Posted on April 25, 2018

The Supreme Court of South Dakota reappointed Jack Hieb to his third term as a member of South Dakota’s Board of Bar Examiners, to serve through December 31, 2020.  He recently attended the National Council of Bar Examiners conference in Philadelphia, PA.  The conference is held annually to allow examiners and Supreme Court justices from all jurisdictions to assemble and discuss current issues relevant to admission to the various bars throughout our country.

Posted on January 26, 2018

Jack Hieb and Zachary Peterson prevailed on an appeal to the South Dakota Supreme Court in a case in which they defended Meade County.  The City of Sturgis and others challenged the order of the Meade County Board of County Commissioners approving incorporation of the proposed municipality of Buffalo Chip City, South Dakota.

An election for voters to decide whether to assent to incorporation was held in May 2015, and the voters approved the creation of the new city. The circuit court rejected Meade County’s requests to dismiss the case, and issued a judgment declaring that Meade County’s order was invalid, that the election was a nullity, and that consequently, Buffalo Chip City was void. On appeal, the South Dakota Supreme Court reversed the circuit court and vacated its judgment. The Court ruled that the City of Sturgis and the other appealing parties lacked standing to challenge the organization of an acting municipality after the election took place; rather, that is an action that can only be pursued by the State of South Dakota.

Read the Court’s decision here.

Posted on December 27, 2017

I have expanded my practice and am now offering mediation services in the area of family law.

I completed 40 hours of mediation training in July 2016.   I believe my mediation training, as well as my participation in many successful mediations, my experience as a family law attorney, and everyday experience as a spouse and a parent give me the skills to effectively mediate your client’s disputes.

They are several mediation techniques; however, I do not believe mediation is a one size fits all. In my experience, I find that a combination of facilitative and evaluative techniques work best in family law matters.  I do not believe it is my job as the mediator to tell the parties what to do or recommend a particular outcome; instead it is to facilitate negotiations between the parties and, using a more evaluative approach, point out the strengths and weakness of one’s case and analyze the costs versus benefits of proceeding to court.  The primary goal is to assist the parties in reaching an agreement that is to their mutual satisfaction.

I hope you will consider my services and allow me the opportunity to assist you and your clients with your mediation needs.

Stacy M. Johnson

Posted on August 28, 2017

Roy A. Wise has been recently named to the 24th Edition of The Best Lawyers in America in the practice area of Personal Injury Litigation – Defendants.  Selection to Best Lawyers is based on an exhaustive and rigorous peer-review survey comprising more than three million confidential evaluations by top attorneys.  Congratulations to Mr. Wise for being included for more than 15 years!

Posted on August 2, 2017

Tax Court Case Proves Good Intentions Can Have Bad Results

A recent U.S. Tax Court decision illustrates the sometimes limited value of “good intentions.” In Summers, TC Memo 2017-125, a young couple decided to save money and amicably work out their own divorce agreement without obtaining tax or legal advice. Learn more about how this ended up being a costly mistake.

http://www.eidebailly.com/insights/articles/2017/7/tax-court-case-proves-good-intentions-can-have-bad-results

 

 

Posted on June 8, 2017

Kimberly A. Dorsett recently attended the 2017 Upper Midwest Employment Law Institute. The Upper Midwest Employment Law Institute is the preeminent conference for employment lawyers and offers continuing education that is critical to the practice of employment law.

 

 

Posted on March 6, 2017

1889 – First Supreme Court in Session in Old Hughes County Courthouse, Left to right: Clerk Ivan W Goodne; Judge Alphonso G. Keliam; Presiding Judge Dighton Corson; and Judge John E. Bennett.

The South Dakota Supreme Court celebrated its 125th Anniversary in 2014.  The five then-current Justices and former Justices still living gave personal interviews as the start of an oral history project for the benefit of ours and future generations.  A handful of veteran attorneys were also interviewed to provide a history of our state bar.

The project includes a video tour of private areas of the courthouse, as well as reviews of former Justices who were no longer with us when the project launched.  The Honorable Mildred Ramynke is one of the highlights of the project, the first female District County Judge, Circuit Judge, Presiding Circuit Judge, and first woman to sit on the Supreme Court by designation.

2015 Justices of the Supreme Court, (L to R): Hon. Lori S. Wilbur (Sioux Falls, 4th District); Hon. Steven L. Zinter (Pierre, 3rd District); Hon. David Gilbertson, Chief Justice (Lake City, 5th District); Hon. Glen W. Severson (Sioux Falls, 2nd District); Hon. Janine M. Kern (Rapid City, 1st District).

The project holds more than 70 hours of video and other materials, which can be found at the project’s website.  The complete interviews can be found on the South Dakota Oral History Center’s website, (courtesy of the University of South Dakota).

Posted on June 14, 2016

On May 24th and 25th, 2016, a federal jury trial was held in Aberdeen, South Dakota, alleging that a Little Eagle, SD man had assaulted another individual. The Honorable Charles B. Kornmann presided over the two day jury trial.

The charge stemmed from an incident which occurred in January 2014, when Mr. Finer’s client allegedly assaulted a male acquaintance with a glass bottle.

Following the close of evidence, the jury found Mr. Finer’s client NOT GUILTY of Aggravated Assault, as well as NOT GUILTY of the lesser included crime of Simple Assault. Mr. Finer’s client was released from federal custody immediately following the trial after spending roughly 8 months in jail.

Posted on March 31, 2016

Jack Hieb and Zachary Peterson successfully defended a lengthy and contentious will contest, which was finally put to rest by today’s unanimous decision of the South Dakota Supreme Court.  The Court rejected all of the challenging party’s arguments and affirmed the circuit court on all issues relating to the probate of the estate and the distribution of the decedent’s assets under the testamentary documents.  The Court also granted appellate attorney’s fees in the amount of $2,000.   The decision is available here:  http://ujs.sd.gov/uploads/sc/opinions/27451.pdf.

 

Posted on February 11, 2016

Kimberly A. Dorsett successfully defended an appeal to the South Dakota Supreme Court on behalf of the Elders, Directors, and Officers of Dove Christian Center, Inc, et al. In the case of Tim Knudtson v. Elders, Directors, and Officers of Dove Christian Enter, and Timothy Stuen Ministries, Inc., and Bible Living Ministries, Inc., and Christian Alliance Ministries, Inc., and Rushmore Fire Protection, Inc. and Cherished Chocolate Foundations, the plaintiff asserted various claims relating to defamation, intentional infliction of emotional distress and conversion. Pursuant to a Motion to Dismiss and a subsequent Motion for Summary Judgment filed by the defendants, the trial court rejected all of the plaintiff’s claims and dismissed the lawsuit. The trial court’s rulings upon the motions were recently affirmed by the South Dakota Supreme Court.