South Dakota Attorney General
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The Attorney General of South Dakota is the
state attorney general The state attorney general in each of the 50 U.S. states, of the federal district, or of any of the territories is the chief legal advisor to the state government and the state's chief law enforcement officer. In some states, the attorney gener ...
of the
U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sove ...
of
South Dakota South Dakota (; Sioux: , ) is a U.S. state in the North Central region of the United States. It is also part of the Great Plains. South Dakota is named after the Lakota and Dakota Sioux Native American tribes, who comprise a large porti ...
. The attorney general is elected by popular vote to a four-year term and holds an executive position as the state's
chief legal officer A general counsel, also known as chief counsel or chief legal officer (CLO), is the chief in-house lawyer for a company or a governmental department. In a company, the person holding the position typically reports directly to the CEO, and their ...
. In 1992, the voters approved a Constitutional Amendment to limit all constitutional officers and the governor to two consecutive four year terms.


Structure of the office

The South Dakota Attorney General's Office represents and provides
legal advice Legal advice is the giving of a professional or formal opinion regarding the substance or procedure of the law in relation to a particular factual situation. The provision of legal advice will often involve analyzing a set of facts and advising a ...
to agencies, boards, and commissions of the
government of South Dakota The structure of the Government of South Dakota is based on that of the federal government, with three branches of government: executive, legislative, and judicial. The structure of the state government is laid out in the Constitution of South Dak ...
. The office represents the state in
state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States * ''Our S ...
and federal court, as well as in
administrative Administration may refer to: Management of organizations * Management, the act of directing people towards accomplishing a goal ** Administrative Assistant, traditionally known as a Secretary, or also known as an administrative officer, administ ...
adjudication Adjudication is the legal process by which an arbiter or judge reviews evidence and argumentation, including legal reasoning set forth by opposing parties or litigants, to come to a decision which determines rights and obligations between the p ...
and rulemaking hearings. The office handles
felony A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
criminal appeals, advises local
prosecutors A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the ...
in the conduct of criminal
trials In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribun ...
and handles cases at the request of local prosecutors. In addition, the office issues formal
opinions An opinion is a judgment, viewpoint, or statement that is not conclusive, rather than facts, which are true statements. Definition A given opinion may deal with subjective matters in which there is no conclusive finding, or it may deal with ...
interpreting statutes for the agencies and political subdivisions of the state.


History

Within South Dakota, the office of attorney general is often considered a stepping stone to the office of
governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
. Six attorneys general Coe I. Crawford (won 1904 & 1906),
Merrell Q. Sharpe Merrell Quentin Sharpe (January 11, 1888 – January 22, 1962) was an American politician from Kennebec, South Dakota. Affiliated with the Republican Party, Sharpe was the attorney general of South Dakota from 1929 through 1933, and governor of S ...
(won 1942 & 1944; lost 1946),
George Theodore Mickelson George Theodore Mickelson (July 23, 1903 – February 28, 1965) was an American lawyer, 16th Attorney General of South Dakota and 18th Governor of South Dakota, and a United States district judge of the United States District Court for the Distri ...
(won 1946 & 1948),
Sigurd Anderson Sigurd Anderson (January 22, 1904December 21, 1990) was the 19th Governor of South Dakota. Anderson, a Republican from Webster, South Dakota, served in that office from 1951 to 1955. Early life and education Anderson was born at Frolands Ver ...
(won 1950 & 1952; lost 1964), Frank Farrar (won 1968; lost 1970) and Bill Janklow (won 1978, 1982, 1994 & 1998) have each been elected governor. While six others, Robert Dollard (lost 1892), Mark Barnett (lost 2002), Buell Jones (lost 1928), Leo Temmey (lost 1942), Phil Saunders (lost 1958), and
Marty Jackley Martin J. Jackley (born October 13, 1970) is an American attorney and politician who is currently serving as the Attorney General of South Dakota since 2023, having previously served from 2009 to 2019. He assumed office as Attorney General again ...
(lost 2018), have run for governor unsuccessfully. Attorneys General and former Attorneys General have a record of 13 wins and 9 losses in running for Governor. A graduate of the
University of South Dakota School of Law The University of South Dakota School of Law also known as University of South Dakota Knudson School of Law or USD Law in Vermillion, South Dakota, United States, is a professional school of the University of South Dakota and the only law school in ...
had held the office of Attorney General from 1959 until 2022. South Dakota has the second longest streak of Republican Attorneys General in the country, dating back to 1975 (Nebraska has had Republican Attorneys General since 1951).


List of attorneys general

;Parties


Elections

The voters of the
U.S. State In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sove ...
of
South Dakota South Dakota (; Sioux: , ) is a U.S. state in the North Central region of the United States. It is also part of the Great Plains. South Dakota is named after the Lakota and Dakota Sioux Native American tribes, who comprise a large porti ...
elect an attorney general for a four-year term. The winning candidate is shown in bold.


See also

*
United States Attorney for the District of South Dakota The United States Attorney for the District of South Dakota is the United States Attorney responsible for representing the federal government in the United States District Court for the District of South Dakota. By statute, the U.S. Attorney is re ...
*
South Dakota Supreme Court The South Dakota Supreme Court is the highest court in the state of South Dakota. It is composed of a chief justice and four associate justices appointed by the governor. One justice is selected from each of five geographic appointment districts ...
*
University of South Dakota School of Law The University of South Dakota School of Law also known as University of South Dakota Knudson School of Law or USD Law in Vermillion, South Dakota, United States, is a professional school of the University of South Dakota and the only law school in ...
*
Attorney General of Minnesota The attorney general of Minnesota is a constitutional officer in the executive branch of the U.S. State of Minnesota. Thirty individuals have held the office of Attorney General since statehood. The incumbent is Keith Ellison, a DFLer. Election ...


References


External links


South Dakota Attorney General
official website
South Dakota Attorney General
articles at ''ABA Journal''

at FindLaw * ttp://law.justia.com/codes/south-dakota/ South Dakota Codified Lawsat Law.Justia.com
U.S. Supreme Court Opinions - "Cases with title containing: State of South Dakota"
at FindLaw
State Bar of South Dakota

South Dakota Attorney General Marty J. Jackley profile
at National Association of Attorneys General
Press releases
at South Dakota Attorney General {{South Dakota statewide elected officials *