Reporter

Vol. 29 l No. 3 SDParalegals.com Fall 2018

Secretary of State: Insurance 3rd Quarter Business & Economic Data ANALYSIS DISPUTES

South Dakota Reaches Settlement in REMOTE SELLER LAW LITIGATION Calendar...... 3 Careers...... 18 Common Committee Reports...... 9 GRAMMAR CP/ACP Certification...... 16 MISTAKES Grammar Check!...... 11 Judicial Appointments...... 3 Minutes of the Governor-elect Semi-Annual Meeting...... 13 Noem NALA Liaison's Report...... 3 Announces Parablog: Insurance Disputes TRANSITION TEAM The Schmidt v. Clothier Notice...... 8 President's Message...... 2 Recipe...... 19 SD Supreme Court Opinions...... 5 CHANGES Tech Tips & Tricks...... 12 TO NALA'S CLE REQUIREMENTS WordFind...... 19 Effective January 1, 2019 2019 Membership Renewal Form...... 17 President’sJennifer Frederick, Message CP

ello, SDPA! I hope you all had a wonderful summer. Winter is here…but the upside is it brings the holidays with it. HWe had a good turnout at the fall seminar, many by webinar. Please take a minute to review the meeting Minutes on page 14 of this issue. Some important issues discussed include approval to increase the annual fees for Active and Sustaining Members from $55 to $65, for Student $ $ $ $ Executive Committee Members from 15 to 20, and for Associate Members from 30 to 35, starting January 1, 2019. The extra funds were allocated to the Education Committee, the webinar software, and the PRESIDENT NALA Annual Meeting. Jennifer Frederick, CP [email protected] Members also voted to pass a policy concerning the conversion of the Association’s paper files to electronic format. It’s a working policy, so it may be tweaked along the way, but I think it’s a ST 1 VICE PRESIDENT great step forward for our Association. Vicki Blake, CP [email protected] Finally, our newly elected 2019-2020 officers are: Vicki Blake, CP, President; Dixie A. Bader, CLA, First Vice President; Jessi Stucke, CP, Second Vice President; Victoria A. Swenson, CP, 2ND VICE PRESIDENT Secretary; Diane Kerr, CP, Treasurer; and Autumn Nelson, CP, NALA Liaison. Jackie Schad, ACP [email protected] On another matter, it is my unfortunate duty to inform you of the resignation of Bonnie SECRETARY Woolam,from the office of SDPA Treasurer, due to time constraints. Bonnie has served in this important role since June 2017, and we appreciate her service to the Association. Cindy Schmit Victoria Swenson, CP [email protected] has accepted appointment to the office of Treasurer for the remainder of the 2018-2019 term. Thank you, Cindy, and welcome to the Executive Committee. TREASURER I hope all of you have many wonderful holiday plans in the works, and I wish you a happy and BonnieCindy Schmit, Woolam, ACP CP [email protected]@gmail.com healthy holiday season with your families!

NALA LIAISON Courtney Vanden Berg, CP [email protected] It's a

MISSION STATEMENT The purposes of the South Dakota Paralegal Association are: • To establish good fellowship among association members, NALA, and members of the legal community. • To encourage a high order of ethical and professional attainment. • To further education among members of the profession. • To cooperate with bar associations. • To support and carry out programs, purposes, aims, and goals of NALA.

2 SDPA's The Reporter SeptemberFall 2018 2018 SDParalegals.com President’s Message NALACourtney Lia Vandenison’s Berg, CPReport

s of October 2018, we have 106 active Certified Paralegals in our organization, Calling all Volunteers!

and 28 Advanced Certified Paralegals. If you are 2 - 4 PM SATURDAY, DEC. 8 notA a member of NALA and would like EMPIRE MALL - SIOUX FALLS information about joining, or have questions about becoming certified, please feel free to contact me. I would be happy to help answer your questions! SDPA offers scholarships to assist members in the CP and ACP certifications.

A few reminders: GIFT

NALA now offers a number of new publications to its members! WRAPPING For complete details, login to the member portal! ALL PROCEEDS BENEFIT THE NALA offers live webinars for CLE credit! CHILDREN'S INN - SIOUX FALLS View the lineup here.

NALA offers on-demand webinars! Course listings are available here. Calendar DECEMBER NALA offers self-study courses online, including CP studies! 7 *Social Media Investigations...... 11:00am View the course list here. Register here 7 State Bar CLE: A&N / Juvenile Law ...... 10:00am NALA’s next Annual Meeting & Seminar will be held July 11-13, 2019 in Phoenix! Ramkota - Rapid City...... to 5:00pm

We anticipate an amazing lineup of speakers. If you have not Register here • A&N: Best Practices: Representing the Parent attended one of their conferences, I highly recommend you grab • A&N: Best Practices: Representing the Child some girlfriends and make the journey! Click here for details! • A&N: The Role of Child Protective Services (CPS) • A&N: Pediatric Forensic Interviewer: Working with Traumatized Children in the Courtroom • A&N: Panel: Best Practices / Manual FAQ • Representing Juvenile Defendants On October 3, 2018, 8 SDPA Gift Wrapping...... 2:00-4:00pm Empire Mall - Sioux Falls Governor Daugaard appointed Sandra Hoglund Hanson to the bench in the Second Circuit. FEB-MARCH 2019 27-2 ABA TechShow...... Chicago, IL This appointment established the first female majority JUNE 2019 in any judicial circuit in 19-21 State Bar Convention...... Ramkota - Rapid City the history of South Dakota. 20 SDPA Social...... TBD 21 SDPA Annual Meeting & Seminar...... TBD Judge Hoglund Hanson was a partner Ramkota - Rapid City at Davenport, Evans, Hurwitz & Smith. She specialized in employment law and JULY 2019 civil litigation. Hoglund Hanson succeeded Mark Salter, whom 11-13 NALA Conference & Expo...... Scottsdale, AZ Daugaard appointed to the South Dakota Supreme Court earlier this year. BROOKINGS LUNCHEONS The Brookings area paralegals meet every other month. For info, email Jessica Huyck, ACP at [email protected]. *NALA Webinars, Central Time

SDPA's The Reporter SeptemberFall 2018 2018 SDParalegals.com SDParalegals.com SDPA'sSDPA's The Reporter The Reporter September Fall 2018 3 S.D. Reaches Settlement in Remote Seller Law Litigation

PIERRE, S.D. – Governor Dennis Daugaard and Attorney General Marty Jackley announced November 9, 2018, that the State of South Dakota News from the Certifying Board has entered into a settlement agreement and stipulation of dismissal in CHANGES TO THE CLE REQUIREMENTS State of South Dakota v. Wayfair, Overstock and Newegg. The litigation, which was the result of South Dakota’s remote seller EFFECTIVE JANUARY 1, 2019 law, had been remanded to the South Dakota State Circuit Court after South Dakota received a favorable decision from the Supreme CLE for Published Articles Court of the United States. This final settlement agreement brings Certified Paralegals will be awarded three CLE hours for an individually a conclusion to all remaining issues not addressed by the United authored article of at least 1,000 words published in a legal publication States Supreme Court. in accordance with NALA Facts & Findings Editorial Guidelines (2014) The settlement removes the injunction that prevented South Dakota or similar published guidelines. from requiring the defendants to comply with the remote seller law. Hours for articles with more than one author will be awarded pro-rata Under the terms of the settlement, Wayfair, Overstock and Newegg based upon the number of authors and words. comply with the law beginning Jan. 1, 2019.

“I look forward to the state’s full enforcement of its remote seller After entering three hours of CLE into your NALA account, submit the law. The work done during the September 2018 special legislative following for review to [email protected]: session allowed us to set a collection date of Nov. 1, 2018, for all • Certified Paralegal Contact Information remote sellers except for the parties to this lawsuit, who will begin • Copy of Article in Publication collecting on Jan. 1 2019,” said Governor Daugaard. • Word Count “Today’s settlement agreement is the final step in bringing sales tax fairness to our main street businesses across South Dakota by CLE for Selected Articles in Facts & Findings creating a level playing field with out-of-state retailers,” said Attorney Beginning with the September/October 2018 issue, one hour of CLE General Jackley. credit will be provided to NALA members for reading five designated The State of South Dakota also reached a settlement in American articles in a single issue of Facts & Finding and successfully completing Catalog Mailers Association and Netchoice vs. Andy Gerlach, in his a follow-up test on those articles. capacity as the Secretary of the Department of Revenue, a related In each issue, five articles will be identified as eligible for a combined lawsuit regarding the remote seller law. This litigation had been on CLE credit of *1 hour. Members can read these articles and then take hold until the South Dakota v. Wayfair case had been decided. The a short test based on what they have read. You must get at least 80% of parties have agreed to dismiss this case. the answers correct in order to receive credit. In 2016, the South Dakota State Legislature passed Senate Bill 106, No partial credit will be given, articles cannot be combined from differ- which required out-of-state retailers to collect and remit sales tax ent Facts & Findings issues, and CLE credit must be submitted within similar to in-state retailers. The law applies to out-of-state retailers if one year of the publication date. No other publications will be consid- they have more than $100,000 in sales or complete more than 200 ered. transactions per year within South Dakota. Given the controlling *Up to two hours of CLE will be available per year with a maximum of precedent of Quill, on October 2, 2017, the Attorney General’s Office five hours of CLE available per each five-year certification period. filed a petition for certiorari asking the U.S. Supreme Court to review the South Dakota Supreme Court decision in State of South Dakota One-Year Certification Extension v. Wayfair, Overstock and Newegg. In Quill, the U.S. Supreme Court had required that a retailer have a “physical presence” within a The automatic one-year extension to meet recertification requirements state before a seller can be obligated to collect and remit that state’s will no longer be provided to Certified Paralegals. sales taxes on purchases delivered into the state. On June 21, 2018, Certified Paralegals will receive a courtesy reminder via e-mail one year the United States Supreme Court overruled the physical presence prior to the expiration date. In addition, courtesy reminders will be sent requirement. via e-mail at three months, two months, and one month prior to the In September 2018, Governor Dennis Daugaard convened a special expiration date of the certification. A Certified Paralegal’s failure to meet session of the Legislature to consider bills addressing the implemen- the recertification requirements prior to expiration of the certification tation of the sales tax collection. Governor Daugaard signed into law will result in revocation of the Certified Paralegal credential. a measure which removed the imposition of an injunction against collection of sales tax on remote sales, except in regard to the Certified Paralegals with extenuating personal challenges, which could Wayfair litigants. This bill, which goes in effect on November 1, 2018, include: will allow the State of South Dakota to enforce sales tax collections (i) long-term unemployment; from those who meet the $100,000 in sales or 200 transaction (ii) severe medical issues hampering one’s ability to work or engage thresholds. A second bill created a new sales tax license for online in activities outside of work for a period of one year or more; or marketplaces. (iii) active military service or active military reserve duty, The Wayfair settlement agreement and dismissals from both cases may file a hardship appeal within 60 days prior to the expiration date of await final approval by the State Circuit Court. the certification. Clickhere for the hardship appeal form. For more information on South Dakota’s remote seller law, visit http://sd.gov/remoteseller. Contact NALA at [email protected] if you have any questions.

4 SDPA's The Reporter SeptemberFall 2018 2018 SDParalegals.com from the USDLaw List Serve Recent SD Supreme Court Opinions

STATE v. RED KETTLE, 2018 S.D. 66 ing her view that Plaintiff had established facts the County Auditor’s determinations. The SD September 19, 2018 sufficient to warrant a jury determination as to Supreme Court affirmed the lower court and the whether Defendants “breached the standard of auditor’s decisions, stating: Defendant not entitled to counsel care and caused [Plaintiff] damages due to “These express conditions in SDCL at criminal re-sentencing hearing negligence in designing the project plans.” 7-18A-17 ensure that the face of Some 28 years ago in State v. Red Kettle, 452 ------the referendum petition readily N.W.2d 774 (S.D. 1990), the SD Supreme Court informs a prospective signatory of STATE v. JOHNSEN, 2018 S.D. 68 the nature of the challenged held that this criminal defendant was unlawfully September 26, 2018 ordinance, the date of its passage, sentenced to a term of imprisonment intended and that the voter’s signature to run consecutively with a federally-imposed Soybean hauler assessed corresponds to the actual ordinance $ sentence for the same offense. Re-sentencing 15,750 for being overweight being challenged. To excuse did not occur until 2017 at which time the De- compliance with these requirements Defendant was fined $170 and assessed a civil would frustrate the statute’s fendant appeared telephonically and the circuit penalty of $15,750 for hauling an overweight load purposes.” ordered his sentences to be concurrently served, of soybeans from the farm to a grain elevator less The Court’s ruling was unanimous, with opinion not consecutively, to federal court sentences. than 50 miles away. In particular, the prosecution authored by Justice Jensen. Defendant’s request for court-appointed counsel was pursued with respect to the Defendant’s ------for the re-sentencing hearing was denied. The SD utilization of a bridge with a posted limit of 33 STATE v. CHASE, 2018 S.D. 70 Supreme Court affirmed, holding that, tons (66,000 lbs), with a truck weighing 87,000 October 3, 2018 “Red Kettle had no Sixth Amendment lbs – 21,000 lbs over the limit. The civil penalty is right to counsel in the circuit mandated by SDCL 32-22-55 and in this instance At-large murder suspect justifies intrusion court proceeding to correct his the applicable rate was 75 cents/pound for each upon otherwise protected interest sentences as directed in Red Kettle, 452 N.W.2d at 776–77.” pound overweight. Defendant was ticketed on Defendant was convicted by jury of 2nd degree This ruling was unanimous, with opinion Oct. 1, 2016, with a return date of Nov. 22, 2016. murder. His appeal focused on the arresting offi- authored by Justice Zinter. Trial was conducted on August 15, 2017. Defen- cer’s investigatory stop of the Defendant at 3:15 ------dant appealed, asserting violation of the 180-day a.m., two blocks from the murder scene, a Rapid DOMSON v. KADRMAS LEE & JACKSON, speedy-trial rule, denial of a jury trial, and denial City motel. The police officer believed that De- ET AL., 2018 S.D. 67 of the exemption afforded by SDCL 32-22-42.2, fendant resembled the unidentified suspect seen September 19, 2018 which relates to a 50-mile radius for “hauling of on video footage from the motel. The Supreme agricultural products from a harvesting combine Court affirmed in a unanimous ruling, with opin- Engineer shielded against professional to the point of first unloading.” The SD Supreme ion authored by Justice Zinter. The Court held negligence claim (asserted by project’s low Court affirmed in a unanimous ruling with opinion that the propriety of the police officer’s conduct bidder) on the basis of the contract’s authored by Justice Zinter. As to the statutory was supported by the notion that law enforce- exculpatory clause awarding the bid exemption found in SDCL 32-22-42.2, the Court ment authorities have an enhanced ability to The Oglala Sioux Tribe (Tribe) hired Defendants to held that the exemption does not apply to weight intrude upon otherwise-protected interests when “design a road reconstruction project.” Plaintiff, limitations for bridges. a murder suspect is at large. The Court stated: “ as low bidder, was awarded the project and ------[A]n unapprehended murder THOMPSON v. LYNDE, 2018 S.D. 69 suspect poses a serious threat Defendants were charged with administering the to public safety. When a crime contract on behalf of the Tribe. Plaintiff failed to September 26, 2018 involves a threat to public complete the project in timely fashion and was Deuel County Auditor’s rejection safety, law enforcement’s $ required to pay 103,950 in liquidated damages. of referendum petitions upheld interest in detaining the suspect Thereafter, Plaintiff brought this suit against as quickly as possible may 'out- weigh the individual’s interest Defendants, “alleging professional negligence The Plaintiffs in this case opposed an ordinance passed by the Deuel County Commission relating to be free of a stop and detention in designing and administering the contract that is no more extensive than to wind energy systems. The Plaintiffs’ oppo- caus[ing] [Plaintiff] approximately $1,138,027.28 permissible in the investigation’ in damages.” sition effort circulated three petitions, seeking of the crime. Hensley, 469 U.S. a referendum for a special election. All three at 229, 105 S. Ct. at 680. The trial court granted summary judgment petitions were timely filed, but only one petition Considering the totality of the for Defendants on the basis of an exculpatory (containing 19 signatures) was accepted by the circumstances, the substantial clause in the contract awarded to Plaintiff by the auditor. The other two petitions (each contain- public safety interest in apprehending the homicide suspect Tribe. The SD Supreme Court, after requesting ing 51 and 252 signatures, respectively) were that remained at large, and the supplemental and additional briefing “on the rejected because they did not comply with SDCL minimal intrusion created by [the enforceability of exculpatory clauses insulating a 7-18A-17. In particular, the defective petitions police officer’s] stop, we conclude third party from claims of negligent design and did not contain the title of the ordinance with the that the investigatory stop was negligent administration and interpretation of a exact words “Wind Energy Systems (WES),” and based on reasonable suspicion contract,” affirmed. The opinion was authored by within the meaning of the Fourth they did not contain the date of passage of the Amendment.” Retired Justice Severson. ordinance. Plaintiffs sought a writ of mandamus Justice Kern filed a dissenting opinion in regard to by the circuit court, arguing that these defects continued @ pg. 6 >> Plaintiff’s claim of “negligent design,” present- were only technicalities. The trial court upheld

SDPA's The Reporter SeptemberFall 2018 2018 SDParalegals.com SDParalegals.com SDPA'sSDPA's The Reporter The Reporter September Fall 2018 5 from the USDLaw List Serve Recent SD Supreme Court Opinions

<< continued from pg. 5 decision was unanimous with opinion authored parties. The Court denied both requests. The ------by Justice Jensen. Retired Justice Wilbur sat on decision was unanimous with opinion authored FISCHER v. CITY OF SIOUX FALLS, this case in lieu of Justice Salter. by Justice Salter. 2018 S.D. 71 October 3, 2018 ------HUSTON V. MARTIN, S.D. 2018 73 BULLINGER & LIPPERT v. S.D. PUB. City immune from claim for injuries October 10, 2018 ASSURANCE ALL., 2018 S.D. 75 sustained at municipal park Daughter’s unjust enrichment October 31, 2018 Plaintiff sustained serious injuries when he rode claim against father’s estate and Dismissal based upon insufficient service his bicycle through a city park in Sioux Falls, nephew recognized as viable of process reversed and remanded diverting from bike path and traveling over a grassy area. Plaintiff’s accident occurred when Daughter sued the estate of her father and her Plaintiffs seek recovery for damages arising out the front tire “became lodged in a natural drain- nephew who, in the father’s will, was designated of a motor vehicle accident. Being confront- age ditch that had been concealed by grass.” recipient of “the vast majority of [her father’s] ed with the rapidly approaching expiration of The trial court granted summary judgment for multi-million-dollar estate” while she was “left the three-year statute of limitations, Plaintiffs the City, holding it was immune from liability in only $30,000.” Daughter’s claims relate to her commenced their action by hip pocket service, regard to negligence claims pursuant to SDCL assertion that at her Father’s insistence, [she] through serving Summons without Complaints 20-9-20. On appeal Plaintiff argued that he had conveyed considerable amounts of land to her upon the Defendant, in accordance with SDCL a right to a jury trial on the issue whether the City father and nephew. In return, Father promised to 15-6-4(b). Defendant made a timely demand could be held liable for gross negligence or willful “make things right” with Daughter by leaving her for service of a copy of the Complaint which, as or wanton misconduct. The SD Supreme Court half of his estate. per SDCL 15-6-4(b), must be provided within 20 affirmed, holding that the Plaintiff’s theory was days. Notably, the “Demand” for service “was Daughter’s claims were threefold, sounding not supported by his pleadings (which sounded not contained in the cover letter or the title of the in 1) breach of contract, 2) fraud, and 3) unjust in ordinary negligence) nor was it supported by notice.” When Defendant moved to dismiss for enrichment. The trial court dismissed the case, the summary judgment evidence (deposition non-compliance, Plaintiffs promptly filed their granting summary judgment for defendants on testimony of several City employees) submitted Complaints and subsequently sought protection all claims. The SD Supreme Court affirmed the by Plaintiff to the trial court. The Court’s opinion under SDCL 15-6-6(b)(2) (enlargement of time) dismissal of the first 2 claims (breach of contract is authored by Chief Justice Gilbertson. Justice and eventually under SDCL 15-6-60(b) (mistake). and fraud) but reversed on the 3rd claim, holding Kern filed a dissenting opinion expressing her The trial court ruled for Defendant. The SD Su- that Daughter may have a viable unjust enrich- belief that the Plaintiff’s summary judgment preme Court reversed and remanded, holding: ment claim. The Court’s ruling is unanimous with evidence -- in regard to gross negligence or willful “ opinion authored by Justice Kern. The circuit court made insufficient or wanton misconduct -- was adequate to over- findings of fact regarding the ------come the City’s motion for summary judgment. interests of justice, prejudice to HILLER v. HILLER, 2018 S.D. 74 ------the parties, and excusable neglect. October 24, 2018 Evidence in the record shows that American Legion v. Pennington Cty, those considerations weigh in favor 2018 S.D. 72 October 10, 2018 Husband required to pay attorney of Appellants. The court’s fees, but not expert witness fees, in decision to deny Appellants’ Pennington County rebuffed in its effort post-divorce actions filed by ex-wife motions for enlargement of time was to impose tax on American Legion therefore not justified by the Post and ordered to pay attorney fees Husband (Father) was ordered to pay Ex-Wife evidence, and the court abused (Mother) $4,082 attorney fees in connection the its discretion.” Pennington County re-evaluated the real contempt action brought in regard to his failure The Court’s ruling was unanimous, with opinion property tax exempt status for the real property to comply with a visitation order. He was also authored by Chief Justice Gilbertson. owned and operated as American Legion Post ordered to pay attorney fees of $11,493.48 and ------22 in Rapid City. Pennington County reasoned expert witness fees of $4,364.54 in connection WEGNER v. SIEMERS, 2018 S.D. 76 that because this property contained a bar and with the Custody Modification action filed by Ex- November 7, 2018 restaurant, such usage was not for a “benevolent Wife, filed simultaneously with the contempt ac- purpose” and that it should not enjoy a 100% Direct Appeal from Magistrate Court’s tion. The SD Supreme Court affirmed the award Protection Order not permitted exemption. It thereby lowered the exemption of attorney fees in connection with the Contempt to 32%. On appeal, the hearing examiner found Action, being authorized by SDCL 25-4A-5. The Magistrate Court entered an protection order “American Legion existed solely for benevolent Court also affirmed the award of attorney fees (stalking provisions) in favor of pro se Petitioner purposes and used its property exclusively in connection with the Custody Modification against Defendant who was represented by for benevolent purposes,” and was therefore action, being authorized by SDCL 15-17-38. The counsel. Defendant did not appeal to Circuit entitled to 100% exempt status under SDCL Court reversed the award of expert witness fees, Court but appealed to SD Supreme Court directly, 10-4-9.2. The Circuit Court affirmed the hearing however, because Ex-Wife did not “prevail” as is alleging abuse of discretion by the Magistrate examiner and awarded attorney fees and costs required SDCL 15-17-37, stating: Court. Petitioner continued pro se in SD Su- preme Court proceeding. The SD Supreme Court of $14,704.99 to American Legion. The SD Su- “Under the court’s immersion plan preme Court affirmed and awarded American -Le and its order, neither [Ex-Wife] dismissed the appeal, holding: gion appellate attorney fees of $5,000. The trial nor [Husband] truly prevailed as “We have previously recognized that court’s award of attorney fees was reversed and partisans.” appellate jurisdiction from a remanded for further consideration. The Court’s Appellate Attorney fees were requested by both continued @ pg. 7 >>

6 SDPA's The Reporter SeptemberFall 2018 2018 SDParalegals.com from the USDLaw List Serve Recent SD Supreme Court Opinions

to his 4-year-old son, an Indian Child as defined << continued from pg. 6 paramour for alienation of affections. The trial by ICWA. Father asserted that DSS failed to court granted Defendant’s Motion for Judgment magistrate court’s decision is satisfy ICWA’s active efforts and parental prefer- limited to the circuit court. as a Matter of Law at the conclusion of Plaintiff’s Dale v. City of Sioux Falls, 2003 ence by placement of the child in “in non-Native case before a Jury, on the basis that Husband was S.D. 124, ¶ 8, 670 N.W.2d 892, American foster care in the Sioux Falls area unable “to provide testimony as to the amount 895; Schwaller, 2006 S.D. 30, ¶ where they remained for the duration of the of his damages.” The SD Supreme Court 8, 712 N.W.2d at 871. “[W]ith the case.” The SD Supreme Court affirmed, with a one exception provided by SDCL 23A- reversed in part, remanded and affirmed in part, 32-5 (appeals by the State from detailed recitation of the facts and procedural in a unanimous ruling with opinion authored by certain pre-trial orders of a aspects of the case, finding compliance with Justice Jensen. As to the issue of damages, the circuit court or magistrate), there ICWA by the trial court. Footnote 4 of this Court stated: is no right of direct appeal from opinion cites and acknowledges the recent Texas “[Husband] testified that he wanted magistrate court to the Supreme Federal Court decision which holds parts of ICWA Court.” State v. Hoxeng, 315 N.W.2d to be married to [ex-Wife] and 308, 309 (S.D. 1982). We must unconstitutional, but also states that: missed her love and companionship. therefore dismiss. “[W]hen a party “[T]he decision may be appealed and He further explained to the jury fails to pursue the only appeal ICWA has previously been upheld by that he had suffered every day since authorized by law (to circuit the United States Supreme Court. the marriage ended and felt remorse court), this Court has no Moreover, we are not bound by the for having to raise N.C. in a jurisdiction to entertain a direct decision of the District Court in broken home. While the damage appeal.” Schwaller, 2006 S.D. 30, Texas and must presume that ICWA is testimony was limited, there was ¶ 8, 712 N.W.2d at 871.” constitutional.” sufficient evidence to submit the This decision is unanimous with opinion This decision is unanimous with opinion authored issue to the jury.” authored by Justice Zinter. Footnote 1 of the by Chief Justice Gilbertson. The opinion indicates As to the additional argument presented and opinion states, "This opinion was decided prior to that it is a 5-0 ruling, stating in footnote 12,“Jus- rejected by the trial court concerning the con- Justice Zinter’s death." tice Steven L. Zinter cast his vote prior to death.” tinued viability of the controversial Alienation ------of Affections cause of action, the SD Supreme Court agreed with the trial court in its ruling that DOLLAR LOAN v. S.D. DEP’T OF LABOR & STATE v. LEDBETTER, 2018 S.D. 79 the cause of action is still valid in South Dakota, REGULATION, 2018 S.D. 77 November 29, 2018 stating as follows: November 14, 2018 Trial court not bound to state’s self-imposed “In rejecting the defendant’s public Dollar Loan unable to seek immediate appeal limitation on sentencing recommendation policy arguments in Veeder, the of cease and desist order/license revocation in plea agreement where agreement itself Court stated, “we are compelled to leave the cause of action intact In response to the 2017 SD voters’ Initiated Mea- does not purport to actually limit the court’s and instead defer to the legisla- sure 21 (putting a cap of 36% interest on loans), sentence ture’s ability to decide if there is a need for its elimination.” In- Dollar Loan created a “new loan product” which Defendant, originally charged with 9 counts, deed, following our decision in utilized late fees producing an actual interest pled guilty to three counts of aggravated assault Veeder, the Legislature saw fit to rate between 300% and 487% as determined by in a domestic situation, each count carrying a not only leave the cause of SD’s Division of Banking which issued a “cease maximum of 15 years. Facts show a horrendous action in place, but even strength- and desist and license revocation order directing assault by Defendant, who knocked his pregnant en the underlying policy. In 2002, the Legislature reviewed SDCL 20-9- the immediate revocation of the money lender ex-girlfriend unconscious, choked her, and cut off 7 and included gender neutral licenses of Dollar Loan Center of South Da- the nipples of both of her breasts with scissors. language. 2002 S.D. Sess. Laws Ch. kota, LLC.” During the time period pending a Pursuant to a plea agreement the state agreed it 97, § 1 (amending SDCL 20-9-7 to be hearing before the Office of Hearing Examiners, would “cap its argument for actual penitentiary gender neutral). Therefore, in time to 30 years.” After reviewing the “presen- keeping with our prior decisions, Dollar Loan appealed to the Circuit Court which we decline to repudiate a cause of dismissed the appeal on the basis that there tence report,” the trial court sentenced Defen- action for alienation of affections was no right of appeal under SDCL 1-26-30 dant to three 15 year terms, to run consecutively, arising from SDCL 20-9-7.” (administrative remedies not exhausted and ad- for a total of 45 years, “explain[ing] that the plea This decision is recorded as a 4-0 ruling due to equate appellate relief could be obtained at the agreement was [only] binding upon the parties the death of Justice Zinter. conclusion of administrative action). The Court to restrict their arguments at sentencing.” The ------Decisions are available here. affirmed the dismissal in a unanimous ruling with SD Supreme Court affirmed in a unanimous ------opinion authored by Justice Zinter. Footnote 1 of decision with opinion authored by Justice Jensen. The USDLaw list serve is designed to facilitate the opinion states, "This opinion was decided prior This decision is recorded as a 4-0 ruling due to the discussion of matters of interest to South Dakota to Justice Zinter’s death." death of Justice Zinter. lawyers, law students, judges and others as may be ------permitted by discretion of the moderator, and is made INTEREST OF M.D., 2018 S.D. 78 CEDAR v. JOHNSON, 2018 S.D. 80 available through the University of South Dakota. November 20, 2018 November 29, 2018 Professor Roger Baron, Professor Emeritus, University of South Dakota School of Law, ICWA presumed to be Constitutional; Trial court’s dismissal of Alienation of launched USDLaw in 1997 and continues to serve Father’s rights terminated by ICWA- Affections case reversed and remanded, with as operator and moderator. Any views expressed are his personal views which do not reflect the views of compliant proceeding the cause of action remaining intact in S.D. the University of South Dakota. If you would like Father appeals termination of parental rights as Husband brought action against ex-Wife’s to subscribe, email the moderator here.

SDPA's The Reporter SeptemberFall 2018 2018 SDParalegals.com SDParalegals.com SDPA'sSDPA's The Reporter The Reporter September Fall 2018 7 Parablog: SubrogationParablog Lien Issues Insurance Disputes: The Schmidt v. Clothier Notice Jennifer X. Frederick, CP Edited by Lee Schoenbeck, Esq.

n all the years I’ve worked in a legal office, the term Here are the general steps: I “Schmidt v. Clothier Notice” had never crossed my desk. 1. Injured Party makes a demand to Liable Party’s Granted, I didn’t do a lot of insurance disputes, and this insurance company for the policy limits, usually Notice is definitely specific to those types of cases. But, in accompanied by medical records and bills sufficient to recent years, I have had the concept of a “Schmidt v. Clothier show the damages exceed the policy limits. Notice” explained to me more than once, and I still get a little crossed-eyed when I think about it. While the latest explanation is 2. Once an agreement is reached, but before the release still fresh in my mind, I’d like to share the concept with you. is signed, Injured Party sends a Schmidt v. Clothier Notice (basically a letter) to the applicable underinsurance A Schmidt v. Clothier Notice is based on the Minnesota companies. The letter generally references the Schmidt v. Supreme Court opinion found in Schmidt v. Clothier, 338 Clothier case, advises them of the pending settlement, and N.W.2d 256 (Minn. 1983). I’m not going to rehash the opinion, asks if they want to protect their subrogation but if you want a better background, take a few moments interest by “substituting the draft” or, in other words, to read it here. tendering Liable Party’s $50,000 policy limits. We usually give a 30-day deadline to respond. We’ve used this Notice in automobile personal injury cases when the responsible party (“Liable Party”) has tendered a. If Injured Party’s underinsurance (or any other their policy limits (or close to it), but it’s not enough to cover applicable underinsurance) agrees to pay the the damages (mainly medical bills) of the injured party a. $50,000 (which means they protect their (“Injured Party”). In that situation, Injured Party would then a. subrogation rights), then Injured Party continues look to any available underinsurance coverage.1 When that with their claim against Liable Party to happens, Injured Party’s underinsurance (or any applicable determine the total damages. The damages underinsurance) would be on the hook for the difference are then paid by the underinsurance. between Liable Party’s policy limits and underinsurance limits—to the extent Injured Party can prove the damages. a. However, if the applicable underinsurance companies reject the offer to tender the $50,000 For example, if the total damages are $200,000, but Liable (which means they give up their subrogation Party’s policy limits are only $50,000, then Injured Party’s rights), then Injured Party is free to accept Liable underinsurance (or any applicable underinsurance) Party’s $50,000 and release Liable Party and would be responsible for $150,000. The catch is that their insurance company from liability. Injured the underinsurance company would have a subrogation Party can then sue the applicable underinsurance claim against Liable Party for reimbursement of the companies directly for the damages, and $150,000 damages they had to pay. potentially for bad faith (which would allow attorney’s fees and costs). Sometimes insurance companies don’t want to pay the underinsurance coverage in these situations, and when The above is a very brief overview of the Schmidt v. Clothier that happens you can’t just accept Liable Party’s policy Notice process and, of course, there are many variables limits, sign a release in their favor, and then go that require thorough review by the attorneys after the underinsurance coverage. Because of the involved, but it can be an effective procedure when the subrogation claim created by the above situation, right set of circumstances and insurance coverages Injured Party has to make reasonable efforts to protect the are in play. Hopefully, this Notice is something you underinsurance company’s subrogation claim. The way we and your attorneys can find a use for in your future have done that is with a Schmidt v. Clothier Notice. insurance disputes.

1 If you’re not familiar with insurance issues, underinsurance is a form of coverage that protects an insured when the other party does not have enough insurance to cover the insured’s damages. This type of coverage is usually contained in the insured’s own insurance policy, but sometimes it can be underinsurance coverage from a third party’s policy.

8 SDPA's The Reporter SeptemberFall 2018 2018 SDParalegals.com Committee Reports

AUDIT Chair: Cindy Schmit, ACP Chair:ETHICS Rebekah Nelson Chair:NEWSLETTER Jessi Stucke, CP [email protected] [email protected] [email protected] Member: Paula Newman Member: Jennifer Frederick, CP Members: Karen Armstrong, PP, PLS Autumn Nelson, CP No report. The committee has received no No report. Vicki Swenson, CP complaints recently. ------The committee welcomes your ideas and suggestions, and would love to hear from Co-Chairs:EDUCATION Autumn Nelson, CP you if there is a topic you would like to write ClaraLIBRARY Kiley, CP [email protected] about. Or, please let us know if you are [email protected] Courtney Vanden Berg, CP aware of an article or CLE presentation by [email protected] your attorney(s) that we could reproduce in There has been little to no activity in the Members: Vicki Blake, CP an upcoming issue! library over much of the year, and so there is Heather Boche ------little to report. Seminar DVDs are available Rebekah Nelson for checkout from the June 2018 seminar, as well as SDPA seminars from previous years. NOMINATIONS The Education Committee is excited to report I have not yet received the DVD from the that 25 members and 5 visitors registered for Chair:& ELECTIONS Cindy Schmit, ACP October 2018 seminar, but hope to have it the fall Semi-Annual Seminar and Meeting, [email protected] available soon for checkout. Seminar DVDs with 18 attendees in person and 11 via Member: Becky Purington, ACP may be checked out by members at a cost of webinar. We also secured 5 sponsors for $35 plus postage and $50 plus postage for The slate of officers for the 2019-2020 term this seminar: Prairie Reporting; Richardson, non-members. No seminars DVDs have been are: Vicki Blake, CP – President Wyly, Wise, Sauck & Hieb; Richard Pluimer checked out since my last report in April. Dixie A. Bader, CLA - 1st Vice President PLLC; Burd and Carper Law Office; and Terri Jessi Stucke, CP – 2nd Vice President Schildhauer, Court Reporter. Their gracious Books and other printed materials also may Victoria A. Swenson, CP – Secretary contributions and continued assistance helps be checked out for the cost of postage to Diane Kerr, CP – Treasurer us put these seminars together, and also send the materials to the member. A com- Autumn Nelson, CP – NALA Liaison helps the SDPA as a whole. The committee is plete list of seminar DVDs and other materials eager to get started on the June seminar and If you are interested in serving on the SDPA maintained in the SDPA library for the benefit has high expectations for a great, educa- Executive Committee, please ask an SDPA of its members is available on the SDPA tional lineup. As a reminder, the Education member to nominate you or contact someone website. The library catalog is available on Committee welcomes any recommendation on the Nominations and Elections Committee. SDPA's website here. To check out materials, on topics, speakers, and ways to improve our ------please email the librarian, Clara Kiley, CP, at seminars. We look forward to the coming year, [email protected]. meeting new members, and we encourage all ------PROFESSIONAL members to think about joining the Education Committee this coming June. Chair:DEVELOPMENT Cindy Schmit, ACP ------Chair:MEMBERSHIP Janet Miller, CP [email protected] [email protected] Members: Janet Miller, CP JOB BANK Member: Jackie Schad, ACP Jackie Schad, ACP Chair: Laura Stewart Liz Yarman [email protected] As of the writing of this report, we have 115 Members: Vicki Blake, CP The Professional Development Committee members. Please remember to update any Kayne Larimer, ACP would like to encourage paralegals who are change in your address, employment, phone, Ashly Luke not certified to sit for the CP exam and Cer- and/or email address so that we may provide tified Paralegals to complete an ACP course. Abbreviated job postings are on page 19. you with timely notices of our newsletter, SDPA has reimbursement scholarships Complete postings are available here. If you emails for area luncheons, seminars, and available for the CP exam and ACP course. are an employer or know of an employer SDPA news. If you have any changes, please Applications are available on our website. seeking legal staff, please contact Laura. email me or call me at 225-5420. If you have any questions, please let us know.

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SDPA's The Reporter SeptemberFall 2018 2018 SDParalegals.com SDParalegals.com SDPA'sSDPA's The Reporter The Reporter September Fall 2018 9 Committee Reports Governor-elect Noem Announces Transition Team PIERRE, S.D. – Governor-elect Kristi Noem and Lieutenant Governor-elect Larry << previous page Rhoden have announced the membership of their transition team. The transition team will work with Governor-elect Noem and Lieutenant Gover- nor-elect Rhoden to develop policy proposals for the upcoming legislative session, Chair:PUBLIC Diane RELATIONSKerr, CP prepare Governor-elect Noem’s budget proposal, and identify and screen candi- [email protected] dates for the Governor’s Cabinet and Staff. The team will work closely with Gover- nor Dennis Daugaard to ensure an orderly transition to the new administration. Members: Sarah Havlin, ACP Linda Hodgin Matt McCaulley will chair the transition team. McCaulley is a partner with Jessica Huyck, ACP Redstone Law Firm in Sioux Falls, and has previously served as legal counsel to Vikki Kelner, ACP Governor-elect Noem for nearly a decade. He served in the State House of Repre- Vicki Swenson, CP sentatives from 2001-2004, and also served as the chair of the House Judiciary Committee in 2003-2004. SDPA is once again volunteering at the Children's Inn gift wrap booth on Saturday, Herb Jones was the deputy campaign manager of the Kristi for Governor cam- December 8 from 2-4 pm at the Empire Mall paign. Jones’ extensive government experience includes work in the Janklow, in Sioux Falls. Members who haven't already Mickelson, and Miller administrations and as chief of staff to U.S. Senator John received an SDPA t-shirt will get one if you Thune. Jones previously chaired Noem's 2010 congressional transition team. volunteer! Steve Westra is the President of Hegg Hospitality Management, and COO of Hegg Companies Inc. Westra served in the State House of Representatives from 2013------2016, including two years as assistant majority leader. He currently serves on the State Tourism Advisory Board. SPECIAL Liza Clark is commissioner of the Bureau of Finance and Management, the state’s chief financial officer. Clark joined BFM in 2005, including six years as Chair:COMMITTEE Jessi Stucke, CP chief budget analyst. She spent three years in Governor Daugaard’s office as a policy advisor, advising on issues relating to labor and regulation, workforce [email protected] development, human resources, and higher education. Members: Vicki Blake, CP Autumn Nelson, CP Kennedy Noem is a senior at South Dakota State University, where she is ma- Courtney Vanden Berg, CP joring in political science with a minor in economics. She is the daughter of Governor-elect Noem. Last call for ideas and suggestions! The com- Lieutenant Governor-elect Larry Rhoden will also serve on the transition team. mittee is due to report to the Executive Com- mittee on possible steps to re-ignite SDPA's Tony Venhuizen has been designated by the Daugaard administration to serve as CLE luncheon program. We are hoping to liaison to the Noem transition team. Venhuizen, who serves as Governor Dau- have input from you! The committee's report gaard’s chief of staff, also worked in the 2002 Rounds transition and the 2010 Daugaard transition. is due to the Executive Committee by the end of this year. Please contact any member The transition team is committed to the Four Pillars of Protection that Gover- of the committee by December 15. nor-elect Noem and Lieutenant Governor-elect Rhoden have promised to the State of South Dakota. The transition team will serve until January 5, 2019. ------Governor-elect Kristi Noem and Lieutenant Governor-elect Larry Rhoden also announced the following staff appointments: WEBSITE Chair: Jessica Huyck, ACP Beth Hollatz will serve as the transition team’s inauguration coordinator. Hollatz [email protected] worked on the Kristi for Congress campaign in 2010, the Kristi for Governor Members: Autumn Nelson, CP campaign this year, and also served as state director in Noem’s congressional Jessi Stucke, CP office. The Website Committee has continued to keep Megan Goltz will serve as Governor-elect Noem’s scheduler. Goltz served as the SDPA’s website current with updated events, scheduler for Kristi during the Kristi for Governor campaign. job listings, and other information. Other All members of the transition team will sign an acknowledgement that they have projects we are working on include exploring read, and will abide by, all ethics and conflict of interest laws and rules that alternative web editing platforms and eval- apply to state officials, which are available in the State of South Dakota Employee uating the accessibility of our web content. Handbook. If you have any ideas or suggestions for our Governor-elect Noem and Lieutenant Governor-elect Rhoden website, please contact the committee. will be sworn in on January 5, 2019.

10 SDPA's The Reporter SeptemberFall 2018 2018 SDParalegals.com Grammar Check! Common GrammarFrequently Mistakes... Misused Are Words You Making Them? Karen Armstrong, PP, PLS

HERE are some common mistakes I have heard and seen lately. One comma makes the difference between an awkward bus ride Are you making them? for two estranged ex-lovers and a bus tour with four unlikely pas- sengers with seemingly not much in common! Your nouns must agree with your verbs Also, check out the case of O’Connor v. Oakhurst Dairy, 851 F.3d 69, (1st Cir. 2017). This case from Maine was started in 2014 Remember—a noun is a person, place, thing, or idea. A verb is an action when three truck drivers sued their employer for four years’ worth word, used to describe an action, state, or occurrence. In most cases, of overtime they had been denied. The employer claimed they were you need both a noun and a verb to make a complete sentence. Be exempt from overtime pay. Maine law requires time-and-a-half for sure to check your noun/verb agreement in your sentences when you each hour worked after 40 hours, but it carved out exemptions for: are proofreading. Be especially aware of this in the first sentence of your pleadings. What’s wrong with this sentence: The canning, processing, preserving, freezing, drying, marketing, storing, packing for shipment or distribution of: “COMES NOW the Plaintiffs, by and through their attorney of record, Vinny Gambini, and makes the following answers to interrogatories:” (1) Agricultural produce; (2) Meat and fish products; and If this is confusing, break it down to the bare bones: “The Plaintiffs come (3) Perishable foods. and make their answers to interrogatories." The questionable language was “packing for shipment or distribu- Here’s another example I just received in an email: “ ” Here’s my ideas. tion of.” The drivers argued that these words referred to the single The correct way to say this would have been: “Here are my ideas.” activity of “packing,” whether the packing was for “shipment” or for “distribution.” The drivers argued that “packing for shipment or There vs. they’re vs. their distribution of” read as a single act, and since they didn’t actually I know—this one is tough because you’ve got three options to choose do any packing, they shouldn’t have been exempt from receiving from instead of only two. overtime pay.

“There” means “in that place.” The district court granted summary judgment to the dairy, con- cluding that “distribution” was a stand-alone exempt activity. On “We drove there in the middle of the night.” I found a memory tip appeal, the First Circuit reversed, holding that the exemption at to help you remember this one. “There” has “here” inside of it, to issue was ambiguous, and ruled in favor of the drivers. The dispute remind you it is a place. If you can substitute “here” for “there” in was settled, and the drivers received $5 million for back overtime your sentence and it makes sense, you should use “there.” pay! That’s an expensive comma! “They’re” is a contraction and is If there had been a comma after “shipment,” the meaning would a shortened version of “they are.” have been clear. I found it interesting that Maine has since edited If you can substitute “they are” for “they’re,” then this should be your these exemptions, replacing the punctuation with semicolons! choice. “They’re going to make us late for the movie if they don’t hurry.” Don’t let the apostrophe fool you into thinking it shows possession. “Me and _____.” “Their” is the possessive form of “they.” You may love Janis Joplin’s raspy singing voice, but her grammar left something to be desired when she belted out “Me and Bobby I saw a cute memory trick for remembering this one. McGee.” Hmmmm . . . I guess “Bobby McGee and me” doesn’t “Their” contains the word “heir” in it, to remind you that it is have quite the same ring to it though, does it? about possession. “They left their library books on the bus.” I’ve written on this subject in an earlier newsletter, but I still hear The Oxford comma this mistake often. When my kids were in grade school and said "me and Annie" or "me and Josh" in a sentence, I would say "Who?" Maybe you’ve never heard of an “Oxford comma,” but I am quite certain When they repeated “me and Annie” or “me and Josh,” I said you have used it many, many times. The “Oxford comma,” also known "Who?" again and again until they finally figured out their mistake as the “serial comma,” is the comma before the word “and” at the end and said it correctly: “Annie and I” or “Josh and I.” Now my grand- of a list. “We sell beer, burgers, and brats.” It is known as the Oxford kids are learning this lesson! I usually only have to say “Who?” comma because it was traditionally used by printers, readers, and once and they get it. editors at Oxford University Press. Some writers—especially those in journalism—say it isn’t necessary and don’t use it, but I am still a big fan Think about going to a store with your best friend. You reach the of the Oxford comma, and believe it is necessary for clarification. Look door at the same time. Do you grab the door handle, go in first and at the difference the Oxford comma makes in this sentence: let the door slam shut, leaving your friend outside? No, you open the door for her and let her go in first. Think about that the next Joe found himself on the tour bus with his ex-wife, time you’re tempted to say “me and Becky.” Always put others first. a proctologist and a dog whisperer. If you don’t know whether to say “Becky and I” or “Becky and me,” Joe found himself on the tour bus with his ex-wife, a proctologist, and a dog whisperer. next page >>

SDPA's The Reporter SeptemberFall 2018 2018 SDParalegals.com SDParalegals.com SDPA'sSDPA's The Reporter The Reporter September Fall 2018 11 Common SubrogationGrammar Mistakes... Lien Are Issues You Making in Personal Them? Injury Cases

<< previous page try leaving out the “Becky and” from the sentence. “Becky and I are Tech going to the mall.” “Mom said she will leave the lights on for Becky and me.” You would say “I am going to the mall,” or “Mom said she will Tips & leave the lights on for me.” That should help you determine whether you should use “I” or “me.” Tricks

Gerunds When you need to convert that Color PDF to Most people don’t remember hearing about gerunds in high school black & white... English class. A gerund is a verb (an action word) that ends in “ing” and functions as a noun (person, place, thing, or idea). “Do you mind my borrowing your eraser?” GOOD NEWS! You can convert your color PDF to Where mistakes are most often made is not using a possessive pro- black and white without printing and rescanning! noun or noun to modify a gerund. Which of the following two sentences Plus, this is the best way to preserve the visibility of is correct? graphics and photos. I appreciate your taking the time to read my essay. I appreciate you taking the time to read my essay. • Open the PDF. • Open the Print window. The gerund in these sentences is “taking.” The first sentence is correct because “your” is the possessive form of “you.” Of course, as is common in the English language, there are exceptions. But for 2 the most part, if the emphasis of your sentence is on the gerund (the verb ending in “ing”), you need to have a possessive noun or pronoun 1 preceding the gerund. Look at the difference the possessive case of the word “man” makes in these two sentences: Jamie did not like the man standing in front of her at the parade. Jamie did not like the man’s standing in front of her at the parade. In the first sentence, the way it is written, Jamie didn’t like the man himself who was standing in front of her! In the second sentence, 2 Jamie didn’t like the fact that someone (the man) was standing in front of her. Jamie probably didn’t even know the man who was standing in front of her! The possessive form of “man” completely changes the 1. Check the box "Print in grayscale (black and idea the sentence conveys. white)." When you have a word ending in an “ing” in a sentence, first of all determine if it is a gerund (a verb ending in “ing” that turns it into a 2. Windows noun), as not all verbs ending in “ing” are gerunds. If the word is a ger- • Click on the drop-down list of printers. und, then think about the focus of your sentence. If you are focusing • Choose "Adobe PDF," "Foxit Reader," etc. on the gerund, you will need a possessive noun or pronoun preceding The name varies according to your software. the gerund. If you can't find an option, call me and we'll That’s enough for this time! figure it out! ------My husband saw a t-shirt on the Internet that he has Mac ordered for me. It says: “I’m silently correcting your Click on the "Printer" button at the bottom grammar.” I got tired of correcting him out loud to left-hand corner. Select "Print to PDF." no avail, so after years of trying, I gave up (except in only the most extreme circumstances). Now I just do it 3. Save, then upload to Odyssey #likeaboss :) in my head . . . silently . . . but he still knows what I’m thinking! Congratulations to you if you read all the FYI - the "Print in grayscale" box will be checked next way to the end of this article. Maybe you’re a time you print a PDF, so check before you print a photo Grammar Nazi and would like a t-shirt too! to the color printer! #ivedoneitmorethanonce :) ------If you have any questions or grammar subjects you would like discussed in future articles, Have a question or tip to share? please let me know @ [email protected]. Contact Jessi Stucke at [email protected] or 225-6310. 12 SDPA's The Reporter SeptemberFall 2018 2018 SDParalegals.com MINUTES: One member opposed, with the remaining members Hieb; Richard Pluimer PLLC; and Burd and Carper approving. Motion carried. Law Office. We also had one sponsorship come in SEMI-ANNUAL MEETING after materials were sent out and that was from Terri Courtney Vanden Berg read from an email with sev- October 5, 2018 Schildhauer, Court Reporter. eral questions received from a member prior to the meeting related to the budget for 2018/19 and real- Their gracious contributions and continued assis- Welcome: President Jennifer Frederick called the locations. Questions asked included the following: tance helps us put these seminars together, and 2018 Semi-Annual Meeting to order and welcomed also helps the SDPA as a whole. The committee is "Why are the seminar sponsors revenue? What is those in attendance both in Watertown at the Ram- eager to get started on the June seminar and has the $285.00 library revenue and where did it come kota Hotel & Event Center and those in attendance high expectations for a great, educational lineup. As from? What is the second library revenue from and via webinar. President Frederick then introduced the a reminder, the Education Committee welcomes any what is the purchase for? Why does the interest other members of the Executive Committee. recommendation on topics, speakers, and ways to income not indicate how much the CD s valued at? improve our seminars. Roll Call: Taken by Secretary Victoria Swenson. There When does it mature? What is the interest rate? were 15 members in attendance in person, and 8 What is the balance of the savings account? Can We look forward to the coming year, meeting new members present via webinar at the meeting. There you tell me why everything is “reallocated” isn’t that members, and we encourage all members to think were 2 members and 5 non-members attending the just extra at the end of the year? What if there are about jointing the Education Committee this coming seminar, but not present during the meeting. new expenditures before then? Are they borrowing June. from Peter to pay Paul? Why is there no detail on the Membership Committee: Report given by Victoria seminar and expenses $3,207.20 what was spent Approval of Minutes of June 22, 2018, Annual Meet- Swenson for Janet Miller. As of the writing of this where? Why is there no explanation under the NALA ing: A motion was presented by Bonnie Woolam to report, we have 114 members. Since the last news- meeting for the $3,634.97 expenditure? Where did waive the reading of the minutes from the June 22, letter, we have added two new members: Stephanie that money go? Who got a $127 plaque? Why did 2018, Annual Meeting. The motion was seconded by Bentzen and Blythe Novotny. Look for their bios along Melanie Bundy get a scholarship? What is it for? Heather Boche. No discussion. A motion to approve with other new member bios in an upcoming news- What is the sales tax for? Who planned the social the minutes as written was made by Dixie Bader. letter. Welcome! Please remember to update any and why did the food cost so much more than what Seconded by Courtney Vanden Berg. Motion carried change in your address, employment, phone, and/or was budgeted for? Where did the $10.73 go from the and the minutes were approved. email address so that we may provide you with timely miscellaneous category?" notices of our newsletter, emails for area luncheons, Treasurer’s Report/Finance: The Treasurer’s Report Additional questions were asked by a member seminars, and SDPA news. If you have any changes, and proposed 2018-2019 Budget was read by Bon- through the webinar. Treasurer Woolam and Presi- please email me at [email protected] or call me at nie Woolam. dent Frederick answered each question based on the 225.5420. information which was readily available at the meet- Discussion began regarding the Treasurer’s Report. Audit Committee: Report given by Bonnie Woolam for ing. It was stated that additional information would President Frederick explained that the Treasur- Cindy Schmit. The Audit Committee has received and be provided to the requesting member following the er’s Report provided to the members by Treasurer reviewed the bank statements from Great Western meeting. Woolam noted a number of reallocations of funds to Bank through August 31, 2018, along with the check- account for committee overexpenditures. The monies There being no other questions, a motion to approve book register and find them to be without error. which were reallocated at this time were previously the 2018/19 proposed budget was made by Valerie Ethics Committee: No report. discussed with each Committee. In addition to the Winegar, and seconded by Becky Nelson. No discus- budget reallocations, President Frederick indicated sion. Motion carried. Public Relations: No report. that she was able to have a successful social for this seminar for under the $92.80 remaining budget NALA Liaison’s Report: Report was given by Courtney Library Committee: Report given by Jennifer Freder- allocated for this purpose. A motion to approve the Vanden Berg. We currently have 106 active Certified ick for Clara Kiley. Fall is now here! There has been Treasurer’s Report was made by Valerie Winegar and Paralegals throughout South Dakota, including 28 no activity in the library over the summer so there is seconded by Robin Peterson. Motion carried. ACPs. not much to report. Seminar DVDs are now avail- able for checkout from the June 2018 seminar, as A few NALA reminders: President Frederick then discussed the proposed well as the SDPA seminars from the previous years. • NALA is offering a number of new publications to 2018-2019 Budget. The increasing cost of putting Soon after this seminar, the DVD will be available its members; for complete details please logon to on good, well-attended seminars, and the fact that for checkout. Seminar DVDs may be checked out by your member portal; the SDPA is generally limited to the funds it brings members at a cost of $35 plus postage and $50 plus • NALA offers live webinars that are available in through Association dues and seminar attendees, postage for nonmembers. No seminar DVDs have through their website, which includes courses for lead the Executive Committee to discuss other ave- been checked out since my last report in April. Books certification; and nues in which to increase the monies available to the and other printed materials also may be checked out • NALA’s next Annual Meeting & Seminar will be Association and its Committees. President Frederick for the cost of postage to send the materials to the held in Phoenix, Arizona, and is anticipated to be an also discussed the need to increase the Education member. A complete list of seminar DVDs and other amazing lineup of speakers. If you have not attended Committee budget and the NALA annual meeting materials maintained in the SDPA library for the ben- one of their conferences, I would highly recommend budget. In addition, it was noted that a new line item efit of its members is available on the SDPA website. attending one of their conferences. I would highly for the webinar expense was added to the proposed To check out materials, please email the librarian, recommend grabbing some girlfriends and making budget. Clara Kiley, CP, at [email protected]. the journey. President Frederick stated to the members that the Newsletter Committee: Report given by Jessi Stucke. If you are not a current member or would like addi- Association’s dues had not been increased for some The committee continues to work on bringing our tional information about NALA, including becoming time. It was suggested that it may be time to increase members valuable content, resources, and trending certified, please contact me. The SDPA does have the annual dues from $55 to $65. This increase news and activities related to our field. We also aim scholarships available to assist in becoming certified would be allocated to items such as the Education to recognize our members. We anticipate publishing or obtaining your ACP. Please feel free to contact Committee, webinar software, and NALA conference several new member profiles in the near future; we me and I would be happy to help you or answer and costs. A motion to approve the increase of annual will start a member profile feature so we can get to questions you may have. dues from $55 to $65 was made by Jessie Stucke know each other better and enhance the strength and seconded by Karen Armstrong. A late proposal of our professional network; and we will continue to COMMITTEE REPORTS was made by a member to increase the other annual recognize members’ accomplishments and contri- dues by $5.00 as well. Discussion was had concern- butions. If you would like to recommend a member Education Committee: Report given by Autumn ing an increase in the annual dues for Associates for the new profile feature, or are aware of an Nelson. The Education Committee has been working and Students by $5.00 and the Sustaining/Active accomplishment which should be recognized, please hard to prepare for this Semi-Annual Seminar annual dues by $10. A motion was made by via contact me at [email protected] or 605-225-6310. webinar to table discussions on the increase until the and Conference. We are excited to report that 25 next meeting. No second. Motion failed. A motion to members and 5 visitors have registered for the Professional Development Committee: Report increase the annual dues for Associates from $30 conference, with 19 attendees in person and 11 via given by Jennifer Frederick for Cindy Schmit. The to $35, Students from $15 to $20, and Sustaining/ webinar. We also secured 4 sponsors for the semi- Professional Development Committee would like to Active Members from $55 to $65 was made by Jessi nar. At this time, I’d like to recognize our sponsors: encourage paralegals who are not certified to sit for Stucke, seconded by Dixie Bader. No discussion. Prairie Reporting; Richardson, Wyly, Wise, Sauck & next page >> SDPA's The Reporter SeptemberFall 2018 2018 SDParalegals.com SDParalegals.com SDPA'sSDPA's The Reporter The Reporter September Fall 2018 13 << previous page Committee may move forward with destroying these ties with our association (i.e. on our website, in materials as approved at the 2018 Annual Meeting. our newsletters, and/or during our seminars). A the CP exam and Certified Paralegals to complete an committee may request from another committee a ACP course. SDPA has reimbursement scholarships NEW BUSINESS gift of budgeted and/or sponsorship funds. Each available for the CP exam and ACP course. Applica- committee reserves the right to allow or decline to tions are available on our website. If you have any • Conversion of Paper Files to E-format – gift funds to other committees. questions, please let us know. Cloud vs. Flash Drives. Job Bank: Report given by Victoria Swenson for Laura President Frederick discussed the Executive Com- ARTICLE X. STANDING AND SPECIAL Stewart. Currently, there are 9 positions available mittee’s thoughts on conversion of the SDPA’s paper COMMITTEES on the SDPA Job Bank. We have 6 in Sioux Falls, 2 files to electronic format. The members were provid- in Rapid City, and 1 in Fergus Falls, MN. For specific ed with a handout which outlined proposed steps to • Educational Programs. This committee shall details on these positions, please check out the set up electronic storage and how to continue the plan seminars and workshops and work with SDPA website. The Job Bank changes frequently so use of electronic storage as the terms of committee NALA, the State Bar, and other organizations, please check the website for the latest updates and chairs and officers end. Discussion was had regard- in the event of co-sponsorship of any programs. available positions throughout the state. If you are an ing the conversion of paper files to electronic format. The committee shall be responsible for fulfilling employer or know of an employer seeking paralegals A motion to adopt the plan to convert SDPA’s paper the educational requirements under Article VI and/or legal staff, please contact us. files to electronic format was made by Courtney Van- of these Bylaws and its chairperson shall report den Berg, and seconded by Dixie Bader. No discus- such educational meetings to the NALA Liaison. Website Committee: Report given by Autumn Nelson. sion. Motion carried. The term of this committee shall run from June to The Website Committee has continued to keep June, with each committee planning the annual SDPA’s website current with updated events, job • Education Committee’s proposed amendment to Bylaws: seminar/workshop in June and a semi-annual listings, and other information. Other projects we are seminar/workshop in the fall. working on include exploring alternative web editing A presentation was made by Courtney Vanden Berg, CP, Co-Chair of the Education Committee. Courtney platforms and evaluating the accessibility of our web Discussion was had regarding the proposed amend- explained to the members that the Education Com- content. If you have any ideas or suggestions for our ments to the Bylaws. President Frederick explained mittee has been working hard to secure sponsors for website, please contact the committee. that an amendment to the SDPA Bylaws requires a the SDPA Seminars, and that following the June 2018 presentation of the Bylaws changes at least thirty Nominations & Elections: Report given by Jennifer Annual Meeting, the Education Committee believed (30) days prior to a meeting of the members. Due Frederick for Cindy Schmit. The Nominations and it had a surplus in their budget to utilize for future to this requirement, the Education Committee’s Elections Committee has recommended the following seminars which could potentially include paying a proposed amendments to the SDPA Bylaws was slate of officers for the 2019-2020 term: nationally recognized speaker. However, the language presented for discussion only. Vicki Blake, CP – President in the SDPA Bylaws is not worded to allow for this and Dixie A. Bader, CLA – 1st Vice President the surplus sponsorship funds collected were used • Solicitation of Annual Sponsors. Jessi Stucke, CP – 2nd Vice President to balance the overall budget. It is the desire of the President Frederick directed the members to review Victoria A. Swenson, CP – Secretary Education Committee to amend the SDPA Bylaws the proposed Sponsorship Confirmation Form which Diane Kerr, CP – Treasurer to ensure that funds raised by a committee will was included in the seminar materials. President Autumn Nelson, CP – NALA Liaison be available to that committee to use to help grow Frederick explained that the proposed sponsorship Special Committee: No report. the organization. The proposed amendment to the form would allow for annual sponsors of the SDPA, Bylaws, as drafted by the Education Committee with with perks being given to the Diamond, Sapphire, A motion to accept all of the committee reports, in- preliminary revisions by the Executive Committee and Emerald sponsors, including being featured in cluding the NALA Liaison's Report, was made by Dixie are as follows (red print indicates proposed changes the SDPA’s newsletter, having sponsor contact infor- Bader. Seconded by Heather Boche. No discussion. and/or additions): mation and website link on the SDPA website, and Motion carried. special recognition at SDPA seminars. A question was ARTICLE VI. MEETINGS asked regarding dissemination of the sponsorship Nominations and Elections form, whether that task would fall on the members (2019-2020 SDPA Officers) Section 4. Seminars or workshops. It is required on the Executive Committee, and/or all members. that this association hold a minimum of four (4) President Frederick explained that it was thought President Frederick advised the members that Jackie educational events or a total of ten (10) hours that all members would assist in securing annual st Schad was resigning as 1 Vice President for person- of education during each fiscal year in order to sponsors, but would primarily be the Executive Com- al reasons for the 2019-2020 term. The Nominations maintain affiliation with the National Association mittee’s responsibility to manage. A comment was and Elections Committee asked Dixie A. Bader, CLA, of Legal Assistants, Inc. These programs may be made that we could look into running an ad in the st to step into the 1 Vice President position for the held in conjunction with a membership meeting. State Bar Newsletter. A question was asked regarding 2019-2020 term, and the ensuing president position These seminars or workshops will be organized by where the sponsorship funds would be allocated in for the following year, and she has accepted this the Education Committee, as outlined below. the annual budget. President Frederick opined that request. The Nominations and Elections Committee the funds would be allocated to the general fund to has recommended the slate of officers in their report ARTICLE VII. DUES AND ASSESSMENTS be used where needed. Solicitation of annual spon- above for the 2019-2020 term: sors and the use of the proposed form was tabled for Vicki Blake, CP – President Section 4. Budgets. Monetary budgets will be additional discussion at the next meeting. (no vote necessary) allowed by the Executive Committee to each com- Dixie A. Bader, CLA – 1st Vice President mittee for its use to help grow the association. The Presentations: None. Jessi Stucke, CP – 2nd Vice President committee chair/s will ensure that the committee Victoria A. Swenson, CP – Secretary is spending within its allocated budget and will Announcements: President Frederick made the (no vote necessary) work with the acting Treasurer to ensure there is following announcements: Diane Kerr, CP – Treasurer no over-spending. Autumn Nelson, CP – NALA Liaison • When requesting reimbursement from Treasurer, be sure to tell her which committee the expense was Nominations open from the floor. No further nom- Section 5. Sponsors and sponsorship funds. Each for, so she can put it under the correct committee inations. Unanimous vote to elect slate of officers. committee will have the opportunity to recruit budget, as many members are on more than one Officers declared elected for the 2019-2020 term. sponsors and/or sponsorship funds, in cash or SUMMARY ANALYSIS DATA ECONOMIC & BUSINESS Q3 committee. SUMMARY ANALYSIS DATA ECONOMIC & BUSINESS Q3 in-kind, for their respective committee. Each com- SUMMARY ANALYSIS DATA ECONOMIC & BUSINESS Q3 • Thank you to Membership Committee for reaching OLD/UNFINISHED BUSINESS mittee that raises funds will notify the acting Trea- out to the Watertown area paralegals. surer of any funds raised through sponsorships so • Thank you to the Education Committee for another DAKOTA SOUTH At the June 2018 Annual Meeting a discussion was that said funds are available for that committee’s DAKOTA SOUTH great seminar. DAKOTA SOUTH had regarding the destruction of old seminar tapes sole use. The committee chair/s will notify the STATE OF SECRETARY • President Frederick thanked sponsors. with partnership In STATE STATE OF OF SECRETARY SECRETARY and outdated books. President Frederick wanted to acting Treasurer of their intended use for the with partnership In KREBS KREBS SHANTEL SHANTEL offer again for any member who may have the means sponsorship funds and will be required to report with partnership In KREBS SHANTEL Adjournment: to convert these to e-format or who may want the such expenditures as a part of their committee No further business. Motion to adjourn made by old books. No member expressed interest in these report to the members at large. Sponsors will be Courtney Vanden Berg. Motion seconded by Heather 2018 Quarter Third …………………. old seminar tapes and outdated books. The Library provided the option of advertisement opportuni- 2018 Quarter Third …………………. Boche. Motion carried. 2018 Quarter Third ………………….

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Highlights Highlights Economic Economic 2018 2018 Quarter Quarter Third Third Highlights  Economic 2018 Quarter Third quarter. quarter. prior prior the the over over 2.2% 2.2% by by increased increased income income Personal Personal  quarter. 3rd the of end the at 3.0% is rate unemployment s ’ SD   quarter. prior the over 2.2% by increased income Personal   quarter. quarter. 3rd 3rd the the of of end end the the at at 3.0% 3.0% is is rate rate unemployment unemployment s s ’ ’ SD SD  year. year. prior prior the the over over 1.4% 1.4% by by up up was was Employment Employment  Q3. in 2.1% by increased sales Taxable   year. prior the over 1.4% by up was Employment   Q3. Q3. in in 2.1% 2.1% by by increased increased sales sales Taxable Taxable  Q3. Q3. in in improved improved indicators indicators national national Most Most  year. prior the over 13.3% by up were entities new Total   Q3. in improved indicators national Most  year. year. prior prior the the over over 13.3% 13.3% by by up up were were entities entities new new Total Total 

5 Year Year 5 Percent Annual Change Percent Months 3 5 Year Year 5 Percent Annual Change Percent Months 3 5 Year GR* Year 5 CA Percent Change Annual Period Change Prior Percent over ior Pr Months 3 Period Current KOTA DA SOUTH AGR* CA Change Period Prior over ior Pr Period Current KOTA DA SOUTH AGR* CA Change Period Prior over ior Pr Period Current KOTA DA SOUTH Wealth Wealth .%2.7% 2.7% 2.2% 42,595 43,511 dollars) of (millions Income Wealth Personal .%2.7% 2.7% 2.2% 42,595 43,511 dollars) of (millions Income Personal .%2.7% 2.6% 2.7% 14.0% 2.2% 4.1% 42,595 72,474 43,511 75,447 dollars) of dollars) (millions of trailing (millions mo. 12 Income Sales, Personal Total 40 2.6% 14.0% 4.1% 72,474 75,447 dollars) of (millions trailing mo. 12 Sales, Total 40 2.6% 2.9% 6.1% 14.0% 4.1% 2.1% 72,474 21,702 75,447 22,159 dollars) of dollars) of (millions (millions trailing mo. trailing 12 mo. 12 Sales, Sales, Taxable Total .%2.9% 6.1% 2.1% 21,702 22,159 dollars) of (millions trailing mo. 12 Sales, Taxable .%2.9% 6.1% 2.1% 21,702 22,159 dollars) of (millions trailing mo. 12 Sales, Outlays Taxable Business Business Outlays Business .%3.5% 2.8% -1.6% 856 842 Employee per Wage Outlays Weekly Business Average .%3.5% 2.8% -1.6% 856 842 Employee per Wage Weekly Average .%3.5% -3.5% 2.8% 13.6% 2.5% -1.6% 856 2.77 842 2.84 gallon) per Employee per (dollars Wage Price Weekly Gasoline Retail Average 36 -3.5% 13.6% 2.5% 2.77 2.84 gallon) per (dollars Price Gasoline Retail 36 -3.5% 13.6% 2.5% 2.77 2.84 gallon) per (dollars Price Overview Gasoline Economic Retail Economic Overview Economic .%1.1% 1.4% 0.2% 440,700 441,400 Overview Employment Economic .%1.1% 1.4% 0.2% 440,700 441,400 Employment .%1.1% -4.1% 1.4% -11.8% 0.2% -6.3% 3.2% 440,700 3.0% 441,400 Rate Unemployment Employment .%32 63 1.%-4.1% -11.8% -6.3% 3.2% 3.0% Rate Unemployment -.%-22 -9.3% -4.1% -22.2% -11.8% -8.9% -6.3% 158 3.2% 144 3.0% Rate Claims Jobless Unemployment Initial -.%-22 -9.3% -22.2% -8.9% 158 144 Claims Jobless Initial -.%-22 -9.3% -10.2% -22.2% -15.2% -8.9% -31.8% 158 1,132 772 144 Claims Claims Jobless Jobless Continuing Initial 3.%-52 -10.2% -15.2% -31.8% 1,132 772 Claims Jobless Continuing .%0.2% -10.2% 9.4% -15.2% -0.1% -31.8% 5,369 1,132 772 5,364 trailing mo. 12 Units, of Claims Number Jobless Permits, Building Continuing .%0.2% 9.4% -0.1% 5,369 5,364 trailing mo. 12 Units, of Number Permits, Building .%4.0% 0.2% 9.6% 9.4% 0.2% -0.1% 5,369 870,783 5,364 872,158 trailing trailing mo. 12 mo. 12 dollars), Units, of of Number (thousands Permits, Valuation Building .%4.0% 9.6% 0.2% 870,783 872,158 trailing mo. 12 dollars), of (thousands Valuation .%5.0% 4.0% 4.6% 9.6% 0.2% 2.4% 286 870,783 293 872,158 trailing mo. 12 Index dollars), Price of Home (thousands Purchase-Only Valuation FHFA .%5.0% 4.6% 2.4% 286 293 Index Price Home Purchase-Only FHFA .%5.0% -5.1% 4.6% -23.1% 2.4% -33.3% 15 286 10 293 Index Price Filings Home Bankruptcy Purchase-Only Business Total FHFA -33 2.%-5.1% -23.1% -33.3% 15 10 Filings Bankruptcy Business Total -33 2.%-5.1% -12.9% -50.0% -23.1% -33.3% -33.3% 6 15 4 10 Filings Bankruptcy 7 Business Chapter Total 3.%-00 -12.9% -50.0% -33.3% 6 4 7 Chapter - -12.9% - -50.0% 0.0% -33.3% 16 14 11 7 Chapter Chapter - - 0.0% 1 1 11 Chapter - 8.4% - -25.0% 0.0% -25.0% 41 31 13 11 Chapter Chapter 2.%-50 8.4% -25.0% -25.0% 4 3 13 Chapter 2.%-50 8.4% -25.0% -25.0% 4 3 13 Chapter Sources: Bureau of Economic Analysis, Quarterly Personal Income (SA)(Q2/18); South Dakota Department of Revenue (NSA) (9/18); South Dakota Department Department Dakota South (9/18); (NSA) Revenue of Department Dakota South (SA)(Q2/18); Income Personal Quarterly Analysis, Economic of Bureau Sources: Sources: Bureau of Economic Analysis, Quarterly Personal Income (SA)(Q2/18); South Dakota Department of Revenue (NSA) (9/18); South Dakota Department Department Dakota South (9/18); (NSA) Revenue of Department Dakota South (SA)(Q2/18); Income Personal Quarterly Analysis, Economic of Bureau Sources: Sources: Bureau of Economic Analysis, Quarterly Personal Income (SA)(Q2/18); South Dakota Department of Revenue (NSA) (9/18); South Dakota Department Department Labor of Dakota Bureau South (10/1/18); (9/18); idwest (NSA) M Revenue Prices, of Diesel and Department Gasoline Dakota Retail South Weekly (SA)(Q2/18); Administration, Income Personal Information Quarterly Energy US Analysis, (Q1/18); (SA) Economic of Regulation Bureau and Labor Sources: of of Labor and Regulation (SA) (Q1/18); US Energy Information Administration, Weekly Retail Gasoline and Diesel Prices, M idwest (10/1/18); Bureau of Labor Labor of Bureau (10/1/18); idwest M Prices, Diesel and Gasoline Retail Weekly Administration, Information Energy US (Q1/18); (SA) Regulation and Labor of Statistics, CES (SA) (9/18); US Department of Labor, Employment and Training Administration (NSA) (9/29/18); Census Bureau, New Privately Owned Housing Units Units Housing Labor of Owned Bureau Privately (10/1/18); New idwest Bureau, M Prices, Census Diesel (9/29/18); and (NSA) Gasoline Retail Administration Weekly Training and Administration, Employment Information Labor, of Energy US Department (Q1/18); US (SA) (9/18); (SA) Regulation CES and Labor of Statistics, Statistics, CES (SA) (9/18); US Department of Labor, Employment and Training Administration (NSA) (9/29/18); Census Bureau, New Privately Owned Housing Units Units Housing Owned Privately New Bureau, Census (9/29/18); (NSA) Administration Training and Employment Labor, of Department US (9/18); (SA) CES Statistics, Statistics, CES (SA) (9/18); US Department of Labor, Employment and Training Administration (NSA) (9/29/18); Census Bureau, New Privately Owned Housing Units Units Rate. Housing Growth Owned Annual Privately New *Compound Bureau, (Q2/18). Census Courts US the (9/29/18); of (NSA) Office Administrative Administration (Q2/18); Training and (SA) Index Price Employment Home Labor, of Purchase-Only Department US FHFA (9/18); (8/18); (SA) (NSA) CES Statistics, Authorized Authorized (NSA) (8/18); FHFA Purchase-Only Home Price Index (SA) (Q2/18); Administrative Office of the US Courts (Q2/18). *Compound Annual Growth Rate. Growth Annual *Compound (Q2/18). Courts US the of Office Administrative (Q2/18); (SA) Index Price Home Purchase-Only FHFA (8/18); (NSA) Authorized Authorized (NSA) (8/18); FHFA Purchase-Only Home Price Index (SA) (Q2/18); Administrative Office of the US Courts (Q2/18). *Compound Annual Growth Rate. Growth Annual *Compound (Q2/18). Courts US the of Office Administrative (Q2/18); (SA) Index Price Home Purchase-Only FHFA (8/18); (NSA) Authorized information/publications/default.aspx - https://sdsos.gov/general visit please report, full For information/publications/default.aspx information/publications/default.aspx - - https://sdsos.gov/general https://sdsos.gov/general visit visit please please report, report, full full For For Q3 BUSINESS & ECONOMIC DATA ANALYSIS SUMMARY

SOUTH DAKOTA SECRETARY OF STATE SHANTEL KREBS In partnership with

…………………. Third Quarter 2018

Secretary ’s Minute : When I took the oath of office in January 2015, I was taking on an office that was a failing bureaucracy with no accountability. Business filings were over 6 weeks behind and UCC filings were over 80 days behind, among other areas in disarray. I had to put an action plan together quickly to turn the office around and regain the trust that the Secretary of State’s office demands. As my term ends this year, I wanted to share with you the long list of projects that were completed and how we turned the office around in the short time I was here. I think the best way to recap is to highlight just a few areas: •My priority was to upgrade the business and Uniform Commercial Code online filing systems so that customers can file documents instantaneously. We have filed over 79,000 active businesses in FY2018, which is an all-time high, compared to FY2012 in which the office filed 49,660 active businesses. The ease of our new online business filing system hit another filing record in new businesses formed in FY2018, totaling 8,864, compared to 6,415 new businesses formed in FY2012. UCC filings totaled 55,646 for FY18 in the new system. •I have made a concerted effort to make sure that more information is easily accessible on the website. For example, Executive Proclamations are now available to the public dating back to 1903. For those of you utilizing the new online business filing system, you may have noticed that there are more documents readily available going back over 25 years. Over 5.3 million documents have been uploaded and are now available on the business/UCC filing sites. •I upgraded the concealed carry permit that our office issues to a more official looking permit. South Dakota now has over 100,000 active concealed carry permit holders in the state compared to 87,655 active permit holders in 2016. •I focused on registering more voters. My Value the Vote tour has led me to high schools, universities, and service organizations across the state. Since taking office, voter registration numbers have grown by almost 20,000 new registered voters to a total of nearly 540,000 registered voters in the state of South Dakota. •I implemented a Zero-Based budgeting operation to run at the speed of business, not at the speed of government. This format allowed me to revert (money not spent) $69,000 back to the state general fund. In the last two fiscal years, I have requested budget cuts of over $174,000. All while growing revenue by nearly$2 million more to the state’s general fund to the tune of $7.5 million in FY2017. I have always said that a good leader surrounds herself with even better people and that is what I have in my team. Thank you for giving me this opportunity to serve you.

Third Quarter 2018 Economic Highlights  SD’s unemployment rate is 3.0% at the end of the 3rd quarter.  Personal income increased by 2.2% over the prior quarter.  Taxable sales increased by 2.1% in Q3.  Employment was up by 1.4% over the prior year.  Total new entities were up by 13.3% over the prior year.  Most national indicators improved in Q3.

3 Months Percent Change Annual Percent 5 Year SOUTH DA KOTA Current Period Pr ior over Prior Period Change CA GR* Wealth Personal Income (millions of dollars) 43,511 42,595 2.2% 2.7% 2.7% Total Sales, 12 mo. trailing (millions of dollars) 75,447 72,474 4.1% 14.0% 2.6% Taxable Sales, 12 mo. trailing (millions of dollars) 22,159 21,702 2.1% 6.1% 2.9% Business Outlays Average Weekly Wage per Employee 842 856 -1.6% 2.8% 3.5% Retail Gasoline Price (dollars per gallon) 2.84 2.77 2.5% 13.6% -3.5% Economic Overview Employment 441,400 440,700 0.2% 1.4% 1.1% Unemployment Rate 3.0% 3.2% -6.3% -11.8% -4.1% Initial Jobless Claims 144 158 -8.9% -22.2% -9.3% Continuing Jobless Claims 772 1,132 -31.8% -15.2% -10.2% Building Permits, Number of Units, 12 mo. trailing 5,364 5,369 -0.1% 9.4% 0.2% Valuation (thousands of dollars), 12 mo. trailing 872,158 870,783 0.2% 9.6% 4.0% FHFA Purchase-Only Home Price Index 293 286 2.4% 4.6% 5.0% Q3 BUSINESS & ECONOMIC DATA ANALYSIS SUMMARY SUMMARY ANALYSIS ANALYSIS DATA DATA ECONOMIC ECONOMIC & & BUSINESS BUSINESS Q3 Q3 Total Business Bankruptcy Filings SUMMARY SUMMARY ANALYSIS ANALYSIS 10DATA DATA 15 ECONOMIC ECONOMIC & & -33.3%BUSINESS BUSINESS -23.1%Q3 Q3 -5.1% Chapter 7 4 6 -33.3% -50.0% -12.9% Chapter 11 1 1 0.0% - - SOUTH DAKOTA DAKOTA SOUTH SOUTH Chapter 13 3 4 -25.0%STATE OF DAKOTA DAKOTA -25.0%SECRETARY SOUTH SOUTH 8.4% In partnership with with partnership In STATE STATE OF OF SECRETARY SECRETARY In partnership with with partnership In KREBS KREBS STATE OF SHANTEL SHANTEL SECRETARY Sources: Bureau of Economic Analysis, with with Quarterly Personalpartnership partnership IncomeIn In (SA)(Q2/18); South Dakota Department ofKREBS Revenue (NSA)SHANTEL (9/18); South Dakota Department of Labor and Regulation (SA) (Q1/18); US Energy Information Administration, Weekly Retail Gasoline and DieselKREBS Prices, M idwestSHANTEL (10/1/18); Bureau of Labor Statistics, CES (SA) (9/18); US Department of Labor, Employment and Training Administration (NSA) (9/29/18); Census Bureau, New Privately Owned Housing Units Authorized (NSA)2018 (8/18); FHFA Purchase-OnlyQuarter Third Home Price Index (SA) (Q2/18); Administrative Office of the US …………………. Courts (Q2/18). *Compound Annual Growth Rate. Third Quarter 2018 2018 2018 Quarter Quarter Third Third …………………. …………………. 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Highlights Economic 2018 Quarter Third Highlights Highlights Economic Economic 2018 2018 Quarter Quarter Third Third quarter. prior the over 2.2% by increased income Highlights Personal  Economic 2018 Quarter Third quarter. prior the over 2.2% by increased income Personal  quarter. quarter. 3rd 3rd the the of of end end the the at at 3.0% 3.0% is is rate rate unemployment unemployment s s ’ ’ SD SD   quarter. quarter. prior prior year. the the prior over over the 2.2% 2.2% over by by 1.4% by up increased increased was income income Personal Employment Personal    quarter. 3rd the of end the at 3.0% is rate unemployment s ’ SD  year. prior the over 1.4% by up was Employment  quarter. 3rd the of end the Q3. Q3. at in in 3.0% 2.1% 2.1% is by by rate increased increased sales sales unemployment s ’ Taxable SD Taxable    year. year. prior prior Q3. in the the over over improved 1.4% 1.4% by by up up indicators was was national Employment Most Employment    Q3. in 2.1% by increased sales Taxable  Q3. in improved indicators national Most  year. year. prior prior the the over over Q3. 13.3% 13.3% in by by 2.1% up up by were were increased entities entities sales new new Total Taxable Total    Q3. Q3. in in improved improved indicators indicators national national Most Most   year. year. prior prior the the over over 13.3% 13.3% by by up up were were entities entities new new Total Total   5 Year Year 5 Percent Annual Change Percent Months 3 5 Year Year 5 Percent Annual Change Percent Months 3 5 Year GR* Year 5 CA Percent Change Annual Period Change Prior Percent over ior Pr Months 3 Period Current KOTA DA SOUTH 5 Year GR* Year 5 CA Percent Change Annual Period Change Prior Percent over ior Pr Months 3 Period Current KOTA DA SOUTH AGR* CA Change Period Prior over ior Pr Period Current KOTA DA SOUTH AGR* CA Change Period Prior over ior Pr Period Current KOTA DA SOUTH Wealth Wealth .%2.7% 2.7% 2.2% 42,595 43,511 dollars) of (millions Income Wealth Wealth Personal .%2.7% 2.7% 2.2% 42,595 43,511 dollars) of (millions Income Personal .%2.7% 2.7% 2.6% 2.7% 2.7% 14.0% 4.1% 2.2% 2.2% 72,47442,59542,595 75,44743,511 43,511 dollars) of dollars) dollars) (millions of of trailing (millions (millions mo. 12 Income Income Sales, Total Personal Personal 40 2.6% 14.0% 4.1% 72,474 75,447 dollars) of (millions trailing mo. 12 Sales, Total .%2.9% 2.6% 2.6% 6.1% 14.0% 14.0% 2.1% 4.1% 4.1% 21,70272,47472,474 22,15975,44775,447 dollars) of dollars) dollars) of of (millions (millions (millions trailing mo. trailing trailing 12 mo. mo. Sales, 12 12 Sales, Sales, Taxable Total Total .%2.9% 6.1% 2.1% 21,702 22,159 dollars) of (millions trailing mo. 12 Sales, Taxable .%2.9% 2.9% 6.1% 6.1% 2.1% 2.1% 21,70221,702 22,15922,159 dollars) dollars) of of (millions (millions trailing trailing mo. mo. 12 12 Sales, Sales, Outlays Taxable Taxable Business Business Outlays Business .%3.5% 2.8% -1.6% 856 842 Employee per Wage Outlays Outlays Weekly Business Business Average .%3.5% 2.8% -1.6% 856 842 Employee per Wage Weekly Average .%3.5% 3.5% -3.5% 2.8% 2.8% 13.6% 2.5% -1.6% -1.6% 856 856 2.77 842 842 2.84 gallon) per Employee Employee per per (dollars Wage Wage Price Weekly Weekly Gasoline Retail Average Average 36 -3.5% 13.6% 2.5% 2.77 2.84 gallon) per (dollars Price Gasoline Retail 36 -3.5% -3.5% 13.6% 13.6% 2.5% 2.5% 2.772.77 2.842.84 gallon) gallon) per per (dollars (dollars Price Price Overview Gasoline Gasoline Economic Retail Retail Economic Overview Economic .%1.1% 1.4% 0.2% 440,700 441,400 Overview Overview Employment Economic Economic .%1.1% 1.4% 0.2% 440,700 441,400 Employment .%1.1% 1.1% -4.1% 1.4% 1.4% -11.8% 0.2% 0.2% -6.3% 3.2% 440,700 440,700 3.0% 441,400441,400 Rate Unemployment Employment Employment .%32 63 1.%-4.1% -11.8% -6.3% 3.2% 3.0% Rate Unemployment -.%-22 -9.3% -4.1% -4.1% -22.2% -11.8% -11.8% -8.9% -6.3% -6.3% 158 3.2% 3.2% 144 3.0% 3.0% Rate Rate Claims Jobless Unemployment Unemployment Initial -.%-22 -9.3% -22.2% -8.9% 158 144 Claims Jobless Initial -.%-22 -9.3% -9.3% -10.2% -22.2% -22.2% -15.2% -8.9% -8.9% -31.8% 158 158 1,132 772 144 144 Claims Claims Claims Jobless Jobless Jobless Continuing Initial Initial 3.%-52 -10.2% -15.2% -31.8% 1,132 772 Claims Jobless Continuing .%0.2% -10.2% -10.2% 9.4% -15.2% -15.2% -0.1% -31.8% -31.8% 5,369 1,1321,132 772 772 5,364 trailing mo. 12 Units, of Claims Claims Number Jobless Jobless Permits, Building Continuing Continuing .%0.2% 9.4% -0.1% 5,369 5,364 trailing mo. 12 Units, of Number Permits, Building .%4.0% 0.2% 0.2% 9.6% 9.4% 9.4% 0.2% -0.1% -0.1% 5,3695,369 870,783 5,3645,364 872,158 trailing trailing trailing mo. 12 mo. mo. 12 12 dollars), Units, Units, of of of Number Number (thousands Permits, Permits, Valuation Building Building .%4.0% 9.6% 0.2% 870,783 872,158 trailing mo. 12 dollars), of (thousands Valuation .%5.0% 4.0% 4.0% 4.6% 9.6% 9.6% 0.2% 0.2% 2.4% 286 870,783 870,783 293 872,158872,158 trailing trailing mo. mo. 12 12 Index dollars), dollars), Price of of Home (thousands (thousands Purchase-Only Valuation Valuation FHFA .%5.0% 4.6% 2.4% 286 293 Index Price Home Purchase-Only FHFA .%5.0% 5.0% -5.1% 4.6% 4.6% -23.1% 2.4% 2.4% -33.3% 15 286 286 10 293 293 Index Index Price Price Filings Home Home Bankruptcy Purchase-Only Purchase-Only Business Total FHFA FHFA -33 2.%-5.1% -23.1% -33.3% 15 10 Filings Bankruptcy Business Total -33 2.%-5.1% -5.1% -12.9% -50.0% -23.1% -23.1% -33.3% -33.3% -33.3% 6 15 15 4 10 10 Filings Filings Bankruptcy Bankruptcy 7 Business Business Chapter Total Total 3.%-00 -12.9% -50.0% -33.3% 6 4 7 Chapter - -12.9% -12.9% - -50.0% -50.0% 0.0% -33.3% -33.3% 166 144 11 7 7 Chapter Chapter Chapter - - 0.0% 1 1 11 Chapter - - 8.4% - - -25.0% 0.0% 0.0% -25.0% 141 131 11 13 11 Chapter Chapter Chapter 2.%-50 8.4% -25.0% -25.0% 4 3 13 Chapter 2.%-50 8.4% 8.4% -25.0% -25.0% -25.0% -25.0% 44 33 13 13 Chapter Chapter Sources: Bureau of Economic Analysis, Quarterly Personal Income (SA)(Q2/18); South Dakota Department of Revenue (NSA) (9/18); South Dakota Department Department Dakota South (9/18); (NSA) Revenue of Department Dakota South (SA)(Q2/18); Income Personal Quarterly Analysis, Economic of Bureau Sources: Sources: Bureau of Economic Analysis, Quarterly Personal Income (SA)(Q2/18); South Dakota Department of Revenue (NSA) (9/18); South Dakota Department Department Dakota South (9/18); (NSA) Revenue of Department Dakota South (SA)(Q2/18); Income Personal Quarterly Analysis, Economic of Bureau Sources: Sources: Bureau of Economic Analysis, Quarterly Personal Income (SA)(Q2/18); South Dakota Department of Revenue (NSA) (9/18); South Dakota Department Department Labor of Dakota Bureau South (10/1/18); (9/18); idwest (NSA) M Revenue Prices, of Diesel and Department Gasoline Dakota Retail South Weekly (SA)(Q2/18); Administration, Income Personal Information Quarterly Energy US Analysis, (Q1/18); (SA) Economic of Regulation Bureau and Labor Sources: of Sources: Bureau of Economic Analysis, Quarterly Personal Income (SA)(Q2/18); South Dakota Department of Revenue (NSA) (9/18); South Dakota Department Department Labor of Dakota Bureau South (10/1/18); (9/18); idwest (NSA) M Revenue Prices, of Diesel and Department Gasoline Dakota Retail South Weekly (SA)(Q2/18); Administration, Income Personal Information Quarterly Energy US Analysis, (Q1/18); (SA) Economic of Regulation Bureau and Labor of Sources: Statistics, CES (SA) (9/18); US Department of Labor, Employment and Training Administration (NSA) (9/29/18); Census Bureau, New Privately Owned Housing Units Units Housing Labor of Owned Bureau Privately (10/1/18); New idwest Bureau, M Prices, Census Diesel (9/29/18); and (NSA) Gasoline Retail Administration Weekly Training and Administration, Employment Information Labor, of Energy US Department (Q1/18); US (SA) (9/18); (SA) Regulation CES and Labor of Statistics, Statistics, CES (SA) (9/18); US Department of Labor, Employment and Training Administration (NSA) (9/29/18); Census Bureau, New Privately Owned Housing Units Units Housing Labor of Owned Bureau Privately (10/1/18); New idwest Bureau, M Prices, Census Diesel (9/29/18); and (NSA) Gasoline Retail Administration Weekly Training and Administration, Employment Information Labor, of Energy US Department (Q1/18); US (SA) (9/18); (SA) Regulation CES and Labor Statistics, of Statistics, CES (SA) (9/18); US Department of Labor, Employment and Training Administration (NSA) (9/29/18); Census Bureau, New Privately Owned Housing Units Units Rate. Housing Growth Owned Annual Privately New *Compound Bureau, (Q2/18). Census Courts US the (9/29/18); of (NSA) Office Administrative Administration (Q2/18); Training and (SA) Index Price Employment Home Labor, of Purchase-Only Department US FHFA (9/18); (8/18); (SA) (NSA) CES Statistics, Authorized Statistics, CES (SA) (9/18); US Department of Labor, Employment and Training Administration (NSA) (9/29/18); Census Bureau, New Privately Owned Housing Units Units Rate. Housing Growth Owned Annual Privately New *Compound Bureau, (Q2/18). Census Courts US the (9/29/18); of (NSA) Office Administrative Administration (Q2/18); Training and (SA) Index Price Employment Home Labor, of Purchase-Only Department US FHFA (9/18); (8/18); (SA) (NSA) CES Authorized Statistics, Authorized (NSA) (8/18); FHFA Purchase-Only Home Price Index (SA) (Q2/18); Administrative Office of the US Courts (Q2/18). *Compound Annual Growth Rate. Rate. Growth Growth Annual Annual *Compound *Compound (Q2/18). (Q2/18). Courts Courts US US the the of of Office Office Administrative Administrative (Q2/18); (Q2/18); (SA) (SA) Index Index Price Price Home Home Purchase-Only Purchase-Only FHFA FHFA (8/18); (8/18); (NSA) (NSA) Authorized Authorized information/publications/default.aspx information/publications/default.aspx - - https://sdsos.gov/general https://sdsos.gov/general visit visit please please report, report, full full For For information/publications/default.aspx information/publications/default.aspx - - https://sdsos.gov/general https://sdsos.gov/general visit visit please please report, report, full full For For CERTIFICATION

CLICK HERE for COMPLETE INFORMATION CLICK HERE for COMPLETE INFORMATION NALA will release new editions of the CP study materials ACP certification is available for Certified Paralegals and to correspond with the new format launched this year. is focused on mastery of any of the following law specialties. Courses are self-study, web-based modules. The courses Part 1 KNOWLEDGE Exam include presentations(s), detailed exercises, and a final Available year-round at PSI testing centers. assessment exam. Courses average 20 hours to complete. Contact your chosen testing center for availability. Self-Study / Web-Based • Administered on-demand, year-round at testing centers with preliminary results upon completion. Online course module, detailed exercises and assessment. • 120* multiple-choice questions covering the topics listed in Appendix A online. Only 100 questions will be scored. NALA is in the process of converting courses to its new online platform. The following focus areas are available at this time: • Subjects addressed: • Corporate/Commercial Law • U.S. Legal System BUSINESS ORGANIZATIONS: Incorporated Entities • Criminal Law & Procedure • Civil Litigation • Estate Planning & Probate • Contract Law CRIMINAL LITIGATION • Real Estate & Property • Torts • Professional & Ethical Responsibility DISCOVERY Candidates must successfully complete the Knowledge E-DISCOVERY Exam in order to be eligible to take the Skills Exam. FAMILY LAW: • Candidates must wait at least 2 weeks after passing the • Adoption & Assisted Reproduction Knowledge Exam to take the Skills Exam. • Child Custody, Child Support, Visitation • Dissolution Case Management • Division of Property & Spousal Support Part 2 SKILLS Exam Adoption & Assisted Reproduction Candidates are eligible two weeks REAL ESTATE: after passing the Knowledge Exam. Land Use • Principles TRIAL PRACTICE • Administered four times each year: February, April, July, and October. ------• Written assignment (see Appendix A online). Returning Soon: • Written submissions will be evaluated according to the BUSINESS ORGANIZATIONS: Non-Corporate Entities following criteria: COMMERCIAL BANKRUPTCY WRITING CRITICAL THINKING CONTRACTS MANAGEMENT • Grammar, Spelling • Reading Comprehension & Punctuation • Analysis of Information ESTATE PLANNING • Clarity of Expression • Decision Making PERSONAL INJURY Automobile Accidents • Entity Medical Liability Re-Testing Individual Medical Liability • Intentional Torts Candidates who do not pass the Knowledge Exam must wait Premises Liability • Product Liability 90 days before re-taking it. Candidates must pass each exam Worker’s Compensation • Wrongful Death within the first three attempts at each exam during a 365-day TRADEMARKS period or wait 365 days before trying again.

16 SDPA's The Reporter SeptemberFall 2018 2018 SDParalegals.com

SOUTH DAKOTA PARALEGAL ASSOCIATION, INC. (f/k/a South Dakota Legal Assistants Association, Inc.) Founded in 1989

______

MEMBERSHIP DUES RENEWAL FORM January 1, 2019 to December 31, 2019

Name: ______Designation, if any: _____ (CLA, CLAS, CP, ACP, RP, PP)

Employer: ______

Supervising Attorney(s): ______

Office Address: ______

Office Telephone: ______Facsimile: ______

E-mail Address: ______

Home Address: ______

Home Telephone: ______

Preferred Mailing & Publication Address: _____ Office _____ Home

NOTE NEW ANNUAL FEES: Please check membership classification: _____ Active ($65.00) _____ Student ($20.00) _____ Associate ($35.00) _____ Sustaining ($65.00) _____ Honorary Inactive

Due Date: January 1, 2019

Date Delinquent: January 31, 2019 $10 late fee applies to all dues postmarked on or after February 1. MEMBERSHIPS NOT RENEWED BY MARCH 1ST WILL BE TERMINATED.

Forward form and check payable to SDPA to:

Cindy E. Schmit, ACP SDPA Treasurer 5605 E. Eastbridge Place Sioux Falls, SD 57110

SDPA's The Reporter SeptemberFall 2018 2018 SDParalegals.com SDParalegals.com SDPA'sSDPA's The Reporter The Reporter September Fall 2018 17 Job Bank

Please contact Job Bank Chair, Laura Stewart, if you know of open positions: [email protected] ------PARALEGAL LEGAL SECRETARY PARALEGAL Legacy Law Firm - Sioux Falls Pechota Law Office- Rapid City Avera Health - Sioux Falls Seeking paralegal to add to our team. One or more Full-time legal secretary. The ideal candidate will Results-oriented, full-time paralegal for litigation sup- years of experience is preferred, along with strong possess knowledge of the legal system, including port, proficient in document drafting, discovery, and academic credentials and excellent communication electronic filing in both state and federal courts, be case management in a large volume practice. skills. Qualified applicants should send a cover letter well organized, friendly, and able to multi-task in Supports the Avera Patient Accounts Attorney. and resume to Felan Link at Felan@LegacyLawFirm- a very busy environment. Knowledge of Microsoft Large-volume practice involving drafting pleadings, PC.com. All applications will be kept confidential. Office and Word Perfect is required. The position coordinating and scheduling discovery, working pre- will include filing, document drafting and editing, (Posted 11-26-2018) dominantly in Circuit Court, but also Minnesota Work- scheduling, client communications, and various other ers' Compensation Court, and Federal Bankruptcy duties. The position will also require receptionist ------Court when necessary. Responsible for case tracking duties when needed, answering phones and greeting and reporting status to referring Avera entities. TRUST OFFICER ASSISTANT clients. Hours are Monday through Thursday 8-5 and Fridays from 8-4. Wage DOE. Email your resume to • High school diploma is required along with prior South Dakota Trust Company - Sioux Falls Miranda Madsen at [email protected]. legal experience and/or diploma with a degree in Position requires accounting, paralegal, or business (Posted 11-19-2018) legal assistant studies. degree with a minimum of 2 years' related work • Knowledge and proficiency in dealing with FDCPA, experience. Assists with day-to-day management HIPAA, HITECH, and GLBA is required in addition of trust accounts by opening new accounts, work------to state and local civil procedure statutes and ing with attorneys, financial advisors, and clients, rules, Workers' Compensation, and bankruptcy. calculating distributions, managing information on a LEGAL ASSISTANT • CP credential from NALA or obtain certification trust accounting system, running annual reports, and Bangs McCullen - Sioux Falls within one year of employment. facilitating correspondence. Typical hours are 8-5, M-F. Applicant must be a Click here for more information. Must be a self-starter who can work independently at detail-oriented person, who has a positive attitude, (Posted 8-6-2018) a high level, and takes initiative to meet deadlines. and possesses excellent clerical and communication Strong writing and verbal communication skills, time skills. Wage DOE -- Excellent benefit package. Email ------management, scheduling, organization, office skills, resume to: [email protected]. along with contributing to a team effort are also (Posted 6-28-2018) necessary. Ability to multi-task is critical. CORPORATE PARALEGAL Otter Tail Corporation – Fergus Falls, MN Competitive salary and benefits package. Submit ------resume and cover letter to [email protected]. Seeking a paralegal to support our corporate legal department. Fergus Falls is a friendly, picturesque (Posted 7-17-2018) CENTRAL BILLING SPECIALIST community with vibrant arts, growing businesses, Ballard Spahr - Minneapolis, MN / Sioux Falls award-winning healthcare, and excellent schools. ------Full-time position can be located in our Minneapolis, The Corporate Paralegal supports the General Coun- LEGAL ASSISTANT/PARALEGAL MN, or Sioux Falls office. Responsible for all aspects sel and Corporate Secretary and other attorneys by Gunderson, Palmer, Nelson & Ashmore of client bill preparation according to both client and completing a range of legal, transactional, securities attorney specifications, including but not limited compliance, and executive administrative duties. Rapid City to, processing edits, printing, and mailing invoices. Also provides high-level administrative support to Full-time in our family law department. Must be detail Responsibilities also include the preparation and the Board of Directors. Demonstrated experience oriented, able to maintain a heavy workload in a fast- submission of electronic invoices in accordance with supporting activities related to a public company, paced environment, present a professional appear- client and vendor guidelines, as well as research- corporate governance, maintenance of corporate ance, possess a positive attitude, and have excellent ing and resolving issues associated with electronic and legal records, and corporate secretary duties. A communication skills. Knowledge of legal documents invoicing. Perform accounting support in areas of commitment to integrity and a demonstrated ability and electronic court filing are paramount. Salary cash receipts and accounts payable as needed. This to work with minimal supervision is a must. DOE. Excellent benefits package. Send resume and position will also provide time and billing application Day-to-day interaction with all levels of management cover letter to Glenda Hutton at [email protected]. support to users firm-wide. Must be flexible to work and requires executive presence as well as strong overtime as needed during time-critical deadlines (Posted 7-17-2018) verbal and written communication skills. Successful such as month-end and year-end closing. candidates will be self-motivated, responsible, and ------Candidate will have strong computer skills, be profi- confident. The ability to prioritize multiple projects, cient with Microsoft Office, with a basic understand- meet deadlines, and work collaboratively is a must. PARALEGAL ing of Microsoft Access. Must have good organiza- • 3-5 years of paralegal or corporate secretary Clayborne, Loos & Sabers tional and analytical skills, able to handle multiple – Rapid City experience demands, prioritize tasks, and handle the pressure Dynamic law firm looking to hire a full-time paralegal • Bachelor’s degree in business or related field of meeting deadlines. Able to work in a team envi- or other experienced legal professional. Candidates • Paralegal Certificate ronment as well as independently, and possesses would work primarily in a business and litigation prac- • Knowledge of governance processes as well as excellent interpersonal and communications skills. tice, including family and domestic relations files. A understanding of corporate organization great compensation package and benefits to include Qualified candidates must have a high school • Experience drafting and editing corporate bylaws health insurance and retirement are available for the diploma with a basic understanding of accounting and meeting minutes qualified candidate. Experience in litigation practice principles and at least 2 years' billing experience • Proficiency in Microsoft Word, Excel, and Access including client communications, file organization, in a law firm or professional services environment. • Ability to travel approximately 10% of the time drafting pleadings and electronic filing are preferred. College degree preferred. Diversified utility company with offices in Fargo, ND, Dictation, typing, and familiarity with Excel would also Resumes from search firms not accepted. and Fergus Falls, MN, with nearly $1 billion in annual be a plus. Training is available for the right person. revenues and 2,000 employees in several industries. Interested candidates are assured of confidentiality Equal opportunity employer, excellent compensation, and can email resume and cover letter to Donna comprehensive benefits package, generous PTO To apply, click here. Resume and cover letter must be Eixenberger. program. Apply online here. uploaded with application. (Posted 4-2-2018) (Posted 3-22-2018) (Posted 5-23-2018)

18 SDPA's The Reporter SeptemberFall 2018 2018 SDParalegals.com Job Bank Administrative Burden of Proof Terminology: Civil v. Criminal A H D L M I C L G K Y P B O A D J S T A T U T O R Y C B Case I B F J A T N M R T N F O P F I E A G E C W A L F Y G R Child Custody G K A L N N O J R E C L A K D F L F L I V I C A D H O J Civil C M E A P N O E M P T J R F Q M O N E H C K L O I T E K Civil Standby N L N G E I P I A O H R G N C S P O I N G D T J U B G P Common D E C T H O E O T K B T I D O B F J R P D S C C H M R A Community Service T J A M R N D Q E U J P E B U R Q A K P U A E O I D N O Constitutional M R K P O F T K C E T R N H U K S O G C F S N S M L C F Y E Q S N M O C I R O I S A I T P H D I O O K T A M I E Criminal L P B H U A V J V O I B T J O D I L F R N L N H K B O M Defendant E K I F G W E M R N D P H S U E I O P P A O Q E G J C N Felony H S Y O D T U K E A J N P T N H M G N S D R O L D N A L Government P C A N J M N B S E L A E I C O A N O R F M C L I R O E Imprisonment A N L C O E Y L Y M D Y L M J H C T E A J K P D B H U N Landlord Q G B F I L U Q T E B I A D M I N I S T R A T I V E G B Law U M R X H K E K I D F P I L A N I M I R C M F P O J L I Misdemeanor E P V A S L T F N S U A R C I K E U C T V S G N C K F E S C G N D O C A U I E Q T M J G Q B L I R D U B I A T Q Monetary F Z T M B J T K M M L G P H D P R O C E D U R A L H U V Personal R L A W Q S Z F M P B R I K F A Y R D M N W F L T O N B Plaintiff B Y H E L U V H O U I H W C R X L U Z S T A Y M G E P S Preponderance of Evidence O N I I G A T C C S G D P Q T A P G B N E L J D C F I A Procedural D M V K P S R E O J N E A K L V F T H P E R S O N A L D Property H I J F I E C N E D I V E F O E C N A R E D N O P E R P Prosecutor C L O B Q D M O H F B Q D I C H M J E N O D X W L C Z E Retribution N G A M H E L C M G P R T E O U X P S A G V F B P Q S M B E K J N G I N J A K C S N L A K D F O L C M J E H F D Statutory F F I T N I A L P D E O B M I T N E M N R E V O G B O A Tenant Trial Answer Key @ SDParalegals.com/Newsletter.html

Winter is upon us! Well, maybe not quite yet, but I still use it as an excuse SUBMISSIONS to make chili! And who am I kidding. . . I make chili all year round :) The Reporter is a quarterly publication. Send submissions to [email protected] by: January 31...... Winter July 31...... Summer April 30...... Spring Quick-Cook / Crock-Pot Chili October 31...... Fall

Ingredients Instructions - Quick Cook 1 can Chili beans in hot sauce Add all ingredients to a pot, 1 can Fire-roasted, diced tomatoes ADVERTISING sprinkle with salt and pepper, then Rates are per issue and include tax: 1 can Rotel - hot simmer for at least 30 minutes. 1 can Rotel - original Full Page...... $53.25 2 cans Dark red kidney beans $ 30 3 lbs Ground beef, browned, drained Instructions - Crock Pot Quarter Page...... 21. $ 95 1 Green pepper The night before, mix everything in a Half Page...... 31. 1 Red pepper crock-pot plus a sprinkle of salt and Business Card...... $15.98 1 Yellow onion pepper. Place in fridge, and start it 12 oz. Canned tomato juice cooking the next morning. You can do Inquiries: Jessi Stucke, CP 6 Tbsp Chili powder* high or low depending on how long @ [email protected] 2 Tbsp Cayenne pepper** you will be away - but the longer it simmers, the better it tastes! When Toppings it's ready to eat, I top mine with Fritos, Chili Cheese Fritos shredded cheese, and chopped pickles, Shredded Cheese but you can really add in anything you like. + Chopped pickles Autumn Nelson, CP *This is a guestimate - we like ours spicy, so I just dump it in and taste until it's to my liking! **Again, more or less to your spice-level preference +Optional, but I put them in mine!

SDPA's The Reporter SeptemberFall 2018 2018 SDParalegals.com SDParalegals.com SDPA'sSDPA's The Reporter The Reporter September Fall 2018 19