http://www.abajournal.com/news/ en Copyright 2013 2013-05-23T15:22:43-06:00 http://www.abajournal.com/news/article/south_dakota_lures_lawyers_to_rural_areas_with_annual_subsidies/ Rural law practice will become more lucrative for some South Dakota lawyers under a new law passed last month. Lawyers participating in the pilot program will be paid $12,000 a year to work in rural areas, the New York Times reports. The lawyer will have to… Bar Associations, Business of Law, Careers, Law Firms, Solos/Small Firms, States, South Dakota Tue, 09 Apr 2013 07:43:12 -0500 43644.abajournal.com http://www.abajournal.com/news/article/financial_incentives_proposed_for_lawyers_who_relocate/ Rural lawyers are so scarce in South Dakota that many counties located in the center of the state have fewer than four lawyers. And at least six counties do not have a single lawyer working in them. In response, South Dakota Supreme Court Justice David E. Gilbertson is pushing a… Careers, Judiciary, Law Students, States, South Dakota Tue, 12 Feb 2013 18:22:25 -0600 42841.abajournal.com http://www.abajournal.com/news/article/pink_slime_beef_producer_sues_abc_diane_sawyer_usda_microbiologist_and_othe/ A group of companies that produce lean finely textured beef--called "pink slime" by some critics--has filed a defamation suit over news coverage that included the nickname and, plaintiff Beef Products Inc. alleges, falsely portrayed the meat as unhealthy. Winston & Strawn's chairman, Dan Webb, represents BPI concerning… Corporate Law, Law Firms, Large Firm, Partners, Media & Communications Law, Tort Law, Trials & Litigation, States, South Dakota Thu, 13 Sep 2012 11:22:32 -0500 40703.abajournal.com http://www.abajournal.com/news/article/top_federal_prosecutor_in_south_dakota_takes_over_review_of_56_tribal_reser/ Stepping into the middle of a long-simmering tension between the Oglala Lakota Nation and the Federal Bureau of Investigation that has ignited strong feelings for decades, the top federal prosecutor in South Dakota is reviewing 56 homicides on the Pine Ridge Indian Reservation. U.S. Attorney Brendan Johnson has taken over… Civil Rights, Constitutional Law, Criminal Justice, Prosecutors, 8th Circuit Court, States, South Dakota Tue, 07 Aug 2012 05:14:59 -0500 40059.abajournal.com http://www.abajournal.com/news/article/death_penalty_is_sentence_for_two_brothers_convicted_in_separate_crimes_25_/ Brothers Roger and Rodney Berget are a rarity in the criminal justice system. Both were condemned to die for murders. There are at least three other cases in which brothers got the death penalty, the Associated Press reports. But the Bergets are unusual because they were sentenced… Criminal Justice, Death Penalty, States, Oklahoma, South Dakota Wed, 30 May 2012 09:56:44 -0500 39008.abajournal.com http://www.abajournal.com/news/article/south_dakota_governor_signs_law_banning_courts_from_enforcing_religious_cod/ South Dakota Gov. Dennis Daugaard has signed a bill designed to prevent courts from applying Islamic law. The revised measure bars courts and governmental agencies from enforcing any provisions of any religious code, according to Gavel to Gavel, a newsletter of the National Center for State… Constitutional Law, Legislation & Lobbying, Religious Law, States, South Dakota Tue, 13 Mar 2012 10:48:44 -0500 37772.abajournal.com http://www.abajournal.com/news/article/tribe_seeks_injunction_to_curb_alcohol_sales_near_reservation/ An Indian tribe in South Dakota is asking a federal judge to issue an injunction as part of its suit against companies that make and sell beer in a Nebraska border town. The Oglala Sioux Tribe has amended its $500 million suit to ask the judge to limit beer sales… Health Law, Tort Law, Trials & Litigation, States, Nebraska, South Dakota Thu, 23 Feb 2012 09:04:41 -0600 37478.abajournal.com http://www.abajournal.com/news/article/inmate_seeking_execution_says_hes_ready_to_kill_again_but_desire_to_die_isn/ Updated: Accused of beating a 63-year-old South Dakota prison guard to death in a failed escape attempt in April, Eric Robert pleaded guilty and said he wants to be executed. And a judge agreed that death was the only appropriate punishment, reports the Argus Leader. He's ready… Constitutional Law, Criminal Justice, Death Penalty, Sentencing/Post Conviction, Trials & Litigation, Evidence, States, South Dakota Wed, 26 Oct 2011 18:29:02 -0500 35735.abajournal.com http://www.abajournal.com/news/article/give_rural_south_dakota_a_chance_state_bar_urges_lawyers/ Sixty-five percent of South Dakota’s lawyers are headquartered in four cities in the state, a statistic that concerns the state bar. Under a new initiative called Project Rural Practice, the State Bar Association of South Dakota hopes to lure lawyers to areas of the state with the greatest legal need,… Bar Associations, Business of Law, Careers, States, South Dakota Fri, 09 Sep 2011 07:01:05 -0500 34877.abajournal.com http://www.abajournal.com/magazine/article/friendlier_state_legislatures_lead_to_a_rise_in_anti-abortion_legislation/ ABA Journal Production, Civil Rights, Constitutional Law, First Amendment, Health Law, Judiciary, Legal History, Legislation & Lobbying, Privacy Law, U.S. Supreme Court, States, South Dakota, The National Pulse Mon, 01 Aug 2011 02:20:44 -0500 33848.abajournal.com http://www.abajournal.com/news/article/defendant_loses_appeal_based_on_judges_go_native_remark/ Corrected: A Native American has lost his bid for a new sentence because of the judge’s “go native” remark. The South Dakota Supreme Court said the judge’s comment, used to describe the defendant’s pattern of behavior when drinking alcohol, was “ill chosen” but there was no bias. The June 22… Criminal Justice, Sentencing/Post Conviction, Judiciary, Trials & Litigation, States, South Dakota Tue, 28 Jun 2011 08:28:33 -0500 33603.abajournal.com http://www.abajournal.com/news/article/disciplined_for_rudeness_judge_says_he_cant_afford_probation/ Disciplined for repeated rudeness to lawyers, court staff and others, a South Dakota judge says he can't afford the nearly $175,000 that a six-month suspension and subsequent probation could cost him. So Circuit Judge A.P. "Pete" Fuller of Rapid City will retire and return to law practice, reports the Administrative Law, Careers, Judiciary, Legal Ethics, Trials & Litigation, Verdicts & Settlements, States, South Dakota Mon, 20 Jun 2011 12:54:59 -0500 33468.abajournal.com http://www.abajournal.com/news/article/judge_who_acted_with_unconscionable_arrogance_must_retire_or_face_suspensio/ A 68-year-old judge who flipped the bird, used vulgar language and made insensitive racial and sexist jokes must retire or face a six-month unpaid suspension, the South Dakota Supreme Court has ruled. If Judge A.P. "Pete" Fuller of Rapid City accepts the suspension, he will also be placed on probation… Judiciary, Legal Ethics, Trials & Litigation, States, South Dakota Fri, 20 May 2011 11:24:28 -0500 32945.abajournal.com http://www.abajournal.com/news/article/shamed_judge_pleads_to_keep_his_job_tells_top_sd_court/ In a voice choked with emotion, a South Dakota judge today pleaded with the state's top court to let him stay on the bench until he reaches the mandatory retirement age of 70. "I'm not perfect, but I have changed," said Circuit Judge A.P. "Pete" Fuller of Rapid City, who… Administrative Law, Careers, Judiciary, Legal Ethics, Trials & Litigation, States, South Dakota Thu, 28 Apr 2011 18:22:39 -0500 32574.abajournal.com http://www.abajournal.com/news/article/top_s._dak._court_raps_ex-prosecutor_says_he_shouldnt_have_put_grand_jury_t/ A former prosecutor should be publicly censured for putting grand jury transcripts on the Internet, the South Dakota Supreme Court has ruled, even though he obtained a court order authorizing him to do so. Now a state lawmaker, Lance Russsell (R-Hot Springs) also erred as Fall River County's state's attorney… Appellate Practice, Criminal Justice, Prosecutors, Internet Law, Legal Ethics, Trials & Litigation, States, South Dakota Fri, 22 Apr 2011 15:31:35 -0500 32453.abajournal.com http://www.abajournal.com/news/article/udge_faces_potential_removal_due_to/ For the first time in its 121-year history, the top court of South Dakota is to hold a hearing later this month to decide whether to remove a sitting judge from the bench. The Judicial Qualifications Commission contends that Judge A.P. "Pete" Fuller of the state's 7th Circuit was rude… Administrative Law, Constitutional Law, Judiciary, Legal Ethics, Legal History, Trials & Litigation, States, South Dakota Mon, 11 Apr 2011 07:49:56 -0500 32163.abajournal.com http://www.abajournal.com/news/article/women_seeking_abortions_in_south_dakota_will_have_to_visit_pregnancy_help_c/ A first-of-its-kind law signed Tuesday by South Dakota Gov. Dennis Daugaard requires women seeking abortions to get counseling first. Women will have to go to “pregnancy help centers” where they will learn about assistance available should they decide to give birth, the New York Times reports.… Constitutional Law, Legislation & Lobbying, States, South Dakota Wed, 23 Mar 2011 07:00:47 -0500 31850.abajournal.com http://www.abajournal.com/news/article/south_dakota_defers_bill_allowing_homicide_in_defense_of_fetus/ South Dakota lawmakers have postponed indefinitely a vote on a bill that some had criticized as a license to kill abortion providers. South Dakota House Speaker Val Rausch said a vote on the justifiable homicide bill won’t be taken until a decision is made whether to amend or even drop… Criminal Justice, Legislation & Lobbying, States, South Dakota Fri, 18 Feb 2011 06:30:56 -0600 31207.abajournal.com http://www.abajournal.com/news/article/s.d._lawmaker_denies_his_bill_is_a_license_to_kill_abortion_providers/ A South Dakota lawmaker is defending his bill that says killings to protect unborn children are justifiable homicide. Critics have said the bill is a “license to kill” abortion providers, but chief sponsor Rep. Phil Jensen of Rapid City says that’s not true, the Associated Press reports.… Legislation & Lobbying, States, South Dakota Wed, 16 Feb 2011 07:12:18 -0600 31151.abajournal.com http://www.abajournal.com/news/article/lawyer_who_claimed_child_porn_was_legal_research_is_acquitted/ A 62-year-old Sioux Falls lawyer has been acquitted of child pornography charges after claiming he viewed the images at work as part of his legal research. Leo Flynn plans to continue practicing law, the Argus Leader reports. "This just reaffirms why I became a… Criminal Justice, Trials & Litigation, States, South Dakota Mon, 20 Dec 2010 08:51:26 -0600 30005.abajournal.com