Gov. Kristi Noem signed legislation this week to create a state public defender office.

The proposal arose from a task force involving legislative and criminal justice officials. When the group convened, South Dakota was one of two states to saddle counties with the entire financial burden of providing legal representation to criminal defendants who can’t afford lawyers. South Dakota had since become the last state in that category.

“A strong criminal justice system supports our American way of life,” Noem said in a press release. “It upholds the rights of our people. That includes the Sixth Amendment right to legal counsel.”

Continue reading “South Dakota no longer only state to saddle counties with all indigent defense costs” →

The Supreme Court ruled Friday that thousands of low-level drug dealers are ineligible for shortened prison terms under a Trump-era bipartisan criminal justice overhaul.

The justices took the case of Mark Pulsifer, who was convicted in a southwest Iowa federal case of distributing at least 50 grams of methamphetamine, to settle a dispute among federal courts over the meaning of the word “and” in a muddy provision of the 2018 First Step Act.

Continue reading “Supreme Court in Iowa case upholds mandatory prison terms for some low-level drug dealers” →

When Tashina Abraham-Medved appeared in a Roberts County courtroom to be sentenced for felony drug ingestion in April of 2022, her lawyer asked to be removed from the case.

That court-appointed attorney, Robert Doody, said there had been a “serious communication breakdown” between himself and his client.

Judge Jon Flemmer denied the request and sent Abraham-Medved to prison.

Continue reading “New hearing ordered for woman sentenced to prison without aid of attorney” →

Emails from the deleted account of the late North Dakota Attorney General Wayne Stenehjem have been discovered, his successor has said.

The emails, once believed to have been deleted forever, were downloaded last summer to a computer at the state Bureau of Criminal Investigation, Attorney General Drew Wrigley told The Forum on Monday, March 4.

Continue reading “Emails from former North Dakota attorney general found 2 years after being deleted” →

FEBRUARY 29, 2024:

South Dakota Governor Kristi Noem has signed the following bills into law:

• HB 1083 permits a person convicted of certain driving under the influence offenses to drive for certain purposes;
• HB 1087 modifies the definitions of a child in need of supervision and a delinquent child;
• HB 1116 makes fraudulent solicitation of charitable contributions a deceptive act or practice; and,
• SB 194 creates a license plate for certain retired firefighters and clarify provisions regarding special firefighter license plates.
• SB 188 modifies the time before which rural access infrastructure grant moneys must be expended or obligated;
• HB 1085 specifies the venue of appeal to circuit court for persons committed to a mental health facility;
• HB 1088 removes the option for a court services officer to prepare documentation in an adoption proceeding;
• HB 1117 repeals a requirement for the filing of an annual report regarding prearranged funeral trust contracts;
• HB 1126 permits an alternative delivery method for issuance of a policy by an insurer;
• HB 1129 repeals the session law authorizing the Board of Regents to contract for the design and construction of a new dairy research and extension farm on the campus of South Dakota State University, and to declare an emergency; and,
• HB 1135 expands definitions pertaining to the purchasing of grain.

Noem has signed 108 bills into law this legislative session.

Continue reading “South Dakota Legislative Update” →

In 2022, New Mexico recorded the nation’s highest violent crime rate, while Washington had the highest property crime rate. Maine had the lowest violent crime rate, and Idaho held the lowest property crime rate.

The US crime rate has trended downward for decades, and recent data confirms this pattern. However, while the national violent crime rate decreased by 1.6% in 2022 compared to 2021, the property crime rate rose by 6.7%. Rates vary by region due to factors including urbanization levels, economic conditions, and law enforcement effectiveness.

Continue reading “Which states have the highest and lowest crime rate?” →

The state’s new women’s prison may well be full when it opens, South Dakota’s corrections secretary said this week, a reality largely attributable to the prevalence of drug abuse in the penal population.

The new prison will free up space for addiction treatment, but the secretary said she’s concerned about the potential for more crowding in the womens’ facilities if the state doesn’t find a way to address its approach to substance abuse.

Lawmakers heard those warnings during debate on funding for the Rapid City minimum security prison, which passed the full Senate this week after a hearing in the budget-setting Joint Appropriations Committee.

Continue reading “Corrections secretary: New women’s prison could be filled with addicts on day one” →

Some lawmakers in South Dakota want harsher penalties for people who make threats of violence against elected officials.

It’s already a felony in South Dakota to make death threats or vows to seriously injure constitutional office holders here, but a measure under consideration at the state Capitol wants those same legal protections extended to lawmakers, judges or just about any elected office holder in South Dakota.

Continue reading “Death threats against public officials could be broadened in SD” →

On January 12, South Dakota’s Division of Banking issued a mandate setting March 31, 2024 as the deadline for all South Dakota licensed money lenders and non-residential mortgage brokers to comply with their Bank Secrecy Act/Anti-Money Laundering (BSA/AML) requirements under a 2020 Final Rule published by the Financial Crimes Enforcement Network (FinCEN). FinCEN’s 2020 Final Rule notably closed a regulatory loophole, extending BSA/AML requirements to banks that lack a federal functional regulator. A “federal functional regulator” is any one of the following: Federal Reserve Board, FDIC, NCUA, OCC, OTS, SEC, or CFTC. There are over 550 banks that currently lack a federal functional regulator, consisting of state-chartered, non-depository trust companies, non-federally insured credit unions, and some international banking entities.

Continue reading “South Dakota Lenders on Tight Deadline for BSA/AML Compliance” →

Continue reading “Doxxing is a federal crime in certain cases” →