” Rohl, Rapid City 4th – Drew Sjkoldal, Spearfish John Burke, Rapid City 5th – Stacy Johnson, Aberdeen Julie M. Dvorak, Aberdeen Local Bar Presidents 6th – Brent Kempema, Pierre Curt Everson, Lay Member, Pierre Clay-Union Bar – Katie Johnson 7th – Kirsten Aasen, Rapid City Jana Miner, Pierre First Circuit Bar - John P. Blackburn AL – Edward Hruska, Pierre Eric Schulte, Sioux Falls Yankton County Bar – Erich K. Johnke AL – Josh Wurgler, Aberdeen Roy Wise, Aberdeen Second Circuit Bar – Catherine Schlimgen AL – Dusty Ginsbach, Buffalo Robert B. Frieberg, Counsel, Beresford Beadle County Bar – David Wheeler AL – Aaron Pilcher, Huron Tom Frieberg, Counsel, Beresford Brookings County Bar – Tony Teesdale AL – Eric Pickar, Rapid City Tri-County Bar County Bar – Abby Oftedal AL – Tim Dougherty, Sioux Falls Fellows of the American Bar Foundation Codington County Bar – James C. Roby Bob Hayes, State Ch., Vermillion Glacial Lakes Bar - Dana J. Frohling Access to Justice Brown County Bar – Jerry McNeary Denise Langley, Co-Coordinator, Pierre Judges Association Rosebud Bar – Amanda Work Elizabeth Overmoe, Co-Coordinator, Sioux Hon. Mark Anderson, President Pennington County Bar – Chris Falls Hon Doug Hoffman, Vice President Christianson Hon. Patty DeVaney, Secretary-Treasurer Black Hills Criminal Defense Bar – Robbie American Board of Trial Advocates Rohl Richard Travis, President Judicial Qualifications Commission Butte County Bar - Bob L. Morris Heather Lammers Bogard, President-Elect Mark Haigh, Sioux Falls, Chair Fourth Circuit Bar - Keith R. Smit Melanie Carpenter, Secretary Timothy Engel, Fort Pierre Fall River County Bar - Jane M. Farrell William Garry, National Rep. Hon. Robert Gusinsky, Rapid City Gary Thimsen, National Rep. Hon. Robin J. Houwman, Sioux Falls Public Sector Section Officers and Robert Morris, Belle Fourche Board of Directors Attorneys Liability Protection Society Rebecca Porter, Rapid City Matthew Roby, President, Watertown (ALPS) Mark S. Roby, Watertown, Vice Chair Stacy Hegge, Vice-President, Pierre Jeffrey T. Sveen, Director, Aberdeen Tracey Decker, Secretary, Rapid City Lawyers Concerned for Lawyers Carla Cushman, Rapid City Board of Bar Examiners Rebecca Porter, Co-Ch., Rapid City John Richter, Pierre Susan M. Sabers, Ch., Sioux Falls Mary Dell Cody, Yankton, Co-Ch., Mark Vargo, Rapid City Jack H. Hieb, Aberdeen Kirsten Aasen, Rapid City Rich Williams, Pierre Larry M. Von Wald, Rapid City Robert Burns, Minneapolis, MN Jane Wipf Pfeifle, Hon., Rapid City Thomas Clayton, Sioux Falls Real Property, Probate & Trust Section Reed Rasmussen, Aberdeen Ryan Darling, Pierre Executive Council John “Jack” Delaney, Rapid City Tyler Wetering, President, Rapid City Commission on Equal Access to Our William Delaney, III, Sioux Falls Dana J. Frohling, Secretary, Britton Courts Frank Driscoll, Rapid City Andy Fergel, Budget Officer, Pierre Sally Christenson, Pierre Henry Evans, Sioux Falls John R. Frederickson, Deadwood Hon. Joni Clark, Sioux Falls Gregg Greenfield, Sioux Falls Brian K. Kirby, Sioux Falls Michelle Glodt, Pierre Sarah Baron Houy, Rapid City Nancy L. Oviatt, Watertown Lynn Hammerstrom, Belle Fourche James Jeffries, Rapid City Henry K. Evans, Sioux Falls Gregory L. Sattizahn, Pierre Renae Kruse, Sioux Falls Marc S. Feinstein, Sioux Falls

1 45 Haven L. Stuck, Rapid City Rebecca Mann, Rapid City Student Bar Association Mike Porter, Spearfish Daniel Duffy, Rapid City Lexi Baca, President, Vermillion Nathan Chicoine, Rapid City Rocky Mountain Mineral Law Director Trial Academy Dwight A. Gubbrud, Trustee, Belle Fourche SD Municipal Attorneys Association Thomas J. Welk, Ch., Sioux Falls Mark Kroontje, President, Herreid David Gienapp, Madison SD Association of Criminal Defense Gary Blue, 1st Vice Pres., Wessington Dick Casey, Sioux Falls Lawyers Springs Lonnie Braun, Rapid City Victoria Reker, President, Sioux Falls Jeff Banks, 2nd Vice Pres., Huron Melanie Carpenter, Sioux Falls Brad A. Schreiber, Vice-President, Pierre Ross DenHerder, Director, Yankton Gary Jensen, Rapid City, Matt Laidlaw, Secretary, Rapid City Eric Davis, Director, Spearfish Stephanie Pochop, Gregory Jan Olson, Treasurer, Sioux Falls Jim Roby, Watertown Cheri Scharffenberg, Legislative Affiliate, S.D. Paralegal Association Clint Sargent, Sioux Falls Sioux Falls Dixie A. Bader, CP, President D. Sonny Walter, East River Rep., Sioux Jessi Stucke, CP, 1st Vice President Uniform Laws Commissioners Falls Autumn Nelson, CP, 2nd Vice President Michael B. DeMersseman, Legislative Alecia Fuller, West River Rep., Rapid City Val Winegar, CP, Secretary Liaison, Rapid City Diane Burns, ACP, Treasurer Tom E. Geu, Vermillion South Dakota Bar Foundation Janet Miller, ACP, NALA Liaison David E. Lust, Rapid City Eric C. Schulte, President, Sioux Falls Marc S. Feinstein, Sioux Falls Andrew Fergel, Sec.-Treas., Pierre S.D. State’s Attorneys Association Brian G. Gosch, Rapid City Pat Goetzinger, Rapid City Eric Bogue, President, Faith Richard O. Gregerson, Life Member, Sioux Steve Huff, Yankton John Fitzgerald, Vice-President, Deadwood Falls Harvey Jewett, IV, Aberdeen Paul E. Bachand, Gene N. LeBrun, Life Member, Rapid City Stephanie Judson, Pierre Exec. Dir. /Traffic Safety Resource Kimberley Mortenson, Pierre Prosecutor, Pierre Women in Law Stephanie E. Pochop, Gregory Edward S. Hruska III, Asst. Dir./Prosecutor Anna Maher President, Vermillion Reed Rasmussen, Aberdeen Coordinator Pamela Reiter, Sioux Falls Jerry Miller, Ch. Of the Board, Elk Pointe Young Lawyers Section Carrie Srtska, Sioux Falls Alexis Tracy, 1st Circuit Carrie Srtska, President, Sioux Falls Tracey Ann Zephier, Rapid City Rhett Bye, 2nd Circuit Ole Olesen, Vice-President, Rapid City Vacant, 3rd Circuit Anthony Sutton, Secretary/Treasurer, South Dakota Code Commission Shane Penfield, 4th Circuit Rachel Mairose 1st Circuit, Plankinton Michael B. DeMersseman, Ch., Rapid City Christopher White, 5th Circuit Tyler Coverdale, 2nd Circuit, Sioux Falls Margaret V. Gillespie, Vice-Ch., Alcester Alvin Pahlke, 6th Circuit Anthony Teesdale, 3rd Circuit, Brookings Mike Stevens of Yankton Lara Roetzel, 7th Circuit Mariah Bloom, 4th Circuit, Spearfish Sen. Arthur Rusch, Vermillion Abigail Howard, At Large Jenny Jorgenson, 5th Circuit, Aberdeen Thomas E. Lee, Pierre Danny Smeins, At Large Chelsea Wenzel, 6th Circuit, Pierre Cheryl Bogue, At Large Kelsey Weber, 7th Circuit, Rapid City SD Court Reporters Association Arman Zeljkovic, At Large, Sioux Falls Teresa Fink, President, Rapid City S.D. Trial Lawyers Association, Holly Farris, ABA District Representative, Tammy Stolle, President-Elect, Aberdeen Kasey Olivier, President, Sioux Falls Pierre Sandra Semerad, Secretary, Kayla Timothy Rensch, President-Elect, Rapid Lexi Baca, Law Student, Vermillion Marsuka, Treasurer, Rapid City City Pat Beck, Past President, Sioux Falls Melissa Nicholson-Briet, Secretary- Treasurer, Sioux Falls SD Defense Lawyers Association Alecia Fuller, Immediate Past President, Meghann Joyce, President Rapid City Douglas Abraham, President-Elect Linda Stevens, Executive Director, Yankton Zachary Peterson, Vice President Lisa Prostrollo, Secretary State Bar, ABA Delegates Terry Westergaard, Past President Elizabeth Overmoe, Young Lawyer, Sioux Paul Tschetter, DRI Representative Falls Sarah Sharp Theophilus, State Bar, Sioux S.D. Defense Lawyers Directors: Falls William C. Garry, Sioux Falls Richard L. Travis, ABA, Sioux Falls Laura Hensley, Sioux Falls

2 Last Update: 07/20/2020 46

Job Announcement

CHIEF PROSECUTOR & ASSISTANT TRIBAL PROSECUTOR Standing Rock Sioux Tribal Court PO Box 363 Fort Yates, ND 58538

OPEN: Until Filled SALARY: Negotiable

The Standing Rock Sioux Tribe is soliciting applications for employment, as an independent contract employee, for a Chief Prosecutor and Assistant Tribal Prosecutor for the Standing Rock Sioux Tribal Court.

The Chief Prosecutor and Assistant Prosecutor positions are full time positions. The number of hours, days of employment and compensation are all negotiable. The terms of employment will be determined by the agreement of the parties. The contract shall be compensated on an hourly basis.

The statutory prerequisites for employment are: To be eligible to serve as a Tribal Court Prosecutor, a person shall (1) be a member in good standing of the bar in any state or federal court; (2) at least 21 years of age, (3) be of high moral character and integrity, (4) have a law degree from an (ABA) accredited law school, (5) must never have been convicted of a felony; (6) shall not have been dishonorably discharged from the Armed Services, and must (7) be physically able to perform the duties of the office.

The Standing Rock Sioux Tribal Code of Justice, 30-202, extends a limited preference based on political status, in order, to: 1) Tribal members, 2) local Indians, 3) other Indians, and 4) all other qualified applicants. The Standing Rock Sioux Tribe is an equal opportunity employer and does not discriminate on the basis of race (“Indian” is a federally recognized political status), national origin, sex or sexual orientation, religion, age, or disability).

Applications shall be in writing, to include a professional resume, Proof of Bar Membership, legal qualifications, letters of recommendation and any other submissions at the option of the applicant. All applications are considered on merit.

Applications for the Assistant Tribal Prosecutor position may be sent to Ms. Dellis M. Agard, Court Administrator, Standing Rock Sioux Tribal Court, PO Box 363, Fort Yates, ND, or by Email to [email protected]. Ms. Agard can also be contacted by Telephone at (701) 854-7244 Ext. 7419.

The worksite for this position is located at the Standing Rock Tribal Court in Fort Yates, ND. The Sitting Bull College Transit provides bus services, at nominal cost, to and from Bismarck, ND; Mobridge, SD; McLaughlin, SD and Selfridge, ND and coordinated with the Tribal Work Day, which is 8:00 AM to 4:30 PM (Central Time).

47 Email your employment announcement to [email protected] by August 26th to have it included in the September Newsletter. Please be sure to include a closing date. To see more jobs listings, visit www.statebarofsouthdakota.com

ATTORNEY Officer to serve our Mitchell, SD location and surrounding area. Our ideal candidate will direct Deputy State’s Attorney - Lincoln County and coordinate activities relative to selling and Lincoln County State’s Attorney’s Office administering investment agency, IRA, trusts, probate Lincoln County invites applications for a Deputy estates and court ordered conservatorships. State’s Attorney. The Deputy State's Attorney performs We are looking for a professional with a Bachelor’s routine professional legal work in the prosecution degree from a four-year college or university with of civil and criminal crimes, juvenile crimes, and 5 years related experience or training. A preferred juvenile abuse and neglect cases in Lincoln County. candidate would possess a JD, CPA, CTFA or CFP Minimum Qualifications: Graduation from a college designation. A team player, willingness to learn, of law, attainment of a Juris Doctorate degree from an positive attitude and wanting to help people is accredited law school, and admission by the Supreme essential. Court of South Dakota to practice law in the state of For more information contact: South Dakota or be licensed to practice law in any Tyler Bowen, SVP other state and able to take the next available South 605-731-5122 Dakota bar examination or be a recent or imminent [email protected] law school graduate, eligible to sit for the next Full job information: https://www.firstdakota.com/ available South Dakota bar examination. Comparable careers/trust-investments-officer combination of education and experience may be considered. $2,840.00 - $3,135.20 bi-weekly. To view a full listing of qualifications and to apply visit: Litigation Associate - Sioux Falls http://www.lincolncountysd.org then click on the Growing AV-rated regional firm in Sioux Falls, SD Employment tab. Application deadline: August 10th. seeks a litigation associate with zero to two years of le- Contact Human Resources with questions at gal experience. Strong academic credentials (top 35% 605-764-6609. Equal Opportunity Employer. of law school class preferred) and excellent commu- nication skills (both oral and written) required. Con- fidential inquiries, including résumé and cover letter Trust Officer - Mitchell detailing experience, should be directed to Meredith First Dakota National Bank, Mitchell, SD Moore, Cutler Law Firm, LLP, PO Box 1400, Sioux Due to a planned retirement at the end of the year, Falls, SD 57101-1400 or by email at meredithm@cut- First Dakota National Bank is searching for a Trust lerlawfirm.com 48 Attorney - Watertown to victims of domestic violence, stalking and sexual Beacon Center Mission assault To empower individuals and families of abuse to • Advise clients and represent them and their legal achieve self-responsibility and initiate through rights in civil and criminal cases advocacy and support; and to educate and motivate the • Assist clients with preparation of legal documents community to move toward our vision of eliminating • Appear in court before a judge or jury to orally abuse. defend a client’s rights and best interests Responsible to: Executive Director • Establish a supportive relationship with clients at Classification: Exempt times when they might not be at their best Starting Salary: $50,000 - $70,000 • Provide and model client advocacy Benefits: Vacation and Sick Time; Retirement after Education, Outreach, and Advocacy one year of employment, Health Insurance Allocation • Assist with training and supervision of team, interns, after 60 days of employment and 7 Paid Holidays when and volunteers Applicable • Represent Beacon Center at community General Purpose of Position: organizations To provide support and/or legal counsel to sheltered • Provide education on issues of abuse through and non-sheltered clients as well as community outreach activities education outreach. • Participates in outreach with underserved Qualifications: populations • A juris doctor degree in law is required. Applicant Team Member Responsibilities must have passed the SD Bar to be an attorney in • Articulate and adhere to the mission and vision of South Dakota. Beacon Center • Must have a valid driver’s license and pass a • Know and consistently follow Beacon Center policies background check and procedures Requirements: • Attend assigned meetings and trainings • Effective written and oral communication skills • Work hours as scheduled • Demonstrate strong problem solving and critical • Answer door and phone thinking skills • Other duties deemed necessary and appropriate by • Plan and organize work for maximum effectiveness the Executive Director or designee and efficiency • Provide ancillary services • Be a team member • Completes paperwork in a timely manner • Demonstrate effective public communications and Please contact Dawn Sikkink with your resume to public relations skills apply: [email protected] • Think logically and make practical decisions • Be welcoming and accepting to clients and the public, by telephone and in person. Trust Officer - Sioux Falls • Respond to a high degree of activity, keeping Citi Trust (Sioux Falls, SD) composure and self-control Responsibilities: • Demonstrate initiative, accept responsibility, and An individual in this role will be expected to: participate in active problem solving •Manage an existing book of trust and estate accounts: • Be a positive role model types of accounts include revocable and irrevocable • Demonstrate physical and emotional stamina to trusts, testamentary trusts, ILITS and IRA accounts, effectively handle job related issues and stress various types of charitable trusts, estate accounts, and • Demonstrate enthusiasm, personal energy, and agency accounts, both discretionary and directed; endurance initiate investment management of the accounts by • Abide by ethical standards coordinating with Private Bankers and Investment • Possess awareness of cross cultural diversity Counselors and utilizing both internal and external Job Responsibilities investment managers. • Provide individual consultations and legal assistance •Assess the client’s overall estate and tax planning needs: including the knowledge and skill to 49 review legal and trust documentation and have an •Proven project management and strategic planning understanding of the provisions in order to effectively skills. assist the client and their advisors in achieving specific •Proficiency in Microsoft Office applications is trust and estate objectives. required. •Compliance with legal requirements and internal Please contact David Grennan with your resume to procedures in relation to account activity: including apply: [email protected] identification and reporting to our Senior Risk Committee and management of the risk of financial loss and/or damage to Citi’s reputation arising Coverage Attorney - S. Sioux City, NE from the activities within the Citi Trust businesses; Great West Casualty Company Communicating with internal and external auditors 1100 W. 29th Street, South Sioux City, NE 68776 as well as state examiners; working with Investment [email protected] Management Oversight on the identification of and Do you dream of a challenging and fulfilling legal diversification of a discretionary portfolio’s exposure to career that also offers you the healthy work-life balance a single security, issuer or industry. necessary to juggle the demands of your busy life? •Communication: Communicate effectively with Great West Casualty Company has a Coverage Attorney the client and/or the client’s attorney on all trust and position open with our Corporate Legal team that estate matters and attending in person client meetings affords you the ability to achieve just that, all with no and investment reviews; interact with and establish billable hours. a working relationship with the Private Banking and As a Coverage Attorney for Great West, you will focus Investment team in regard to the trust and overall on the motor carrier policy, providing counsel, training, client relationship including timely and accurate and assistance to the regions' claims departments to responses to inquiries. foster consistent, efficient, and appropriate claims •Participation in internal and external training practices. You will prepare coverage opinions and opportunities for ongoing professional development; memoranda on claims legal topics as well as oversee drafting of policies and procedures as assigned by litigation and declaratory judgment action while management and additional projects as requested; supervising outside counsel. We are looking for maintain a local presence in the trust and estate candidates with a JD degree and must be licensed professional community. to practice in at least one state. Insurance defense, •Appropriately assess risk when business decisions litigation, regulatory compliance, or administrative law are made, demonstrating particular consideration experience is preferred. To be successful in this role, for the firm's reputation and safeguarding Citigroup, you will need to be detail-oriented with above-average its clients and assets, by driving compliance with multitasking skills and the ability to adapt quickly applicable laws, rules and regulations, adhering to to situations that require an immediate transition. Policy, applying sound ethical judgment regarding Excellent communication and public speaking skills are personal behavior, conduct and business practices, and a must. This position qualifies for relocation assistance. escalating, managing and reporting control issues with Who we are: transparency. Great West Casualty Company provides specialized Qualifications: insurance products unique to the trucking industry •MBA or JD desired. and outstanding customer service to the thousands •CTFA designation preferred. of truck drivers and trucking companies we serve. •Strong knowledge and proven technical proficiency in Over the past 60 years, we have grown to five offices legal, investment and tax issues relative to trust and / serving insureds in over 40 states. We are now one of or estate management and administration. America's largest insurers of trucking companies. If •Experience with Fiduciary Income Tax and Estate your passion is to help others, you value education and Administration preferred. continuous improvement, you enjoy participating in •Proven strong communication skills is required, community activities, and you want to be valued for such to interact effectively with clients and / or their your contributions, come be part of our successful team. attorneys as well as private bankers and investment Apply at http://bit.ly/2yYkOjg. counselors. 50 EXECUTIVE DIRECTOR • The regional area is blessed with two river reservoirs offering a variety of water recreation activities South Dakota Telecommunications including fishing, boating, waterskiing, windsurfing, Association - Pierre, SD and jet skiing, and is also in the heart of one of the nation’s premier pheasant hunting regions. The South Dakota Telecommunications Association • An attractive compensation and benefits package. (“SDTA”) has a long and successful history of Please forward cover letter, resume, and salary representing rural telecommunications and broadband requirements to: industry interests in the State of South Dakota. SDTA Consortia Consulting, c/o Dan Caldwell and its leadership have been a voice of influence for 16924 Frances Street, Suite 115 decades on both State and Federal communications- Omaha, NE 68130 related policy matters. The Association supports [email protected] the development and adoption of public policies telephone - 402-441-1671 that allow its member companies to deploy and use Accepting applications until August 7, 2020 the newest and best technologies and provide South Equal Opportunity Employer Dakotans with affordable access to state-of-the-art communications services, including high-quality, high-speed broadband. Due to a planned retirement, the Association is seeking a new Executive Director. The Executive Director will have comprehensive managerial and financial responsibilities for SDTA operations, managing all internal and out-sourced staff resources. SDTA is fortunate to have a seasoned and well-respected legislative lobbyist on staff. The Executive Director will report directly to the Association’s Board of Directors. Our Requirements: • A four-year degree in a public policy related field or a Juris Doctorate (JD) is preferred • A strong set of verbal and written communications skills, and a comfort in the role of public spokesperson for an association that is active in developing State and Federal communications policy • Experience in developing, advocating and implementing public policy reforms. • Knowledge of the communications industry is preferred. • A strong personal connection to the State of SD or to the Midwest. • A leader with the passion and energy to keep SDTA and its membership at the forefront of meeting the communications and broadband needs of rural South Dakota citizens. What this Position Offers You: • The opportunity to lead an association that supports the development and adoption of public policies that allow its members to deploy and provide high quality, high speed broadband to the people of South Dakota. •A career located in Pierre or the surrounding region. 51 Disciplinary Board ••••••••••••••••September 17-18, 2020 ••••• Lodge at Deadwood Estate Planning CLE ••••••••••••••• September 18, 2020 ••••••••••••••••• Virtual Strategic Planning Retreat •••••••••••September 18, 2020 ••••••••••••••••• Virtual Nuts & Bolts CLE ••••••••••••••••• November 6, 2020 •••••••••••••••TBA, Pierre Swearing-In Ceremony •••••••••••••November 6, 2020 ••••••Capitol Rotunda, Pierre Bar Commission Meeting••••••••••• November 6, 2020 ••••••Capitol Rotunda, Pierre For all upcoming webinars, check out the calendar on the State Bar website at www.statebarofsouthdakota.com. 52