ANOTHER INMATE FOUND DEAD IN CELL AT THE SOUTH DAKOTA STATE PENITENTIARY

SIOUX FALLS, S.D. (John Hult / South Dakota Searchlight) – The state is investigating another death in Department of Corrections custody.

Nicholas Skorka, 42, died at the South Dakota State Penitentiary on Tuesday, according to a press release.

The release did not list a cause of death for Skorka. He is the 10th person to die in the department’s custody this year and the fourth that will be subject to scrutiny by the state Division of Criminal Investigation, the investigative arm of the Attorney General’s Office.

The death certificate for one of the investigated cases, that of 20-year-old Anthony Richards, lists the cause of his February death as an overdose of “synthetic cannabinoid 5F-ADB,” a drug sometimes referred to as K2. Two other inmates, 39-year-old Jason Garreau and 24-year-old Joshua Arrow, died days apart late last month. Arrow’s official death certificate has yet to be filed; Garreau’s was filed last week and lists methamphetamine toxicity” as his cause of death.

Wednesday’s release did not say if Skorka’s death is being investigated as drug-related. An autopsy for Skorka, whose body was found in his cell, will take place Thursday.

“DCI will do a thorough investigation, and we will determine what additional action is needed pending the results of that investigation,” Attorney General Marty Jackley said in the release.

On May 29, Department of Corrections spokesman Michael Winder sent a notice saying the department had busted a drug ring at the penitentiary. Its staff seized shipments of drugs intended for delivery to Sioux Falls inmates via the mail and parcels delivered by visitors to inmates.

“If the results of the investigation warrant prosecution,” that day’s news release said, “criminal charges will be sought.”

Jackley’s spokesman Tony Mangan told South Dakota Searchlight on Wednesday that no charges have been filed for actions tied to the drug ring or in-custody deaths.

 

IOWA GOVERNOR KIM REYNOLDS VETOES EMINENT DOMAIN BILL

DES MOINES, IA (Gray Media Iowa Capitol Bureau) – Iowa Gov. Kim Reynolds has vetoed a bill restricting the use of eminent domain for carbon capture pipelines.

The bill, known as HF 639, would have required that projects requesting to use eminent domain serve the public’s interest. Supporters said the proposed Summit Carbon Capture pipeline doesn’t fit that requirement because it’s owned by a private company.

Gov. Reynolds, a Republican, says she respects both sides of the issue and when eminent domain is used, it has to be fair and a last resort. She says this bill goes further than just eminent domain protections and threatens Iowa’s economy and energy reliability.

Reynolds said the bill could impact other pipeline projects that use voluntary easements, and the insurance mandates in the bill could kill that project.

In her veto letter, Reynolds said, “I understand this was not the intent. Those who crafted the bill said they don’t want to stop CO2 pipelines that rely entirely on voluntary agreements. But that is exactly what the bill does. For that reason alone, I cannot sign it.”

Reynolds said the debate over the issue highlighted progress that can be made.

“I agree we can do more to limit the use of eminent domain, promote transparency, and ensure responsible land restoration…We can do better. And I’m committed to working with the legislature to strengthen landowner protections, modernize permitting, and respect private property,” she said.

Governor Reynolds is also requiring the Iowa Utilities Commission to implement reforms to address concerns from affected landowners. She says she’s asking the IUC to immediately require all commissioners be present for live testimony and ensuring at least one commissioner attends every informational meeting.

The veto is disappointing for Iowa Falls farmer Kathy Stockdale. It will go right through her property.

Since the beginning phase of the project, Stockdale says she’s had a lot of sleepless nights.

“3:00 a.m. is a popular time that we all wake up and, I mean, you wake up in the middle of the night and that’s what your mind goes to. You try to change it but it’s just not possible. It just comes,” she said.

Stockdale has been fighting at the statehouse weekly for the past four years, trying to get lawmakers to stop the pipeline. It’s cost her $10,000 in legal fees, and the situation has put a strain on her family.

“It’s been costly. I mean, everything we’ve done has been at our own expense. Lawyers travel to the capitol, meals, we brought treats for legislators,” Stockdale said.

The cost hasn’t just been financial.

“It’s been very hard because, I mean, other life goes on and I’ve missed out a lot of that. Like time with my grandkids or with family and friends. I lost a brother in the last year that I would have liked to spent more time with,” she said.

Stockdale says Summit offered her around $300,000. But her land doesn’t have a price…something that she’s stressed to lawmakers in Des Moines again and again.

“I think our battle isn’t just for us landowners who are going down there. It’s for our towns and our communities also. Because if we lose property rights, we are no longer America,” she said.

Stockdale vowed to keep fighting.

A fight in the legislature could be brewing. Iowa House Speaker Pat Grassley (R-New Hartford) said he’s distributing a petition to call the legislature back into a special session to override Governor Reynolds’ veto.

“This veto is a major setback for Iowa. It is a setback not only for landowners who have been fighting across Iowa, but for the work the House of Representatives has put in for four years to get legislation like HF 639 passed. We will not stop fighting and stand firm on our commitment until landowners’ in Iowa are protected against Eminent Domain for private gain,” Grassley said.

A veto override requires a 2/3 vote in both chambers. That’s not likely to happen. Republican Senate leaders didn’t want the bill debated to begin with, and the bill didn’t pass out of the chamber with 2/3 senators voting in favor.

In a statement, Iowa Senate Majority Leader Jack Whitver (R-Grimes) says he doesn’t think members in his caucus wouldn’t be interested in an override vote.

“I support the decision Governor Reynolds made to veto HF 639. Based on the votes on that bill in the Iowa Senate, a significant majority of our caucus supports a better policy to protect landowner rights. I expect that majority of our caucus would not be interested in any attempt to override her veto,” Whitver said.

Iowa House Minority Leader Brian Meyer (D-Des Moines) said Reynolds put corporate interests over Iowans.

“It’s no surprise that Governor Reynolds has once again sided with her political donors rather than Iowa landowners. Iowa House Democrats and Republicans worked together to protect property rights. At the end of the day, there is only one group to blame for the failure of the eminent domain bill: Iowa Republican lawmakers,” Meyer said.

Summit Carbon Solutions thanked Reynolds for the veto.

We thank the Governor and her staff for their thoughtful and thorough review of the bill. Summit remains committed to working with landowners through voluntary agreements—just as we have with more than 1,300 Iowa landowners to date, resulting in $175 million in payments. We look forward to continued discussions with state leaders as we advance this important project. At a time when farmers are facing increasing pressures, this project opens the door to new markets and helps strengthen America’s energy dominance for the long term. – Official statment from Summit Carbon Solutions

 

DECEMBER RETIREMENT OF JUSTICE KERN OPENS UP SEAT ON SOUTH DAKOTA SUPREME COURT

PIERRE, S.D. (John Hult / South Dakota Searchlight) – The longest-serving current justice of South Dakota’s Supreme Court will step down in December, creating a vacancy to be filled by Republican Gov. Larry Rhoden.

Justice Janine Kern represents the high court’s first district, which includes Custer, Lawrence, Meade and Pennington counties. Prior to her appointment by former Gov. Dennis Daugaard in 2014, Kern spent 18 years as a circuit court judge for that West River area.

Her father Paul Kern, a former circuit court judge, administered three oaths of office for her – first as an attorney, then a circuit court judge, and finally as a Supreme Court justice.

“It is with a heart brimming with gratitude for the trust and confidence placed in me, which gave me the opportunity to serve the people of this great state, that I notify you of my retirement on December 8, 2025, nearly 29 years to the day of my investiture as a circuit court judge,” the 64-year-old Kern said in her retirement announcement. “It has been a deep honor and privilege to serve.”

In a press release on her announcement, Chief Justice Steven Jensen praised Kern for her “unwavering commitment to justice, the integrity of the courts, and a deep compassion for the people we serve.”

In addition to her service as a judicial officer, Kern served on the Council of Juvenile Services from 2004 to 2013 and on the Federal Advisory Committee on Juvenile Justice from 2004 and 2008, as well as on numerous other boards and commissions.

“I work with several young attorneys who look up to her as a role model, so her steady hand on the court will be missed,” Rhoden said in a press release. “As I review potential appointments to replace her on the bench, I will be hopeful that we can find a future Supreme Court judge of her caliber.”

Kern is one of two women  — the other being Justice Patricia DeVaney — currently serving on the five-member high court. Kern was previously part of the state’s only female-majority state Supreme Court, serving alongside Justices Lori Wilbur and Judith Meierhenry, who was the first woman appointed to the state’s high court.

That female majority court heard a single case on a single day, April 25, 2017, when then-Justice Steven Zinter disqualified himself and retired Justice Meierhenry stepped in. Wilbur retired later that year.

Kern is one of three current justices appointed by Daugaard, the others being Mark Salter and Jensen, who was elected chief justice by his colleagues in 2021. Former Gov. Kristi Noem appointed Justices DeVaney and Scott Myren.

Rhoden will choose Kern’s replacement based on recommendations from the state Judicial Qualifications Commission.

To be considered, potential justices must be licensed to practice law in South Dakota and voting residents of the district from which they are appointed at the time they take office.

Justices face retention elections on the November general election ballot three years after their initial appointment, and every eight years after that.