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Posted on Thu, Jan. 05, 2006
Janklow's law license reinstatedCHET BROKAWAssociated PressPIERRE, S.D. - Bill Janklow, a former congressman and four-term governor, can return to the practice of law on Feb. 15, the South Dakota Supreme Court ruled Thursday.
The 4-1 decision, made by a substitute high court of five circuit judges appointed to handle the case, means Janklow will be reinstated to practice law about a year before his probation ends for second-degree manslaughter and other offenses related to an August 2003 crash that killed a motorcycle driver.
Janklow declined to comment on the ruling when reached by telephone Thursday morning. "It wouldn't be appropriate for me to say anything when I haven't read it," he said.
Later, he told the Black Hills Pioneer he was elated that he will once again practice law in South Dakota.
"I love doing it, and I've been pretty good at doing it. I look forward to going back to doing what the good Lord gave me the talent to do," Janklow said.
Janklow's law license was automatically suspended after a jury in December 2003 found him guilty of second-degree manslaughter for killing Randy Scott, 55, of Hardwick, Minn. Scott's motorcycle collided with a car Janklow was driving near Trent, north of Sioux Falls.
Janklow, 66, also was found guilty of speeding, running a stop sign and reckless driving. He resigned his seat in Congress effective Jan. 20, 2004, just a year after he took office as South Dakota's lone member of the U.S. House.
The Supreme Court said the return of Janklow's law license poses no threat to the public because his convictions were not related to the practice of law and did not involve fraud, deceit or dishonesty. There also is no need to suspend Janklow's law license any longer to protect the integrity and image of the legal profession, the justices said.
"While there are public concerns regarding Janklow's driving, there was no evidence presented to suggest that the public needs protection from Janklow's conduct as an attorney," Judge Glen Severson wrote for the high court.
"Janklow has had a long and distinguished career as an attorney. He is widely regarded as a skilled lawyer. There is no evidence to suggest that he would be a threat to his clients or to the public if allowed to return to the practice of law," Severson wrote.
Circuit Judge Arthur Rusch of Vermillion dissented, saying he believes Janklow's law license should not be returned until his three-year probation in the criminal case ends in early 2007. The judge who handled Janklow's trial also had recommended that Janklow not be reinstated until completing probation.
After a jury convicted Janklow, Circuit Judge Rodney Steele of Brookings gave Janklow a suspended imposition of sentence, which means the manslaughter conviction will be erased if he complies with the terms of his three-year probation. He also served 100 days in jail as part of the sentence.
Janklow is barred from driving while on probation.
The Supreme Court's decision agrees with a recommendation by the State Bar's Disciplinary Board. The board found that Janklow's conduct reflected indifference to traffic laws and a disregard for the results and risks of that behavior. But it also reported that he has a history of representing poor people and would continue to do so if allowed to resume work as a licensed lawyer.
The high court said returning Janklow's law license on Feb. 15 will mean he was suspended for 26 months, an appropriate term consistent with previous cases in South Dakota and other states.
The majority opinion noted that while trial evidence showed Janklow had numerous speeding incidents and other traffic violations, he was convicted for acting recklessly, not for an intentional act.
In his dissent, Rusch said he agrees the public does not need protection from Janklow because there is no risk of fraud, incompetence or unethical behavior. However, Janklow should remain suspended for a longer time to preserve the image and integrity of the legal profession, Rusch said.
Rusch noted that Janklow is the most well-known lawyer in South Dakota because he was attorney general in 1975-1979, governor in 1979-1987 and 1995-2003, and a member of Congress for about a year. Janklow's prominence means his arrest and convictions have caused more harm to the public's image of the legal profession, the judge said.
Rusch noted that few South Dakota lawyers have been suspended for as long as three years, but none of the prior cases involved lawyers as prominent as Janklow.
"Because of his public positions, Janklow's violations of the law did more to lessen respect for the law and public confidence in the legal profession. This justifies dealing with him more harshly than others were dealt with," Rusch wrote.
At a Supreme Court hearing in October, Janklow said he has never knowingly violated any of the legal rules that governor lawyers' conduct and wants to return to practicing law.
"Every day I understand that somebody died in a traffic accident. I don't think it affects my ability to be a lawyer," Janklow told the justices at the end of the hearing. "I can just tell you that I'm sorry for what happened, and I think people understand that. On the other hand, I've enjoyed being a lawyer. I like practicing law."
Five circuit judges were appointed to serve as substitute Supreme Court justices in Janklow's case. All members of the state's highest court had disqualified themselves from hearing the case because he appointed four of them to the high court when he was governor and he appointed the fifth earlier as a circuit judge.
Marcella Scott, Randy Scott's mother, said she heard the news on the radio Thursday morning but decided to keep up her practice of not commenting on the case.
"It was just a surprise here," she said. "It's just something I haven't got closure with, either. I just want to go with no comment."
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