Marty Jackley Returns to Gunderson, Palmer, Nelson & Ashmore, LLP
Current South Dakota Attorney General to rejoin law firm as partner in January 2019

Rapid City, South Dakota: Gunderson, Palmer, Nelson & Ashmore, LLP is pleased to announce Marty Jackley’s plans to return to the firm in January 2019. Jackley, is the current Attorney General of South Dakota, a former United States Attorney for South Dakota, former Special Assistant Attorney General for South Dakota, and a former partner at Gunderson, Palmer, Nelson & Ashmore, LLP. In 2008, Jackley was named the South Dakota Prosecutor of the Year by the South Dakota State’s Attorneys Association; and, in 2016, he was named the National Attorney General of the Year by the National Association of Attorneys General. Jackley was endorsed by all 66 South Dakota State’s Attorneys in the 2014 election, has served as president of the National Association of Attorneys General, and chairman of the Conference of Western Attorneys General.

In 2018 Jackley successfully argued before the Supreme Court of the United States in South Dakota v. Wayfair to give main street businesses across South Dakota and the nation a level playing field. He has extensive trial and appellate experience, and brings with him a wealth of knowledge and legal expertise.

Jackley received his Bachelor of Science Degree in Electrical Engineering from South Dakota School of Mines in 1992, and his law degree from the University of South Dakota School of Law in 1995. After serving as a law clerk for the United States District Court for the District of South Dakota, he joined Gunderson, Palmer, Goodsell & Nelson, LLP; now known as Gunderson, Palmer, Nelson & Ashmore, LLP, leaving the firm in 2006 when nominated by President George W. Bush to be United States Attorney for the District of South Dakota. Jackley was unanimously confirmed by the U.S. Senate. While at the firm, Jackley’s practice areas focused primarily on: Civil and Business Litigation, Construction and Engineering Law, Environmental and Water Law, and Indian Law.

David Lust, current partner at the law firm stated, “We are thrilled to have Marty rejoin the law firm. Since leaving the firm he has distinguished himself in public service as an individual with high moral character, an incredible work ethic and as a legal talent in general. Marty will provide a great foundation for the expansion of GPNA into the Pierre area and will allow us to provide service to clients around the state.”

In January 2019, when Marty completes his tenure as the South Dakota Attorney General, he will rejoin the firm at its new Pierre location. Jackley stated, “It feels great to be returning to private practice at Gunderson Palmer. The firm’s amazing staff and attorneys have always focused on achieving results for the people we work with and the clients we serve. Returning to the firm will provide me the opportunity to continue what I enjoyed previously in private practice and in my time in public office, serving the people of this state.”

With over 45 years of providing a full range of legal services, Gunderson, Palmer, Nelson & Ashmore, LLP is one of South Dakota’s largest law firms in a multi-state region. Located in the historic Elks Building in downtown Rapid City, South Dakota, the firm has lawyers providing service in South Dakota, North Dakota, Nebraska, Wyoming and Montana. More information about the Gunderson, Palmer, Nelson & Ashmore, LLP may be found on www.gpna.com.

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From facebook, comes a little arrogance, and a lot of presumption.

So, apparently this happened last night.

In fact, they even went on television as part of the process:

They haven’t had a “lot of time to think?” Obviously.

The problems with the Lawrence County GOP making that selection? For starters, I’m hearing there are already hard feelings from those not picked, and there are already people questioning the legitimacy of the meeting.

I had people dropping me a notes last night concerned that the county sent out an e-mail last Friday calling a county central committee meeting without five business days’ notice. The point was questioning whether a selection can really be a selection if the meeting possibly was not done according to their bylaws? I’m told one person described it akin to watching an election in Venezuela.

And there’s the other part, which is really the only thing that matters. As noted in Article III, § 10 of the South Dakota Constitution.

§ 10.   Filling legislative vacancies. The Governor shall make appointments to fill such vacancies as may occur in either house of the Legislature.

Maybe something the Lawrence County group should have read up front. It’s not their choice to make. Whatsoever.

If after taking office, the Governor wants to appoint a Republican to the office, she can. If after taking office, Kristi wants to appoint an independent, she can.  I won’t go so far as to say if she wanted to appoint a duck, she could. But she has a stronger argument for her ability to appoint the duck, than the Lawrence County GOP has in their declaration of last night.

Under what presumption did they believe it was advisable to have a public folderol complete with media and facebook announcements to tell the Governor who the pick will be?  Are they also going to meet and offer their choice for Cabinet members?

If… and only if the Governor-elect asked for their opinion, at that time it might have been appropriate for them to meet and discuss, and provide a list of people that might be considered.

But the way they seem to have gone about it? Not so much.

Municipal officials apparently don’t care for elected officials use of hyperbole when it comes to telling people how much their utilities are going to cost them.

And over the past few days, Sioux Falls mayor Paul TenHaken has been trying to correct misinformation being spread by Councilor Theresa Stehly declaring that citizens will be paying $300 a month for sewer service:

“We got a $12 million payment a year — sorry, we’re going to up your payment to $300 a month,” she said last Tuesday while voicing concerns about how the city will pay for what would be the largest capital project in Sioux Falls history.

and…

The mayor on Friday scolded Stehly in an email sent to her, her colleagues on City Council, select city staff and members of the media.

“Unfortunately, this week you broke a sacred trust elected leaders have with their constituents,” the email read. “As elected officials we have an obligation to present factual information to the public. … Spreading such misinformation when factual projections have been presented to you is a disservice to your constituents and I’m disappointed you knowingly spread this false information.”

Read the entire article here.

Isn’t one “Lora Hubbel” enough for Sioux Falls?

From my mailbox, Governor Elect Kristi Noem is looking for some good people to work for South Dakota’s future:

Friend,

When I was running for governor, I made it clear that I have some big ideas to propel South Dakota into an even greater future. I’m committed to those, but I can’t do it alone.

That’s why I am working to recruit and retain the best and brightest to serve in our state government. We need good people who understand this role won’t be about them, but about producing real results for the people of South Dakota.

If you are passionate about South Dakota, you’re willing to tackle big things, and you’re ready for a career of innovation, I want to personally invite you to apply for my team.

Let’s shape the future of South Dakota together.

-Kristi

Democrat Nick “Man-bun” Weiland, who first ran for Sioux Falls Mayor before deciding to be schooled by Christine Erickson in last years’ Sioux Falls City Council race instead, is on Facebook today talking about how the Democrat Party on South Dakota is in decline, and how he’s ready to abandon the South Dakota Democrat Party unless they can “change all the old d’s:”

In the run up to 2020, do you think Democrats are going to find success by embracing a push to throw out all the old d’s, such as Alexandra Ocasio-Cortez does?

Or are they going to have to continue to seek success by pretending to be conservative, as Billie Sutton did?

Forever Thankful
By Sen. John Thune

There’s a lot of truth to the old saying that the days are long, but the years are short. It seems like just yesterday we were celebrating the last holiday season and time spent with family and friends. For me, as we approach this Thanksgiving – and, yes, Christmas is right the corner – it’s a good reminder that the list of things I’m thankful for gets longer each and every year, which is a blessing to be sure.

I’ve said it before, but I’ve always considered myself to be a lottery winner in that I was born in the greatest country on earth and that I’ve been able to raise my family in the land of the free and home of the brave. Family is everything to me, and the one Kimberley and I have built over the years has continued to grow. “Dad” will always be a title I’m proud of, but the joy of being a grandparent is hard to fully explain unless you are one yourself. If you are, you know exactly what I mean.

Speaking of grandparents, my dad Harold, who is now a great grandfather (several times over), will turn 99 years old this year. I’m grateful for the opportunity to be able to spend time with him and create new memories. My dad has seen a lot over the years, including during his days as a fighter pilot in World War II. A veteran himself, he still shows his support for fellow freedom fighters whenever he can, which is something I’ve always admired about him.

It would be hard to be thankful for anything we enjoy in this country if it wasn’t for the selfless sacrifice that our military men and women make on a daily basis, particularly around the holiday season. It’s impossible for those of us who’ve never served to fully understand what this kind of sacrifice truly means, because as most of us are sitting around the dinner table during the holidays, many members of the military are defending freedom on the opposite side of the globe.

Because of their sacrifice, I’m thankful to live in a place where, among many other things, I can freely express my faith in God, the guiding light that keeps me focused in life. I lean on the Lord’s wisdom and guidance in my personal and professional life, and His strength helps me every single day.

Faith, freedom, and family: The constants in my life for which I’m eternally grateful.

I’d be remiss if I didn’t also thank the people of South Dakota for having put their faith in me to serve them in the U.S. Senate. South Dakotans are my top advisors – the people who I count on to provide me with honest and straightforward advice that helps me be the best senator I can be for them and the state.

I’m also grateful to my colleagues in the Senate. They, too, offered me their faith by electing me to serve as majority whip for the next Congress, which begins in January. This new role will put me in a stronger position to give South Dakota’s issues the national attention they deserve, because when I have a seat at the leadership table, South Dakota has a seat at the leadership table.

As I mentioned, there’s a lot we can be thankful for this year and in the years to come. There’s no time like the present to reflect on it, so from my family to yours, I hope the blessings of the holiday season are upon you and your family now and in the weeks and months ahead.

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Gratitude and Tradition
By Governor-elect Kristi Noem

Thanksgiving is always an exciting time. Kitchens bustle in preparation for the big turkey dinner, TVs buzz with sounds of football, and families gather together. It’s a time for gratitude and a time for tradition – some of which are sincere and others a bit silly.

For decades, we’ve made it an American tradition to spare two turkeys from the Thanksgiving table through a presidential pardon.

For generations, South Dakota’s turkey producers have raised some of the world’s best turkeys, bringing millions of families together around the dinner table. And this year, it is two Huron-area turkeys that have been honored with the presidential pardon, giving us an opportunity to put South Dakota agriculture on display.

These two turkeys are one of about 5 million turkeys raised in South Dakota each year, the production of which causes ripple effects throughout our ag industry. In fact, turkeys consume around 51,000 tons of soybean meal a year, as well as thousands of bushels of corn.

This is the kind of production we need in South Dakota, which is why I plan to create a Blueprint for Agricultural Economic Development as Governor. With an annual economic impact of $25.6 billion, agriculture is South Dakota’s number one industry. In recent years, however, deflated commodity prices and various natural disasters have dealt a serious blow to the state’s ag economy.

More diversity in ag could help soften future blows, which is why our blueprint will look both at broadening opportunities for existing farms and ranches and helping identify and recruit our next ag-related growth industries.

Without question, it is exciting to see South Dakota agriculture up on the national stage. I am so grateful for the work our turkey producers, farmers, and ranchers put in to ensure our Thanksgiving tables can be filled. I’m thankful for the families and communities that come together this time of year and for the work of our armed forces to ensure we have the freedom to join in fellowship.

Happy Thanksgiving from my family to yours.

Thanksgiving; A Special Day to Share with Family and Friends
A column by Gov. Dennis Daugaard:

Back on the farm, we had a big dining room table that sat against one wall most of the year.

On Thanksgiving, Dad pulled that table out into the middle of the room. Mom covered it with the good tablecloth and set the good dishes. She crowded every square inch of the table’s surface with turkey and mashed potatoes and pumpkin pie, a real feast for our family to share after we gave thanks for the blessings we had enjoyed during the past year.

I’ll never forget how the aroma of fresh-baked pie and roast turkey wafted through the house. Whenever I think of Thanksgiving, I remember the warmth and coziness created by the sight and smells of Mom’s cooking. And I remember how happy I was to have that special day to share with my parents, my two sisters, and sometimes other family members.

Oh, sure, like any other kid, I liked the idea that Thanksgiving was a day when I could eat all the turkey I could hold and follow it up with pumpkin pie and whipped cream. But I also knew the sharing of our time was as important as the meal we ate together.

I don’t recall when I first saw the Norman Rockwell painting called “Freedom from Want.’’ You remember it, I’m sure. It shows a smiling family gathered around a table set with the good China, silverware and crystal. A gray-haired woman, still in her apron, holds a large, perfectly browned turkey on a tray. An older man in suit and tie stands ready to carve the turkey and pass the slices around. It’s one of Rockwell’s more famous works, and with a little imagination, minus the suit and tie, it could be a photograph of my family back on the farm. To me, the Rockwell painting says the food is just the excuse to get the family together to count shared blessings.

Rockwell painted that image in 1943, in the depths of World War II. Two years earlier, President Franklin D. Roosevelt had given an address that talked of the Four Freedoms – freedom of speech, freedom to worship, freedom from want and freedom from fear. Rockwell created paintings to represent each of those four freedoms.

Times were tough then. Across the country – across much of the globe – people were sharing the misery and the hard times, making do with what little they had, pulling together. Roosevelt told the American people that the Four Freedoms of which he spoke were “no vision of a distant millennium. It is a definite basis for a kind of world attainable in our own time and generation.’’

Well, we haven’t attained that vision yet. Men and women of good hearts continue to strive toward it, though. Women and men of courage and commitment continue to serve our country in the armed forces and in so many other ways. And here in South Dakota, we continue to see our people joining the military, volunteering after disasters, helping each other in ways too numerous to count. We see our fellow South Dakotans serving in any way they can, because we are a good people who recognize our blessings and who want to share our bounty with those less fortunate.

Linda and I wish all of you a Thanksgiving free from want and rich with the blessings of family and friends.

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South Dakota Democrat party chair Ann Tornberg is already on another “Ann-splaining” tour to try and claim that the massive Democrat party losses were somehow someone else’s fault, particularly that of Republicans:

So if a Democrat came so close to winning South Dakota’s top statewide office, why did other Democratic statewide candidates lose by such wide margins? Tornberg pointed to “negative” and “volatile” politics.

And…

She also said she thinks gerrymandering is partially to blame for Democrats’ losses.

And…

But there’s more to the equation than district lines. Even before South Dakotans hit the polls, only 29 percent register as Democrats in the first place, according to November state voter registration data. In comparison, 47 percent identify as Republican, and 23 percent as Independent or unaffiliated.

Jeff Barth, a Democratic Minnehaha County Commissioner and prominent member of party said he thinks this is somewhere where the state party has dropped the ball, saying, “There’s been no attempt to register voters.”

Read the entire story here.

So, according to the Democrat party chair.. their losses were because of “gerrymandering.”

Never mind the fact that fewer and fewer people want to be associated with her party.

(You can read Part 1 here.)

In 1990, South Dakota Democrats had focused on state legislative races in a manner which the South Dakota GOP was not prepared for at the time. Using postcards to target races, they hit many Republican incumbents hard with negative postcards at a time when they hadn’t been seen at that level.

While Republicans had a relatively free ride in the Gubernatorial contest with Bob Samuelson losing to George Mickelson 41 to 59%, Congressman Tim Johnson destroyed Don Frankenfeld, winning 68 to 32%.

That midterm election was a time of upheaval, when voters’ allegiances could be shifted.That started a sharp decline in legislative numbers for Republicans which culminated in 1992 when the GOP lost the State Senate, and for the first time in nearly 2 decades they found themselves relegated to the minority.

When faced with a nearly equal opportunity – a midterm election with a Republican in the White House, plus open seats in the Gubernatorial and Congressional contests, how did Democrats respond to the opportunity to move legislative seats in their direction?

They didn’t.  Once recruited, the Democrat Party seemingly abandoned legislative races. The Democrat party was fully staffed, but it’s unclear what they actually did.  One employee was running for statewide office themselves and received a donation from the Democrat Party for that effort, despite already being paid a salary.  In a year which should have been a bread and roses opportunity for Democrats to slice numbers off of the SDGOP’s commanding legislative totals, the Democrat Party sat on their hands.

For Republican legislative fortunes, don’t consider this election an easy one for the GOP. Maintaining their numbers in this unstable mid-term environment took hard work.

The GOP rose to the challenge, but is also brought to light some areas that Republicans need to watch in the 2020 election if they wish to keep a legislative supermajority in place.

What did Republicans learn from the legislative races this election?

Good candidates matter.  Since getting elected, Julie Bartling has always been able to move between legislative chambers at whim and has been a rare Democrat whom the GOP had given a berth to. Pro-life, and fairly popular in her District, no one wanted to tangle with her. But this year, the GOP had Rocky Blare.

Rocky was able to overturn a race that most Republicans had viewed as nigh-impossible, and not worth the attempt.  You also had Tamara St. John, who won a District 1 House seat for the GOP for the first time in over a decade or more.

Quality candidates who are engaged in the process win.

Hard working candidates matter.  It isn’t just enough to “be known.” Candidates have to get out and do the work.

Scyller Borglum who won in District 32 was a great example of this. Running for the legislature was something this doctoral candidate (at the time) always wanted to do, and she found herself with the opportunity. And she put 100% into it.  She went out and worked. She didn’t take anything for granted. She did the door to door. She did the fundraising. She did all the things that some who run for office don’t exactly find fun. But she did what needed to be done to win the race.

And there are many other examples, such as Caleb Finck in District 21, Rebecca Reimer in Chamberlain, Doug Post in Brookings, and the list goes on and on.   I hate to point out examples for fear of slighting anyone, because there were so many who got out and put in the work.

Early voting matters.  One of the things that the GOP did exceptionally well this election was a push in early voting. The State Republican Party drove a message out to their people through distributing tens of thousands of pieces of literature across the state, and reinforced the need for early voting throughout all of their messaging.

At the time when early voting was upon us, the party targeted top areas and blasted them with more early voting messaging.  After that they continued to expand efforts across the state at a time when Democrats did nothing.

Future success isn’t just about basic campaign techniques. It’s also about avoiding pitfalls, and to keep an eye on how we can improve.

What does the GOP need to watch for?

Sioux Falls. With a higher concentration of moderates, the Sioux Falls area seems to be getting to be more like larger cities in voting behaviors.  Statewide in the House, the GOP picked up 4 seats it didn’t have. But, the GOP exchanged them for five seats that it lost to Democrat candidates on election night.

Three of the seats the GOP lost were in the Sioux Falls area.

This could simply be related to the mid-term election, but historically, it has been an area where Democrats have been able to make inroads. As South Dakota has shifted to be redder and redder, Sioux Falls hasn’t necessarily gone that way.

It bears watching and will demand that the party recruit good and hard-working candidates to restore those seats to Republican leadership. And it might mean that more resources need to be shifted by the party as a whole to keep pace with the population.

Counties need to tend to business.  I can’t remember a time when even in the worst of years that Hughes County has gone as blue as it has.

Sure, Dems have had a rare seat or two in the Pierre centered legislative district in the last 40 years. But for it to go blue in not just one, but two top ticket races in a time when the GOP has a 100,000 vote advantage across the state is unheard of.  Additionally, there were other traditionally strong Republican areas such as Pennington County that required “triage” in the final month of the campaign (for lack of a better word) to get the troops marching in one direction.

You might refer to it as “mission creep,” defined as a project or mission that goes beyond its original goals, often after initial successes. County GOP Organizations need to remind themselves what they’re there for. They aren’t social clubs, or ideological discussion groups. They originally organized for the purpose of getting Republicans elected. Period.

As we move into 2020, we need to remember that.

Stay tuned for part 3