The 4th Judicial Circuit: Fewer Lawyers, Bigger Questions
by Roger Baron

On August 26, 2026, the UJS held public meetings in Rapid City, Sturgis, and Lemmon to discuss the proposed merger of the 4^th and 7^th Judicial Circuits.  Issues related to the efficient allocation and distribution of judicial resources, as well as the practical ramifications of a merger, were the focal points of discussion.  These discussions bring to the forefront an issue that has long plagued our State: the delivery of legal services in rural South Dakota.

Diminishing Active Bar Members

For this column, I manually counted the active South Dakota Bar members listed by city in the State Bar directories for 2017, 2018, 2021, 2024 and 2026.  I counted the lawyers listed in the cities that are encompassed within the 4^th Circuit.  The tally does not necessarily reflect of the number lawyers actually practicing law in each city – but it reflects the number of lawyers who have paid “Active Status” dues to the South Dakota State Bar and have listed a business address in the designated city.  The lists include judges and some other judicial personnel such as law clerks.  Moreover, lawyers who reside outside of the circuit are known to travel for cases venued in other counties and circuits. The same counting methodology, however, was applied consistently to each city and each directory.

According to the 2026 State Bar Directory, there are 2,068 active members of the South Dakota Bar – and only 68 of them reside within the 4^th Circuit.  And, this is a substantial decrease from 2017, where there were 94 active State Bar members in the 4^th Circuit – a decline of 26 members, or nearly 28%.  Furthermore, the eight counties comprising the 4th Circuit encompass approximately 19,063 square miles— about 25% of South Dakota’s total 77,116 square miles.

South Dakota Bar Admissions

Since 2015, there has been a parallel development related to the admission of new attorneys in South Dakota, as dictated by the South Dakota Board of Bar Examiners and the South Dakota Supreme Court.  In 2015, substantial (and controversial) rule changes amended the bar examination requirements for applicants seeking admission to practice law in South Dakota. These changes were unsuccessfully challenged in a 2018 hearing before the Supreme Court.  The changes were challenged again via legislative efforts in 2022 (Diploma Privilege bill) and 2026 (Apprenticeship bill).  Both efforts were defeated after the UJS actively opposed each proposal.

The following data, compiled by the Legislative Research Council, show the percentage of first-time USD Law School graduates who successfully passed the bar examination:

• 2015 (50%)
• 2016 (63%)
• 2017 (39%)
• 2018 (41%)
• 2019 (data not available)
• 2020 (52%)
• 2021 (71%)
• 2022 (53%)

South Dakota has long faced difficulties in providing legal services in rural areas. In support of her Apprenticeship Bill in 2026, Representative Mary Fitzgerald argued that the post-2015 bar examination system made the problem worse rather than better. Opponents disputed that proposition. Nonetheless, the Supreme Court itself previously recognized attorney recruitment and retention and service to rural and urban communities as concerns. The shortage of lawyers and legal services in rural areas is a real problem for our citizens. Whether diploma privilege, an apprenticeship pathway, the traditional bar examination, or some combination of approaches would solve it remains a matter of debate.

The 4th Circuit encompasses approximately one-quarter of the state’s area but contains only about 3% of its active South Dakota Bar members. The discussion over judicial resources and the proposed merger should also include discussion about the availability of lawyers to serve the people who use those courts.

Note: In regard to the preparation of this week’s column, the author would like to thank Attorney Sarah Baron Houy and Claudia Baron for their assistance and input.

Anyone desiring to communicate with the Author, may do so by sending an e-mail to the author at rogermbaron@gmail.com .

Maps and Table (shown here on three separate pages, with introductory language for each):

The 4^th Judicial Circuit comprises approximately 25% of the total area of South Dakota.

Cities and Counties in the 4^th and 7^th Judicial Circuits

 

 

In five directory years, the number of active Bar members listed in the 4th Circuit fell from 94 to 68.

 

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About the author: Retired Law Professor Baron provides prompt summaries of new appellate court decisions to more than 330 lawyers and judges in South Dakota. This Column is designed to provide readers with similar summaries, in non-legalese language, of relevant legal issues — as well as occasional opinion or two.

(This column also appears in the Rapid City Post: The 4th Judicial Circuit: Fewer Lawyers, Bigger Questions – The Rapid City Post)

There’s a good article out there today explaining what brought Secretary of State Monae Johnson around from having doubts about election security to endorsing the Democrat, Terrence Davis, who is now running for the election:

But once Johnson became responsible for running elections herself, her views started to change. By 2024, she was publicly expressing confidence in tabulators and saying South Dakota’s election system had safeguards “built in throughout the process.” And this summer, Johnson told Republican convention delegates, “I trust the county auditors to do their jobs, and I fully support the use of secure, tested ballot tabulators.”

Former Pennsylvania Secretary of State Kathy Boockvar, a Democrat, said she has seen the same evolution play out among poll workers and county officials: People sometimes get involved in elections because they are skeptical of how they work. Then they discover that the problems they expected to find are not there and that some of the fixes they imagined are not workable.

“It’s a brave thing to admit,” Boockvar said. She said she could not recall another example of a statewide election official doing so.

and..

Many of the activists who helped elect Johnson in 2022 remained unconvinced. This summer, they backed state Rep. Heather Baxter, whose campaign had called for hand-counted paper ballots and eliminating machines, for secretary of state instead.

and..

In explaining her endorsement, Johnson wrote that she now knows “the difference between campaigning for this office and carrying the responsibility of leading it.” The job, she wrote, requires “the humility to listen to professionals” and “a willingness to review new information and change course when the evidence supports doing so.”

Read the entire story here.

I think it’s important to recognize the importance of Secretary of State Johnson realizing that the extreme line of election paranoia that groups like SD Canvassing are trying to sell is only for the benefit of their organization. If we’re not led to be paranoid about election security, then they have no purpose, and the false prophets lose their ability to raise influence and to raise money.

Had a note from someone who was attending the Fall River County Republican dinner this weekend:

I didn’t know if you had heard – Jim Eschenbaum announced he is running for re-election as state party chair during the Fall River LDD last night.

That was not something I had heard. And it was not something I had expected.

It also really begs the question why does Jim Eschenbaum think he’s earned another chance at bat?

• The Republican party might be the most divided it has been in the last century. What has the chair done to bring the party together?
• Fundraising might be at the most abysmal level in modern history – in last FEC report, $20 was raised. Democrats raised over $24,000 in this period.
• When was the last state party sponsored event you heard of? Conventions don’t count. I’m talking actual events for fundraising or media attention.
• AI slop on Facebook has become the communication tool of choice. When was the last time the party issued a press release? (Hint, it was the chair facilitating an attack on Senator Thune)
• How many times has the chair attacked our statewide elected officials during his tenure?
• How much candidate assistance has the party provided under Eschenbaum? Has he reached out to help new candidates?
• How has the party promoted the GOP slate of candidates up and down the ticket? Besides occasional posting on facebook.
• Where is the SD Republican Party headquarters?  Because last I checked, there isn’t one anymore. Not in Pierre. Not in Sioux Falls.
• Does the SDGOP have actual employees at this point? There aren’t any “staff” noted on the website.

It really begs the question of what function the South Dakota Republican Party serves at this point? What has it become over the course of the last two years?

If the Republican State Central Committee truly believes that this is a direction that they’re happy with, then by all means they should return leadership to the hands of Eschenbaum, a former 32-year Democrat who claimed at the onset of his tenure that he didn’t “need any more money thrown to the state GOP.”  How has that worked for us?

But if party leaders think we can do better than the slow desiccation of the State Republican party that we’ve watched, one where fewer and fewer South Dakotans find commonality with, they should recruit someone to lead the organization back to functionality.

Freedom and Fresh Air
By: Gov. Larry Rhoden
September 25, 2026

There are many reasons to visit the Black Hills. The towering pillars of granite would be plenty enough on their own, and that’s before you factor in the amazing monuments of Mount Rushmore and Crazy Horse. But one of my favorite reasons to head for the hills happens once a year in late September: the Buffalo Roundup at Custer State Park.

Every year, a few dozen parks staff lead brave volunteers as we chase roughly 1,500 buffalo through the hills of Custer State Park. The thundering hooves, cracking whips, and the wild spirit of the American buffalo makes the tension thick enough to cut with a knife.

The spectacle is truly one-of-a-kind, and word has gotten out. Every year, 20,000 visitors join us to watch the display. We round up the herd so that we can tend to their health, brand the new calves, and auction off a portion to maintain the herd’s stability. And the visitors come from across the country and around the world. This brings South Dakota’s two biggest industries, agriculture and tourism, together.

Every year when I’m breathing in the crisp morning air at Custer State Park, I stop to think about what makes this event so special. I go back to our state’s western heritage. Most of us are descended from the homesteaders – or at least the tough few who were able to eke out a living on the untamed South Dakota prairie. Our state still reflects the American Wild West in many regards. Tourists come to Deadwood to get a glimpse into Wild Bill’s life, hike through the wilderness trails in the Black Hills, and swing through 1880 Town along the way.

I think there’s something about all those experiences that is so attractive to the 21^st Century traveler. In a world that is increasingly online, it’s nice to get our faces out of our phones for a few days and get back to our roots. And that’s why they keep coming back to South Dakota. My wife, Sandy, has made it her mission to get South Dakotans of all ages off their phones – and I know the phone-free fellowship that happened at the Buffalo Roundup this year made her proud.

Our state is the freest state in a nation founded on the principle of freedom. And those Wild West experiences hearken back to a day when our nation was just a bit freer.

The late September Buffalo Roundup marks somewhat of a conclusion to the annual tourism season – though the orange jacketed pheasant hunters will be here in just a few short weeks. But it does not mark the conclusion of what makes South Dakota special. Our freedom and fresh air remain a tremendous draw year round.

Moments like the Buffalo Roundup are both a great opportunity to take a break from the daily grind and remember why I do what I do: to keep South Dakota the greatest, freest state in America – and to keep our future strong, safe, and free.

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Democrats Just Say No
By Sen. John Thune

Soon after Republicans took control of Congress last year, it became clear that if we were going to accomplish anything for hardworking Americans, we would largely have to do it alone. There is always some partisanship in Congress, but Democrats took it to a new level since last year, and they have shown themselves to be completely out of step with the American people.

At the top of Republicans’ priority list for this Congress was preventing a massive tax hike that was set to hit working families this year – a tax hike that would have cost a typical South Dakota family $2,500. But Democrats weren’t interested in working with us, and every single Democrat in Congress voted against providing tax relief to the American people. They voted against no tax on tips and overtime, against cutting taxes for working people, and they even voted against an additional deduction for seniors and raising the child tax credit for working families.

Democrats have also opposed Republican-led efforts to reduce costs. They opposed our efforts to block a tax on natural gas that they imposed during the Biden administration, which would have contributed to higher household energy costs. They have also opposed legislation Republicans put forward to block Biden-era regulations that would have forced Americans into costly electric vehicles and raised the price of appliances. And just recently, they blocked progress on bringing down energy prices, including a bill to protect hardworking Americans from increased energy costs associated with data centers.

Democrats have said no to more money in Americans’ pockets, reducing energy costs, and even to funding the basic functions of the federal government. One year ago, Democrats shut down the entire government for 43 days over a nonpartisan spending bill. At the beginning of this year, Democrats reprised that playbook and shut down the Department of Homeland Security over their refusal to spend even one dollar on Border Patrol and immigration enforcement. What was once a fringe position in their party – defunding law enforcement – is now an article of faith among Democrats.

It’s clear that, for my Democrat colleagues, hardworking Americans take a backseat to their political agenda and opposing President Trump and Republicans. Democrats are blocking the farm bill and the annual defense bill, they opposed keeping men out of women’s sports, and they rejected bipartisan efforts to bring down energy costs. What will it take for Democrats to put the American people ahead of their political interests?

Despite the incredible amount of obstruction from Democrats in this Congress, Republicans have managed to accomplish a lot these past two years – from regulatory relief to a secure border and the Working Families Tax Cuts. We have more work to do, and we’ll continue our work this year and in the next as Republicans remain focused on making life better for working families.

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Investments in South Dakota’s Mail

BIG Update

Just two years ago, the United States Postal Service (USPS) wanted to decrease the Sioux Falls Post Office processing and distribution center’s operational capacity. This week, they responded to South Dakota’s calls for improved service and announced increased investments in the facility. These upgrades will mean most mail originating in South Dakota will be processed and handled in South Dakota. I’m glad the USPS recognized it makes more sense for South Dakota mail to be processed here, rather than in North Dakota, Nebraska, or Colorado. I’ve been pushing Postal Service leadership to take the concerns of South Dakotans seriously and I am encouraged by this announcement.

BIG Idea

Main Street businesses are the backbone of South Dakota communities—creating jobs, supporting families, and keeping our local economies strong. It was great to meet with the South Dakota Retailers Association to discuss the importance of supporting small businesses and ensuring they have the tools and opportunities to succeed. I was honored to receive the South Dakota Retailers’ Hero of Main Street Award for my work in Congress supporting local businesses. South Dakota’s small businesses are an important part of what makes our state special, and I’ll continue working to strengthen our economy and ensure Main Street businesses can grow, create jobs, and serve our communities for years to come.

Johnson with the South Dakota Retailers Association

BIG News

This week, President Trump met with Chinese President Xi Jinping in Washington, D.C. I’ve been vocal about my concerns with the Chinese Communist Party’s efforts to undermine American interests and values. As a member of the House Select Committee on China, I’ve pushed for fairer trade deals, stronger protections for our kids, and policies that ensure America remains competitive on the world stage. These meetings could yield positive deals for the United States, but we need to understand Chinese leadership is a real geopolitical threat to American interests.

 

Click here or the image above to watch Johnson’s conversation on CNN

NFIB Endorses Sen. Mike Rounds and Attorney General Marty Jackley for Election to Congress to Represent South Dakota
Rounds and Jackley have demonstrated strong support for small businesses

PIERRE, S.D. (Sept. 25, 2026) – The National Federation of Independent Business (NFIB), the nation’s leading small business advocacy organization, endorsed Sen. Mike Rounds for reelection to the U.S. Senate and Attorney General Marty Jackley (SD-At Large) for election to the U.S. House of Representatives to represent South Dakota.

“Senator Rounds and Attorney General Jackley are both staunch advocates for Main Street,” said Tim Nungesser, NFIB Regional Director. “South Dakota small businesses are the foundation of the state’s economy, and it is important to have strong leaders to represent them in Congress. We look forward to working with Senator Rounds and Attorney General Jackley to ensure that independent businesses in our state can continue to grow and create jobs.”

“We are proud to endorse Senator Rounds and Attorney General Jackley to represent South Dakota in Congress,” said Louis Bertolotti, NFIB Political Director. “They have each demonstrated a steadfast commitment to advancing small business interests, and they understand the issues that matter most to South Dakota owners. We look forward to working with them to build on last year’s great win of making the 20% Small Business Deduction permanent.”

The endorsement is issued from NFIB FedPAC, NFIB’s political action committee. NFIB FedPAC is funded by voluntary contributions by NFIB members over and above their membership dues. Decisions made by the NFIB FedPAC are managed by a member-driven grassroots evaluation.

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For over 80 years, NFIB has been advocating on behalf of America’s small and independent business owners, both in Washington, D.C., and in all 50 state capitals. NFIB is nonprofit, nonpartisan, and member-driven. Since our founding in 1943, NFIB has been exclusively dedicated to small and independent businesses, and remains so today. For more information, please visit nfib.com.

Coming off of his plea deal to get his rear-end out of a felony charge, today Heather Baxter is crowing about this endorsement from Travis Ismay.

Is a Tom Pischke endorsement coming next?

Former US Senate candidate Julian Beaudion didn’t hold much back in a post he just did on facebook in response to Brian Bengs getting in the face of someone who disagreed with the Nebraska candidate he appeared with..

What US Senate Candidate puts his finger in the face of a constituent?
What type of US Senate Candidate snaps his fingers in the face of a constituent?
Brian has shown me that when he isn’t in agreement, he shows that in anger.

and..

Brian is also the same person that told my wife and I the day after our house fire, “If you remain in this race, things will get worse for you.”

and..

Today I am saying this to you all.

BRIAN BENGS IS INCAPABLE OF BEING A US SENATOR AND I WILL NOT BE VOTING FOR BRIAN BENGS!

Read that here.

This is hot off the press.. Instead of running his own Indy/Liberal/Dem whatever race for US Senate,  Brian Bengs apparently feels the need to go to Washington DC to defend Nebraskan Dan Osborn who is doing the same thing:

A man came up and heckled Osborn, asked why he had called Nebraskans an expletive (this is a family X account)

Bengs stepped in between them https://t.co/rl3lbuLpOM

— Burgess Everett (@burgessev) September 24, 2026

Why Does Dan Osborn need to be defended by Bengs? It might have been something that Osborn said..

But in a newly released recording, Osborn appears to describe a very different strategy: Say what he needs to say to win a Republican-heavy state, then govern according to the positions he has kept off the campaign trail.

“I can go and I can be the voice for LGBTQ and immigration and all of these issues. Then I lose the election,” Osborn said in the recording obtained by Townhall. “It feels good in the moment. At the end of the day, I’m gonna win this election. And then I’ll be the senator for six years and everybody else can f-off.”

Read (and listen) to this here.

Strangely, this seems to feel familiar in the South Dakota US Senate Race, where Bengs appears to be shifting his platform on things he was running on in the last election.

Here’s more of the video..

The person who was questioning Bengs was apparently displeased over Osborne referring to Nebraskans in less than Senatorial language.

This whole episode is weird, because it seems to have Bengs declaring he wants to be part of a third-party caucus along with the other two characters. And then going after someone who questioned him.