DES MOINES, IA – An ethics committee in the Republican-led Iowa House has dismissed a complaint filed by a group of community activists against a state lawmaker for his support of the state’s Education Savings Accounts.

The accounts allow parents to use public money for their child’s private education. Rep. Dean Fisher, R-Montour, has plans to open a private school in his district and voted in favor of legislation to create the program.

Tim Glaza, special projects director for the group Iowa Citizens for Community Improvement, believes Fisher’s vote was clearly a conflict of interest.

“They want to have about 120 students in the school,” Glaza pointed out. “If you do the math, that’s over $900,000 of public money that will be going to his personal school every year.”

While he did not address his plans for a private school in his response, Fisher argued the ethics complaint was politically motivated and said he was fulfilling a campaign promise by voting to create the program.

Supporters of Education Savings Accounts said they know better how to educate their children than public schools and should be able to use their tax dollars to pay for private school. Recent polls show 62% of Iowans oppose such programs, for siphoning money from the public school system.

Glaza called on lawmakers to require Fisher to abstain from voting on future voucher bills.

“They want to expand the voucher program,” Glaza outlined. “They could increase the amount. They can expand it to home-school. They can expand what the vouchers can be used for.”

Glaza argued any such changes would mean an even bigger hit on public schools. Thirteen states have some form of education savings account or private school vouchers and others are considering them.

 

PIERRE, S.D. – South Dakota is creating an Office of Indigent Legal Services after House Bill 1057 passed the Legislature with nearly unanimous support this month.

The U.S. Constitution gives all people accused of a crime the right to a lawyer. South Dakota is one of only two states where counties, not the state, have been responsible for providing public defenders for those who cannot afford to pay.

Neil Fulton, dean of the Knudson School of Law at the University of South Dakota and co-chair of the Indigent Legal Services Task Force, said costs added up for counties, and noted there are added challenges for people in rural counties seeking attorneys.

“The biggest challenge is just availability,” Fulton observed. “And the geographic reach from where the lawyer is to where the client is.”

Fulton predicted the bill will improve the quality of public defense. He hopes to see the new state office taking cases by the end of this year, following the creation of a Commission on Indigent Legal Services and hiring and training attorneys.

It is still undecided how the program will be funded long-term. Indigent defendants are expected to pay back the costs of their legal services.

Samantha Chapman, advocacy manager for the American Civil Liberties Union of South Dakota, urged changes to the practice.

“We hope that there’ll be future policy reform bills changing the way that the state is recouping the costs from those indigent defendants, many of which will never be able to pay off their debt,” Chapman stressed.

The changes to the system are projected to cost the state $1.4 million annually, and save counties more than $1.5 million.

 

 

DES MOINES, IA – The Iowa state Senate passed a version of an Area Education Agency, or AEA, reform on Monday.  The only issue is the fact that the Iowa House of Representatives passed a different version of a bill dealing with the topic earlier and now there is a conflict brewing in Des Moines.

Governor Kim Reynolds released a statement following the Senates passage which said in part, “I want to thank the Senate for their commitment to improving special education and acknowledging that the AEA system needs reform.  I now look forward to working with the House and Senate to reach a compromise that will bring transparency, accountability, and consistency to the AEA system.”

Reynolds went on to say that the important role of teachers must be recognized by increasing salaries across the board for both starting and experienced educators.

The Iowa House has also passed a bill to increase teacher pay to at least $50,000 per year within the next two years but the Senate has not acted on that topic yet.

 

 

FT PIERRE, S.D. – A 31 year old man from Sioux Falls was sentenced to 14 years in the South Dakota State Penitentiary today (March 18, 2024) in Sixth Circuit Court in Fort Pierre.

The charge against Shadu Karish Kawaja stems from the rape of a 9 year old girl in rural Stanley County last year. He was given credit for the 284 days he’s been in the Hughes County Jail.

Kawaja plead guilty to one count of Sexual Contact with a Child under Sixteen late last year (Dec. 19, 2023), while two other charges were dismissed as part of a plea agreement. Among the other stipulations are that Kawaja must also pay a $1000 fine, pay associated fees and court costs and must notify the state’s Sex Offender Registry upon his release.

Kawaja’s attorney asked for the mandatory minimum sentence of 10 years in prison because of factors such as this being his first felony conviction and he immediately took responsibility for his actions.

Stanley County State’s Attorney Tom Maher asked for the full 15 years citing a brief history of misdemeanor domestic assault charges and part of his psycho-sexual assessment that indicated he is a high risk to offend again.

The case was investigated by agents with the South Dakota Division of Criminal Investigation, in cooperation with witnesses, officers of the Stanley County Sheriff’s Office and staff at Avera St. Mary’s and Child Assessment Center.

 

 

PUKWANA, S.D.  — Bret Healy and his family have battled publicly over control of a ranch near Pukwana for several years. He first took his family to court in South Dakota’s First Circuit in 2017, saying the family corporation did not have the legal right to sell land.

Since then, Healy with his attorney Tucker Volesky, have repeatedly filed lawsuits against Healy’s relatives and others over stock and land ownership regarding the family ranch.

Healy has filed more than 10 state and federal lawsuits contesting matters involving the family ranch, including one against the South Dakota Supreme Court that U.S. District Judge Roberto Lange ordered on December 14, 2023, to be dismissed, in part because of judicial immunity.

Now both have been financially sanctioned by a South Dakota court.

State Circuit Judge Patrick Smith issued a sanction of $240,000 against the plaintiff in the cases, Bret Healy, for violations of a South Dakota law that bars court filings “for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.”

The judge also ordered a $10,000 sanction against Healy’s attorney, Tucker Volesky. The judge stated that he was “duty bound” to report Volesky to the South Dakota Disciplinary Board of the State Bar and ordered that Volesky comply with any directive issued by the board.

“Bret Healy has subjected the current parties, other family members, and past attorneys to numerous amounts of litigation with numerous arguments that erroneously claim ownership of certain land, and corporate stock,” Judge Smith wrote in the decision that was issued Friday.

Judge Smith noted that the South Dakota Supreme Court of South Dakota hasn’t addressed the issue of a state circuit court imposing sanctions on a party and attorney on its own motion, but said the U.S. Eighth Circuit Court of Appeals has upheld sanctions issued by federal district courts.

The sanctions Judge Smith ordered against Healy and Volesky are payable to the Brule County Clerk of Courts.

Healy is a former executive director of the South Dakota Democratic Party and currently is treasurer of the Four Directions Native Vote non-profit. One of the family members he has sued is Bryce Healy, a former state commissioner of school and public lands. Volesky is a 2019 graduate of the University of South Dakota School of Law and has practiced in Huron with his father, Ron.

In ordering the sanctions, Judge Smith wrote:

“Bret was ordered to pay attorney fees by the Circuit Court and the Supreme Court, totaling $120,390.02. Further, Bret was ordered to pay sanctions by the Federal Court, and the amounts are still being considered. This has not deterred him. Mr. Volesky is duty bound to scrutinize every claim he files, and to review the appropriateness of each. This has not been done.

“Rule 11 provides that an action for sanctions is proper if it is shown that the litigation is brought for an improper purpose such as harassment, for claims brought that have no basis in law, for claims that have no basis to assert that a modification or reversal of existing law will ultimately support such claims, and that such lack of support for any claim is excusable due to a lack of information. Here, they are, they do not, they do not, and they are inexcusable.

“Past sanctions have had no effect on Bret Healy, despite totaling over $120,000.00. Mr. Volesky has not been deterred or counseled his client on the wisdom of pursing frivolous actions. It is the intent of this Court to impress upon Mr. Healy that his actions have consequences and should not continue, and the finding of this Court that the doubling of his past sanctions will do so.”

 

STURGIS, S.D. – The Sturgis City Council after meeting in executive session voted to accept the petitions seeking to send a proposed flat track race to a public vote.

Upon accepting the petitions, the council voted 6 to 2 to send the matter to the April 9th municipal election ballot.

It’s an about face from the council who received criticism from citizens who were concerned about the nearly $3.3 million dollars the city would spend in a five year contract with AMA-Pro, American Flat Trackers and the Outerkind Agency. However, the city had hoped much of that money could be made up with sponsorship dollars.

The decision to send it to a public vote went against City Attorney Mark Marshal’s opinion that the resolution that authorizes the Council President to sign the host agreement with the three entities was not referable.

AMA-Pro Racing, in collaboration with Outerkind and the City of Sturgis has been working since last September to stage the inaugural Spirit of Sturgis TT Race on Sunday, August 11, which is the last day of the Sturgis Motorcycle Rally.

 

MITCHELL, S.D. (South Dakota News Watch) – Standing next to a row of bookcases in the Mitchell High School library, South Dakota’s lieutenant governor was asked about taking the reins of state government.

It’s a sensitive subject for Larry Rhoden, who has embraced his supporting role as Gov. Kristi Noem’s second-in-command since entering office in 2019 following 16 years in the state Legislature.

“I try not to bring it up,” said the Union Center rancher when asked by News Watch about how his duties might change if Noem is chosen as Donald Trump’s vice-presidential nominee on the Republican ticket. “I don’t want to make it look like I’m thinking about it.”

Despite that political prudence, the subject is hard to avoid.

Rhoden surmised that the selection process will accelerate now that Trump has wrapped up the nomination and is looking ahead to the July 15-18 Republican National Convention in Milwaukee.

Noem didn’t dodge the topic at a March 13 town hall that she and Rhoden attended in Mitchell. The event saw her sign two education-related bills while mingling with state legislators, staffers and residents, some of whom grilled her on landowner rights while others queried her on the VP sweepstakes.

The 52-year-old governor confirmed that she met with Trump at his Mar-a-Lago resort in Florida recently to discuss the possibility of her joining the ticket, adding that she is committed to helping Trump defeat Democratic President Joe Biden on Nov. 5.

“My answer used to be that President Trump and I have never talked about it, but now we have talked about it,” Noem said during the town hall. “What I told him is that I will do whatever it takes for me to help him win. Of course, I’d rather stay with all of you if you’ll keep me. This is my favorite job. I love this job.”

If she is chosen to run for VP, News Watch asked Noem, will she formally delegate authority to Rhoden during the time she is campaigning nearly full-time away from South Dakota? She responded that no such transfer of power will occur.

“If I’m nominated, I still get to be governor,” Noem said. “So, you keep me until I’m not governor. People who know me will tell you that I don’t sleep very well. The lieutenant governor is my partner, and he helps me with a lot of stuff, but I will still be the governor and I will still be making the decisions.”

The answer may not be as clear as Noem suggests.

While speculation has swirled around her joining Trump’s ticket, there has been less examination of what happens to state government if the chief executive is away from South Dakota for long stretches running for national office.

When South Dakota U.S. Sen. George McGovern was the Democratic nominee for president in 1972, he remained in office during his campaign, which resulted in a landslide defeat to Republican incumbent President Richard Nixon. McGovern was re-elected to the Senate in 1974 despite being labeled a “part-time senator” by his opponent in a closer-than-expected race.

Running for national office as a governor is different, not only because of differing job descriptions but also due to the boundaries of state law.

The South Dakota Constitution, in Article 4, Section 6, states that when the governor is “unable to serve by reason of continuous absence from the state, or other temporary disability, the executive power shall devolve upon the lieutenant governor for the residue of the term or until the disability is removed.”

Like other constitutional interpretations, the assessment of Noem’s “continuous absence” will likely hinge on how much political pressure is exerted upon her to hand over day-to-day operations during a rigorous presidential campaign.

Democratic state Sen. Reynold Nesiba of Sioux Falls, a member of the Government Operations and Audit Committee, told News Watch that the governor should resign her office if she is chosen to run for vice president.

“South Dakota taxpayers should not be footing the bill for her travel around the country, especially since she provides little to no transparency about her state airplane use and security-related costs while in office,” Nesiba said.

Jon Schaff, a political science professor at Northern State University in Aberdeen, noted that Noem has already weathered her share of controversy about pursuing a national political profile away from South Dakota on the heels of her hands-off handling of the COVID-19 pandemic, which endeared her to some conservatives.

“It probably comes down to how much grief she wants to get, but this is not new territory for her,” Schaff said. “(The presidential campaign) wouldn’t be during the legislative session, and state government has a certain inertia that allows things to keep running.”

State Rep. Tony Venhuizen, a Sioux Falls Republican and former chief of staff to Noem and former Gov. Dennis Daugaard, said the “continuous absence” clause in the state constitution was necessary before the advent of smartphones and Zoom meetings.

“There are a lot of things you can do remotely, but there are time considerations,” said Venhuizen, who attended the town hall in Mitchell. “I think most people understand that if you’re running for vice president, you’re going to be on the road a lot. There would have to be some practical considerations of who’s covering some of the duties and when.”

Five states have “resign to run” laws to prevent elected officials from neglecting state duties or using public resources while running for another office. South Dakota is not one of them.

Florida’s Republican-dominated Legislature added an exemption for presidential and vice-presidential campaigns in April 2023, before Gov. Ron DeSantis began his unsuccessful run for the White House.

The last sitting governor to run for vice president on a major ticket was Mike Pence of Indiana, who was running for re-election when he was selected as Trump’s running mate in July 2016. Pence withdrew from the gubernatorial race and endorsed Lt. Gov. Eric Holcomb as the GOP nominee.

Trump/Pence and Holcomb both won, but Pence opted not to resign and stayed in office until Holcomb was sworn in on Jan. 9, 2017, vowing to “serve Hoosiers until the very last hour.”

First-term Alaska Gov. Sarah Palin was a surprise selection as the 2008 running mate to GOP presidential nominee John McCain, who lost to Barack Obama. Palin remained in office during the tumultuous campaign and returned to Alaska after the defeat with a much-expanded national profile.

She resigned in July 2009 with 18 months left in her term, citing the pressure and financial burden of a flood of in-state ethics complaints against her.

Rhoden has been a steady presence during Noem’s often turbulent time in office, marked by five different chiefs of staff and no one currently in that role. The administration has seen higher-than-normal turnover among Cabinet positions and executive staff.

The 65-year-old Rhoden, a former South Dakota House majority leader whose legislative experience stretches back more than two decades, is viewed as a stabilizing force by lawmakers such as Republican state Sen. Lee Schoenbeck of Watertown. “If I have any questions, I contact Larry,” he told News Watch in 2023.

At the Mitchell town hall, Noem credited Rhoden with helping her learn the ropes as a rookie legislator in Pierre in 2007, something she kept in mind when it came time to choose a running mate for her 2018 gubernatorial run.

“Because I was a farmer and rancher, I was advised to choose a businessman from Sioux Falls,” Noem told attendees. “So instead, I chose a rancher from West River. I trust his instincts and values. He loves the Lord and loves his family. I knew that if I got killed the next day, he’d run this state exactly as I would, and that was important to me.”

Rhoden is viewed as a likely candidate for governor in 2026, which would mean a highly competitive GOP primary battle against U.S. Rep. Dusty Johnson and possibly Attorney General Marty Jackley, among other candidates.

Rhoden could be an incumbent at that point if a Trump/Noem ticket gains the White House. Noem would likely resign as governor after the Nov. 5 election – well before the presidential inauguration on Jan. 20, 2025 – to allow Rhoden to start preparing for his budget address and the legislative session.

“It would make sense to have that handover take place before the session started,” said Venhuizen.

Even more tangible than Noem VP speculation is the possibility that South Dakota Republican U.S. Sen. John Thune will be voted by his peers as Senate Leader in December, taking the reins after nearly two decades from Kentucky’s Mitch McConnell.

“It would be the most influence South Dakota has ever had in Washington,” Venhuizen said of the possibility of having Noem as vice president and Thune as Senate Republican leader, in the majority or minority depending on the election.

Former South Dakota Democratic U.S. Sen. Tom Daschle served as both minority leader and majority leader in the Senate before being ousted by Thune in a landmark 2004 election.

Thune, the No. 2 Republican in the Senate as minority whip, has met with GOP colleagues privately and is viewed by Washington insiders as the favorite to win the job in a secret ballot over U.S. Sen. John Cornyn of Texas, though other contenders could emerge.

Thune criticized Trump after the Jan. 6, 2021, attack on the U.S. Capitol and called for him to withdraw his 2016 candidacy following the release of a 2005 Access Hollywood tape of Trump having a lewd conversation about sexual mistreatment of women.

Yet Thune twice voted against impeachment and endorsed the former president last month, a nod to the reality of procuring power in a Make America Great Again-fueled Republican Party.

While the 63-year-old Thune has been building up to the role of Senate leader for more than a decade, Noem’s rise to the level of White House hopeful is a more recent phenomenon.

She started off as a Trump critic while serving in Congress, saying in an interview with Yankton’s WNAX radio in late 2015 that “he’s not my candidate” and calling Trump’s comments about banning Muslims “un-American.” In a separate interview looking ahead to the 2016 Iowa Caucuses, Noem said of Trump’s sizable lead in the polls: “I look at the candidates who are running and think, ‘Who do I want in the room when we’re negotiating with Iran?’ It’s not going to be Donald Trump. His principles and values don’t align with mine, and his offensive nature wouldn’t serve us very well in the presidency.”

Noem softened that stance when Trump became the 2016 nominee and defeated Hillary Clinton to win the White House. When Noem became governor and publicly derided COVID restrictions after initially supporting them, she and Trump became more politically connected.

Noem’s national profile and status within Trump’s orbit surged in the summer of 2020, leading to his visit to Mount Rushmore for July 4 festivities and her speaking slot at the Republican National Convention in Washington.

When he lost to Biden that year but decided to run again in 2024, Noem decided that her best path was not challenging him for the nomination but rather remaining a strong supporter and perhaps going along for the ride.

“She started to see her ticket to national prominence as a vice presidential nominee,” said Schaff. “Because Trump already served a term, he can only constitutionally serve one more term as president. So, if he wins, you will have to think that the person serving as vice president becomes his heir apparent.”

So, will Trump actually pick Noem as his running mate?

It would be much less surprising than McCain’s choice of Palin in 2008, since Trump and Noem are already aligned in many ways and Noem is more politically seasoned than Palin.

The question is whether she helps the ticket strategically, since featuring Noem – who is more conservative than Trump on issues such as abortion and same-sex marriage – doesn’t appeal to the type of moderate suburban voter needed to win.

“The traditional view is that you choose a running mate to broaden your appeal or improve your chances in the general election,” said Michael Card, an emeritus professor of political science at the University of South Dakota in Vermillion. “So, it’s either picking someone very different from yourself or someone very similar. Mike Pence was needed (in 2016) to shore up the evangelical vote. But Trump doesn’t need that as much because Christian nationalists generally appreciated the policies put forward by his administration or confirmed by the Supreme Court.”

Another factor is whether the VP nominee can withstand the heat of the campaign and not make mistakes that harm the ticket.

Noem sparked national headlines for posting an infomercial video for a Texas cosmetic dental office on her personal social media channels on March 11, which drew a lawsuit from a nonpartisan consumer group and questions about her ethical judgment.

As of March 17, Noem is no longer listed as the betting favorite to get the vice-presidential nod, falling behind South Carolina’s Scott but still ahead of Stefanik, Gabbard and Ramaswamy.

In the end, though, there is just one person that South Dakota’s governor needs to persuade, and Trump likes those who can handle the glare. Noem has done more mainstream TV interviews recently to answer critics who said she is more suited to “preaching to the choir” on conservative outlets such as Fox News.

“There are few politicians as good as Kristi Noem at sticking to the script,” Card said. “If the script is well-presented and especially if she has a friendly audience, which doesn’t necessarily mean a debate audience, she does very well.”

As the audition continues, so will the chances to expand those expectations.