An effective and efficient system of indigent defense is important for all South Dakotans. South Dakota has devoted a couple years of study, discussion and legislative action to the issue. Judges, prosecutors and defense attorneys, county commissioners, legislators and others have all worked together in this effort. This broad cooperation reflects the importance of the issue and provides a foundation to successfully tackle it.

Last year, the Legislature created and funded the Commission on Indigent Legal Services and a statewide public defender office. They are tasked with developing standards for assigning cases, providing training to private lawyers who take appointments, and handling appeals in criminal cases across South Dakota.

Continue reading “An exciting turning point for the defense of people who can’t afford lawyers” →

Complaints about law enforcement have steadily risen over the past few years, owing in part to an online portal that simplifies the process of making a complaint to the state Division of Criminal Investigation about alleged police misconduct.

Even with the rise, though, fewer than 1% of certified officers in South Dakota were disciplined for their behavior in 2024.

Continue reading “Police commission: Complaints against cops rising, but fewer than 1% of SD officers disciplined” →

Between Eric Holder’s soft-on-crime memo, James Comey’s election meddling, and Jack Smith’s incessant lawfare, the United States Department of Justice has spent much of the last two decades in the proverbial wilderness. The incoming Trump administration has the opportunity and incentive to reshape DOJ. Here are five steps it can take to restore a department in desperate need of change.

Row the boat or get thrown overboard. It’s time for line federal prosecutors—Assistant United States Attorneys—to get back to work. In 2010, federal prosecutors brought 68,591 new federal criminal cases. By 2023, the same number of U.S. attorneys were handling just 49,913 new cases, a huge drop. You would have to go back to 1998 to find a year with fewer federal prosecutions.

Continue reading “Five Ways to Right the Department of Justice” →

May your Thanksgiving be filled to the brim with gratitude, love, and happiness.

United States Attorney Alison J. Ramsdell announced that a Bellevue, Nebraska, man has been arraigned on charges of Kidnapping, Sexual Exploitation of a Minor, Transportation of a Minor with Intent to Engage in Criminal Sexual Activity, and Enticement of a Minor Using the Internet.

Continue reading “Nebraska Man Indicted and Detained for Kidnapping South Dakota Minor” →

Donald Trump’s second presidential term will begin on Jan. 20, bringing with it promises to dramatically reshape many aspects of the criminal justice system. The U.S. Senate — with its authority over confirming judicial nominees — will also shift from Democratic to Republican control.

In the 65 days between now and then, the outgoing — or “lame duck” — Biden administration will likely take steps to maximize its influence and legacy or preempt some Trump administration priorities. Here are three key areas where that may happen.

Continue reading “Biden Has 65 Days Left in Office. Here’s What He Can Do on Criminal Justice” →

A state constitutional amendment on victims’ rights approved by voters in 2016 is not absolute, the South Dakota Supreme Court concluded this week.

The justices decided that South Dakota’s Marsy’s Law amendment does not trump a defendant’s right to a fair trial. Their decision came Thursday in the case of South Dakota vs. Waldner.

Continue reading “High court rules in favor of victim, but says Marsy’s Law is not absolute” →

South Dakota Attorney General Marty Jackley celebrates the graduation of 48 new law enforcement recruits on Friday, November 15. The graduates who completed the Basic Law Enforcement training program in Pierre are now ready to serve their respective departments and communities.

“These recruits are now ready to serve their departments and communities,” said Attorney General Jackley. “Thank you to them and their course instructors for their efforts.”

Continue reading “South Dakota Attorney General Honors 48 New Law Enforcement Graduates” →

The Federal Bureau of Prisons (BOP) is still having issues interpreting the First Step Act (FSA), which was enacted in December 2018 under Donald Trump. As Trump returns to the White House next January, he’ll see a BOP that is still struggling in implementing FSA, which was meant to save money on incarceration. However, the BOP has continued to interpret the FSA in a way that favors longer incarceration in institutions rather than sending men and women into lesser restrictive community options, such as halfway houses and home confinement. A judge in the Middle District of Alabama made a ruling that could affect the sentences of thousands of federal prisoners, if the BOP would make a broader change to its policies rather than addressing issues one at a time in court.

Continue reading “Courts Continue To Hand Bureau Of Prisons Losses On First Step Act” →

South Dakotans voted Tuesday for seven ballot measures, 105 state legislators, a couple of statewide offices and a U.S. president.

Here are real-time results on those statewide issues and offices from The Associated Press and the Institute for Nonprofit News. Look for investigative reporter Stu Whitney’s top takeaways from the election on Wednesday.

Continue reading “2024 South Dakota Election Results” →