South Dakota Attorney General Marty Jackley has provided his guidance on public discussion regarding criminal cases involving state government agencies.
Attorney General Jackley last month (Oct. 21, 2024) met in executive session with the State Legislature’s Government Operations and Audit Committee. That committee had asked the Attorney General for guidance on public discussion of criminal investigations into the conduct of former employees of the State Department of Revenue and State Department of Social Services.
“Ethical Rules 3.6 and 3.8 are applicable to all attorneys in this state including the Attorney General, Attorney Legislators, and Attorney Secretaries. These rules specifically restrict ‘extrajudicial comment,’ which include legislative proceedings, that affect a defendant’s right to a fair trial or for the safety of law enforcement officers.
As Attorney General and as a prosecutor, these rules specifically allow me to make ‘statements that are necessary to inform the public of the nature and the extent of the prosecutor’s action and that serve a legitimate law enforcement purpose.’ It is further my opinion that the Legislature can seek general process information that will assist it in its oversight functions. It is an important oversight, and I trust that the lawyers involved can formulate questions on the process that will not affect any of the defendants’ right to a fair trial,” said Attorney General Jackley.
Attorney General Jackley said he is assisting Legislators with the cases as needed.
“It is my understanding that there is a level of disagreement on the subpoenas in relation to the Department of Revenue,” he said. “As Attorney General, I am assigning separate Assistant Attorneys General for the Legislature and the Department of Revenue to provide representation.”
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