Inside this issue. SDTLA Annual Meeting Lunch and Elections Thursday, June 19, :30 a.m. Sheraton Hotel Fontenelle Ballroom Sioux Falls

Transcription

1 M AY/JU N E I S S U E N O SDTLA Annual Meeting Lunch and Elections Thursday, June 19, :30 a.m. (Bar & Ballots available at 11:00 a.m.) Sheraton Hotel Fontenelle Ballroom Sioux Falls NOTICE: A member desiring to vote absentee may request an absentee ballot from the SDTLA office and must be returned to the SDTLA office postmarked not later than June 12, 2014 which is seven days prior to the annual meeting. Inside this issue. Collateral Consequences of Drug Convictions page 5 Driving with Dennis page 8 Election 2014 Candidate Profiles page 10 Fall Seminar Registration see page 19 Law School Times and much, much more.. SDTLA CALENDAR OF EVENTS 2014 June 18 June 19 July 17 August 14 September 25 September 26 Board Meeting at Bar Convention, Sioux Falls, 11 am Annual Meeting and Elections, Sheraton Sioux Falls Board Conference call, 11 am CT Board meeting, 11 am Holiday Inn Express, Vermillion 1L Event 1pm, USD Law School Courtroom Board meeting, Lodge of Deadwood Fall Seminar & Banquet, Lodge of Deadwood Fall seminar, 9 noon, Lodge of Deadwood

2 May/June 2014 Officers President: Stephanie E. Pochop President-Elect: G. Verne Goodsell Secretary-Treasurer: Steven C. Beardsley Board of Governors Timothy Rensch, AAJ Delegate Richard D. Casey, AAJ Delegate Clint Sargent, AAJ Governor Terrence R. Quinn, AAJ Governor Aaron D. Eiesland Casey W. Fideler Alecia E. Fuller Raleigh E. Hansman Margo Tschetter Julius Ryan Kolbeck Brad J. Lee Melissa B. Nicholson Kasey L. Olivier Robbie J. Rohl McLean Thompson Kerver T.J. Von Wald Past Presidents Immediate Past President Steven S. Siegel William J. Holland - Stan Siegel Joseph M. Butler - John H. Zimmer Carleton R. Hoy - Horace R. Jackson William F. Day Jr. - Vincent J. Protsch Gale E. Fisher - A. William Spiry Franklin J. Wallahan - Gerald L. Reade Rick Johnson - David V. Vrooman Terence R. Quinn - Thomas R. Pardy Charles M. Thompson - David R. Gienapp Gary E. Davis - Gregory A. Eiesland James S. Nelson - Robert J. Burns Brent A. Wilbur - Steven M. Johnson Glen H. Johnson - William J. Srstka Jr. Gary D. Jensen - John P. Blackburn Michael W. Day - Michael J. Schaffer Bruce M. Ford - Nancy J. Turbak Berry Scott Heidepriem Michael D. Stevens Robert L. Morris II - Richard D. Casey Jon Sogn Mark V. Meierhenry Brad Schreiber Jeff A. Larson Mark Connot Tina M. Hogue James Roby - Wally Eklund Michael F. Marlow - Clint Sargent Michael A. Wilson Roger A. Tellinghuisen Association Office 104 W Spring Creek Dr PO Box 1154 Pierre, SD P R E S I D E NT S MESSAGE. B Y S T E P H A N I E E. P O C H O P The SDTLA s Catching Fire CLE ignited true trial practice enthusiasm. You won t want to miss the next one in this brilliant series! -- May 2014 Barrister Thank you, thank you, thank you to everyone who presented, participated in and attended SDTLA s Catching Fire CLE Seminar. To the SDTLA Committee members who cast and produced an educational masterpiece: Bravo! And our Executive Director Sara Hartford deserves one more standing ovation for staging yet another SDTLA event where only the best stuff made the final cut. Here is why this event received a rating of stars: out of Page 2 It lived up to its billing. We selected the Catching Fire theme because we hoped to bypass burn-out, stoke up confidence and ignite passion for the demanding work that we do on behalf of our clients as trial lawyers. This program delivered. Judge Houwman and Judge Riepel explained how a compassionate idea developed from a low budget plan into the very successful Second Circuit s Drug and Alcohol Courts program. The Drug Court graduate who shared his experiences and perspective about why the Drug Court experience worked for him moved many of us to tears. I m not kidding: people were literally crying during a CLE presentation but in a good way. Proof that this presentation sparked a flame: many lawyers asked: How can I volunteer to become a mentor in the Drug and Alcohol Court program? SDTLA member Eric Schulte deserves a special billing --his real life story about how his experience as a volunteer mentor in the Drug Court program earned him a friend is truly inspiring. It featured an all-star cast. This CLE boasted a line-up of judges and experienced lawyers with real fire power from many different types of trial practice. There were no divas in this group: each presenter welcomed questions and was accessible for follow-up questions after his/her presentation. Each presenter offered practical advice as well as thoughtful suggestions about how to amp up creativity and perform better for our clients for both polished performers and those who feel not quite ready for prime time. Matrimonial law got some much-deserved time in the trial lawyer spotlight thanks to Linda Lea Viken, who brilliantly represents our trial bar on the national stage in the family law forum. It stuck with you after it was over. Ever wonder how you can tell if you have the right stuff to earn the SDTLA Trial Lawyer of the Year award? The Hon. Mark W. Bennett -- a dedicated student of both the law and exquisite trial practice -- described the eight common traits of trial lawyers who exercise true star power the courtroom. For an introspective evaluation of your own potential as a trial lawyer, you should definitely measure your grit level, a fascinating test that is easily accessible online with a simple grit test query. Arguably, one small measure of your grit level is if you actually take the time to complete and score the grit test. (Caveat: Continued on page 20 The Barrister is published electronically six times a year by the South Dakota Trial Lawyers Association as a service to its membership and as part of its continuing commitment to educate and promote professionalism among trial attorneys. Submissions are welcome. Interested authors should contact Sara Hartford, Executive Director at the above address. Articles are accepted from contributors who share the goals of the South Dakota Trial Lawyers. All submissions must be signed by the author. The Barrister is not responsible for cite-checking or reference checking materials cited in submissions. The author must verify that any sources included, relied upon or quoted in the submission have been properly credited and cited; the author must obtain all necessary permissions for publication of copyright protected materials. The Executive Director and Editor have the right to edit all submissions or refuse to publish articles that are not in keeping with the goals of the organization. Subscriptions of $25 are included in the Association s annual membership dues. Non-members subscription rate is $50 per year. Statements and opinions in the Barrister editorials and articles are not necessarily those of SDTLA. Publication of advertising does not imply endorsement of products or services or statements made about them. Advertising copy is subject to approval by SDTLA. Copy deadlines are February 1, April 1, June 1, August 1 October 1 and December 1. Call for advertising rates.

3 May/June 2014 Page 3 Scott A. Abdallah Michael C. Abourezk Charles Abourezk Grant G. Alvine Stephanie R. Amiotte Kenneth E. Barker Steven C. Beardsley John P. Blackburn Michael D. Bornitz John William Burke Michael J. Butler Renee H. Christensen J. Michael Dady Patrick K. Duffy Gregory A. Eiesland Aaron Eiesland Dennis W. Finch Jay R. Gellhaus G. Verne Goodsell Scott N. Heidepriem Scott G. Hoy John R. Hughes Gary D. Jensen Steven M. Johnson SUSTAINING MEMBERS George Johnson David J. King Jeff A. Larson James D. Leach Michael F. Marlow Lee C. 'Kit' McCahren Mark V. Meierhenry N. Dean Nasser James S. Nelson Stephanie E. Pochop Terence R. Quinn Timothy J. Rensch James C. Roby Michael K. Sabers Clint Sargent Steve S. Siegel Michael J. Simpson Michael D. Stevens Michael W. Strain Roger A. Tellinghuisen Thomas P. Tonner Nancy J. Turbak Berry TJ Von Wald Thomas K. Wilka Michael A. Wilson Sustaining members pay $700 in dues each year, which entitles them to attend the Association s annual fall seminar, the annual meeting and luncheon and a plaque denoting their sustaining membership status. Our gratitude goes to these members so that the association can continue to sustain funding for an on-going defense of the civil justice system! SDTLPAC is the political action committee of the SD Trial Lawyers Association. Organized in 1987, SDTLPAC contributes to any candidate for a state office who will support fair and equitable legislation to protect the rights of South Dakotans through the preservation of our justice system. WE THANK THESE CONTRIBUTORS FOR THEIR SUPPORT! $1,800 ANNUAL Michael F. Marlow Lee C. Kit McCahren Stephanie E. Pochop $1,200 ANNUAL Kenneth E. Barker John P. Blackburn Aaron D. Eiesland Gregory A. Eiesland Scott N. Heidepriem Clint Sargent Michael D. Stevens Roger A. Tellinghuisen $1000 ANNUAL Scott Hoy $900 ANNUAL Gary D. Jensen Nancy Turbak Berry $720 ANNUAL Michael A. Wilson $600 ANNUAL Terry L. Hofer Margo T. Julius Mark V. Meierhenry James C. Roby Michael J. Schaffer Whiting Hagg & Hagg $500 ANNUAL John W. Burke Courtney R. Clayborne Terry Pechota $480 ANNUAL Jon C. Sogn $300 ANNUAL Charles Abourezk Steven C. Beardsley G. Verne Goodsell Wm. Jason Groves Paul H. Linde Thomas Tobin $240 ANNUAL Richard D. Casey $200 ANNUAL Stephanie Amiotte $180 ANNUAL Brad J. Lee $150 ANNUAL Jeremiah Jay Davis $120 ANNUAL Kenneth D. Bertsch Daniel F. Duffy Richard A. Engels Dennis W. Finch Robert B. Frieberg Alecia E. Fuller George E. Grassby Ryan Kolbeck Michael Paulson Catherine V. Piersol Haven L. Stuck T. J. Von Wald LIFETIME ACHIEVEMENT AWARD Carleton Tex Hoy John F. Hagemann Robert C. Ulrich Fred J. Nichol Award for Outstanding Jurist Hon. Ernest W. Hertz 2000 Hon. Andrew W. Bogue Hon. John B. Jones 2002 Hon. George W. Wuest Hon. Marshall P. Young 2004 Hon. Robert A. Amundson 2005 Hon. Lawrence L. Piersol 2006 Hon. Richard W. Sabers 2007 Hon. Judith K. Meierhenry Hon. Tim D. Tucker 2009 Hon. David R. Gienapp Hon. Jack Von Wald 2011 Hon. John W. Bastian Hon. David Gilbertson TRIAL LAWYER OF THE YEAR AWARDS Terry Quinn Greg Eiesland Steve Johnson Glen Johnson Bob Burns Gary Jensen Joe Butler Mark Meierhenry Jeff Larson Nancy Turbak David Gienapp Rick Johnson Jim McMahon Mike Schaffer John Blackburn William F. Day, Jr Michael Abourezk Michael W. Strain Patrick Duffy Thomas G. Fritz Michael J. Butler Wally Eklund James D. Leach N. Dean Nasser, Jr Stanley Whiting Charles M. Thompson

4 May/June 2014 Page 4 TOAST OF TRIAL LAWYERS June 2006 Nancy Turbak T.F. Martin Travis Jones Michael Stevens June 2007 Roger Tellinghuisen Mike Butler Eric Schulte June 2008 Sid Strange Jerry Reade Jim Leach June 2009 Mike Abourezk Alecia Garcia Scott Heidepriem Shiloh MacNally Doug Cummings June 2010 Michael DeMersseman Hon. John Schlimgen Joni Cutler Margo Julius Scott Abdallah June 2011 Susan Sabers TJ Von Wald John Murphy Steve Siegel June 2012 John Blackburn Linda Lea Viken Hon. Mark Smith Ronald Parsons June 2013 Rep. Michael Stevens Hon. John Hinrichs Hon. Michelle Percy Clint Sargent McLean Thompson Kerver Eric C. Schulte Tim Rensch Stephanie Pochop Richard Casey Ryan Kolbeck EDITOR s Notes & Comments Marya V. Tellinghuisen We will sell no wine before its time. That was an advertising slogan back in the late 1970 s made famous by Orson Welles. I know our younger members weren t born yet; however, it was a pretty catchy slogan back in the day. The reason that slogan comes to mind is that I recently attended a National Conference of Bar Examiners in Seattle, Washington, and much of the conversation was about the need to change legal education, bar examinations and admission policies. Apparently, there is some thought about changing how law school is taught (a move towards more practical skills versus using the Socratic or case book method. There was a discussion of making law school education shorter (two years with no summer break rather than 3). And, there was a session highlighting New York s recent adoption of a rule requiring students requesting bar admission to complete 50 hours of pro bono work before they would be allowed to be sworn in. There was also conversation about how we need to get these recent law graduates out and working and being productive in the shortest time possible. And, finally the topic of decreasing the cost of law school was brought up. Many of these ideas are just in the infancy stage. And, some of them have been tried before. But I guess if I go back to my opening quote, my thoughts are that perhaps we are expecting too much from someone who just graduated from law school. The majority of law students begin law school upon graduating from their undergraduate studies. There are more non-traditional law students now but they are not the majority. That means that most law school graduates are around 25 years old when sitting for the bar exam. I personally think that like a fine wine, these new attorneys need time to age. I can t believe that anyone would suggest that a new surgeon should start doing surgeries on folks without having years of training. Likewise, a young attorney needs time to learn and put to practice the ideas which were taught in law school. In any event, change is on the horizon. In this issue, you will find a great article by Alecia Fuller on the collateral consequences of drug convictions. I think most of you will find the article a little surprising. We also have Stephanie s last president s page movie review style. I can honestly say that I cannot believe a year has already passed. Thank you Stephanie for your leadership and enthusiasm this last year. In our law school news you will see we have selected two new third year law students to be our liaisons at the law school next year. Thank you Kelsea K. Sutton for your work on our behalf and good luck in your new job working for the Johnson Pochop firm. On a final, sad note, on May 20 th we said a surprising goodbye to one of our faithful members, Dennis Finch. In August 1992, I packed up all of my possessions and moved to Rapid City to work for Finch Law Office. My memories of Dennis are that of a hardworking family man who was kind-hearted and willing to help anyone who was in need. Dennis was a quick study and knew worker s compensation law better than most. He was willing to testify on behalf of SDTLA worker s compensation bills. Most importantly, Dennis was a gentleman and a peach of a man. Mike Simpson has written a touching tribute to honor his friend and mentor, Dennis. I hope you enjoy reading it and may it make you think about throwing your jacket and tie in the back seat more often. Don t forget to RSVP for the annual meeting. See you all in Sioux Falls.

5 May/June 2014 Page 5 Collateral Consequences of Drug Convictions By Alecia Fuller Assistant Director Pennington County Public Defender Office I would start out this article with a plug for the Collateral Consequences of Criminal Prosecution in South Dakota: A Guide for Criminal Defense Practitioners (2012 Edition). This was drafted by the South Dakota Association of Criminal Defense Lawyers. It is a great initial resource for all collateral consequences and a must have for anyone doing criminal defense in South Dakota. I am summarizing/plagiarizing the Guide s information with regard to Drug Charges. I was asked by Marya to touch specifically upon collateral consequences of drug convictions. It is an important area considering the trend toward legalization in other states. Drug related convictions can result in collateral consequences of: civil liability, real and personal property forfeiture, child custody, immigration, civic participation, higher education and financial aid, right to travel, public benefits, employment consequences, housing consequences, and firearm possession (if felony or drug free zone violation). CIVIL LIABILTY SDCL 34-20C provides that drug dealers or drug users can be held civilly liable for injury resulting for another person s use of an illegal drug. PROPERTY FORFEITURE Personal Property 34-20B-70. Property subject to forfeiture. The following are subject to forfeiture and no property right exists in them: (1) All controlled drugs and substances and marijuana which have been manufactured, distributed, dispensed, or acquired in violation of the provisions of this chapter or chapter 22-42; (2) All raw materials, products, and equipment of any kind which are used or intended for use, in manufacturing, compounding, processing, importing, or exporting any controlled drug or substance or marijuana in violation of the provisions of this chapter or chapter 22-42; (3) All property which is used, or intended for use, as a container for property described in subdivisions (1) and (2); (4) All conveyances including aircraft, vehicles, or vessels, which transport, possess, or conceal, or which are used, or intended for use, to transport, or in any manner facilitate the transportation, sale, receipt, possession, or concealment of marijuana in excess of one-half pound or any quantity of any other property described in subdivision (1) or (2), except as provided in 34-20B-71 to 34-20B-73, inclusive. This subdivision includes those instances in which a conveyance transports, possesses or conceals marijuana or a controlled substance as described herein without the necessity of showing that the conveyance is specifically being used to transport, possess, or conceal or facilitate the transportation, possession, or concealment of marijuana or a controlled substance in aid of any other offense; (5) All books, records, and research, including formulas, microfilm, tapes, and data which are used, or intended for use, in violation of this chapter; (6) Any funds or other things of value used for the purposes of unlawfully purchasing, attempting to purchase, distributing, or attempting to distribute any controlled drug or substance or marijuana; (7) Any assets, interest, profits, income, and proceeds acquired or derived from the unlawful purchase, attempted purchase, distribution, or attempted distribution of any controlled drug or substance or marijuana. Real Property 34-20B Real property subject to forfeiture--notice--knowledge of owner. All real property, including any right, title, and interest in the whole of any platted lot or tract of land which shall be measured in three hundred twenty acre increments, or all of any smaller amount and any appurtenances or improvements, which is used, or intended to be used, in any manner or part, to commit or to facilitate the commission of the manufacturing, compounding, processing, delivering, importing, cultivating, exporting, transporting, or exchanging of a controlled substance or ten or more pounds of marijuana, that has not been lawfully manufactured, distributed, dispensed, and acquired is subject to forfeiture under this section. Forfeiture under this chapter of real property encumbered by a bona fide security interest is subject to the interest of the secured party unless the secured party had actual knowledge of the act upon which the forfeiture is based. Notice of forfeiture proceedings shall be given each owner or secured party whose right, title, or interest is of record, at the time of the seizure, with the secretary of state or the register of deeds in the county where such real property is located. A person claiming a security interest bears the burden of establishing that interest by a preponderance of the evidence. No real property may be forfeited under the provisions of this chapter by reason of any act committed by a person other than an owner of the property unless that owner had actual knowledge that the real property was Continued next page

6 May/June 2014 Page 6 Continued from previous page used or intended for use in any of the manners set forth in this chapter. CHILD CUSTODY SDCL provides the court shall be guided by consideration of what appears to be for the best interests of the child in respect to the child s temporal and mental and moral welfare when determining custody of a child. Parental misconduct can only be considered if it has a harmful effect on the child. If the misconduct is done in the presence of the child, the harmful effect is self-evident. Price v. Price, 611 N.W.2d 425 (SD 2000). IMMIGRATION An individual may face deportation or be deemed inadmissible into the United States or ineligible for United States Citizenship if convicted of drug trafficking or possession of more than 30 grams of marijuana. As immigration consequences are unique area, I urge you to contact specialist in the area before proceeding with any plea. In addition, I have found the ICE personnel in Rapid City to be very helpful in a case by case basis. CIVIC PARTICIPATION 23A Suspension of civil rights on sentence to penitentiary--prisoner as witness--restoration of rights--voting rights. A sentence of imprisonment in the state penitentiary for any term suspends the right of the person so sentenced to hold public office, to become a candidate for public office, and to serve on a jury.. After a suspension of sentence pursuant to 23A-27-18, upon the termination of the time of the original sentence or the time extended by order of the court, a defendant's rights withheld by this section are restored. However, the voting rights of any person sentenced to imprisonment in the state penitentiary shall be governed by Title 12. FINANCIAL AID 20 USCA 1091 (r)(1) A student who is convicted of any offense under any Federal or State law involving the possession or sale of a controlled substance for conduct that occurred during a period of enrollment for which the student was receiving any assistance shall not be eligible to receive assistance for one year if the conviction was for possession of a controlled substance and was a first offense, two years if it was a second offense, and indefinitely for a third offense. If the conviction is for the sale of a controlled substance the period of ineligibility is two years for the first offense and indefinitely for a second offense. For the purpose of federal statutes and student aid, marijuana is considered a controlled substance. Therefore, any marijuana conviction, if the possession occurred while currently receiving the aid, could result in loss of student aid. It is possible to be rehabilitated and reinstate the eligibility prior to the end of the term if an individual does treatment (if approved) and also submits to 2 unannounced drug tests. Helpful resources include: RIGHT TO TRAVEL Often times a sentence includes probation or a condition of participation in the 24-7 program to include UAs or PBTs. Both of these conditions can jeopardize the individual s right to relocate for the duration of the condition. PUBLIC BENEFITS Incarceration for more than 30 days can result in an individual s ability to collect old age benefits, survivor benefits, and disability benefits. Outstanding warrants or felony convictions can also result in loss of TANF, SSI and food stamps. EMPLOYMENT It appears obvious, but drug convictions can have consequences is both skilled and unskilled employment. Certain professions, including ours, have rules of conduct and the drug conviction can have significant consequences. PUBLIC HOUSING The Public Housing Administration has strict guidelines for eligibility and evictions. Unfortunately, the consequences of drug convictions apply to housing if any household member has the conviction. Continued next page

7 May/June 2014 Page 7 Continued from previous page There are mandatory prohibitions for eligibility for the whole family if any household member person has ever been convicted of drug-related criminal activity for manufacturing or producing methamphetamines on the premises. The admission of a family may be prohibited if any household member is currently engaged in, or has recently engaged in drug related activity during a reasonable time before the admission. Eviction and assistance must be terminated for a family if there is a determination of any current drug use by any household member, a pattern of illegal drug use by any household member, or if any member of the household has been convicted of drug-related activity for manufacture or productions of methamphetamine on the premises of federally assisted housing. 24 CFR (b)(1). FIREARM POSSESSION Felony convictions of possession of marijuana, possession of a controlled substance, manufacturing or distributing controlled substances, distribution or possession with intent to distribute marijuana, making or possession of equipment to make counterfeit controlled substances, keeping or maintaining a place for the use or distribution of controlled substances, and violations of the same statutes within a school zone result in a prohibition of possession of a firearm. SDCL and SDCL It should also be noted that under the Gun Control Act of 1968, a person convicted in any court of a crime punishable by imprisonment for a term exceeding one year may not possess a firearm or ammunition. This list is not intended to cover all consequences of drug convictions, but it should assist you in considering some of the collateral consequences of a plea and encourage you to explore these issues with your clients. Should you have any questions or request additional information. Please do not hesitate to contact me. Alecia Fuller aleciaf@pennco.org, WELCOME NEW SDTLA MEMBERS! Bethanna Feist and Eric Ronke, formed Ronke and Feist Law Firm in April 2014, where she is a managing partner. Before moving to Sioux Falls, Bethanna was Chief Legal Counsel of the South Dakota Attorney General s Office, Consumer Protection Division, where she handled everything from civil judgments to criminal prosecutions. Before leading the Consumer Protection Division, Bethanna was in the Appellate Division. Eric started out as a solo practice in November The focus of their practice is on solutions for their clients family, business, and financial needs. Their new practice is located on 63 rd and Western in Sioux Falls. Stephen Demik comes to South Dakota as the Assistant Federal Public Defender for the Districts of South Dakota and North Dakota, 2013-Present. Mr. Demik s legal career has centered around criminal defense work, from trial work at the District Court level to habeas corpus proceedings for death row prisoners in California and Guantanamo detainees in Cuba. Mr. Demik has done over 30 federal jury trials, a pro bonoasylum case, a pro bonofamily court case, argued three appeals to the Ninth Circuit, and one California state-level jury trial. He speaks Spanish and some French. A native of Kingsport, Tennessee, Mr. Demik currently resides in Rapid City, South Dakota, with his family. Jeffrey Beck graduated in 2011 from both USD Law School and Vermont Law School (M.S. Environmental Law). He initially partnered with the Honorable Joni Cutler at Beck & Cutler, then opened Beck Law in 2013 upon Judge Cutler's investiture. Jeff primarily focuses on family law, criminal defense, and civil litigation. Prior to being an attorney Jeff was a Sioux Falls Police Officer for thirteen years. Dick Johnson and his daughter, Erin Johnson, now practice together with the primary areas of our practice including family law (divorce, custody disputes, parenting time disputes, child support issues, paternity, guardianship, adoption) and criminal defense. Dick also has some expertise in the area of civil forfeiture. Dick has been practicing law since 1977 and Erin just started in Benjamin Kleinjan grew up on a family farm in Brookings County and returned home with his wife and daughter to practice law. He mostly does civil litigation, criminal law, and general business practice, but is also an adjunct instructor of a course on the legal environment of business at SDSU. Braden Hoefert is from Seneca, SD. He graduated from South Dakota State University in '09 and the University of South Dakota School of Law in '12 and is currently an associate attorney with James D. Taylor, P.C. in Mitchell, SD, where he practices general civil litigation and additionally is a Deputy State's Attorney for the Davison County State's Attorney's Office.

8 May/June 2014 Page 8 Driving with Dennis By Mike Simpson Around 15 years ago, I represented a lady who had injured her back while working for a school on the Rosebud Indian Reservation. I filed the Petition in Tribal Court and got back an answer from Dennis Finch, who represented the school and the provider of workers compensation benefits, the United Sioux Tribes Worker s Compensation Fund. When it was time to go take some depositions, Dennis suggested we drive down to Rosebud together. No sense both of us driving, he said, plus, it ll save ya some money. Over the next 15 years, I represented dozens of people in cases against the Trust Fund. Dennis and I traveled to Rosebud about once every 6 months or so, it seemed, for depositions and hearings. I had a few clients from Pine Ridge and Eagle Butte, and we traveled there as well, but most of the driving was to Rosebud, and Dennis always drove. As I sit here now, I can remember some of our conversations in his pickup so vividly, so clearly, as if they happened just minutes ago. I remember Dennis saying, on more than one occasion, that he was proud he had put 4 girls through college and graduate school. I remember him telling me about his high school football exploits, about pheasant hunting in the old days, about his grandkids, and story after story about his cases. We d usually leave early in the morning, drink our coffee, maybe stop for a breakfast sandwich at a truck stop, and then just relax in our seats and talk. Boy, Dennis did love to talk! He had a way of telling a good story and I enjoyed hearing them, even if I heard a few of the better ones several times over the years. I didn t text or look at my phone, we just enjoyed a break from the office, from the constant phone calls from clients, from the daily grind. We talked about whatever had happened since our last trip, talked about politics, the weather, our families, our cases. There were no distractions. No radio, no music. We just talked. After what seemed like only a half hour, we d arrive in Rosebud. As we pulled into the parking lot of the Court House, the mood changed a bit. We put on our ties and sport coats we d thrown in the back seat and start thinking about what we were going to do. We then tried the cases in front of a Tribal Judge or took our depositions. Dennis was a tough advocate, but he was respectful and fair to my clients. I never worried that he d pull a fast one on me I hope he thought the same of me. After we did our work for a few hours, we d walk out to his pickup, take off our ties and sport coats and throw them in the back seat, along with our files. Sometimes, we d talk about what had happened, trying to predict what the judge would do, gently debating a few points. But usually, as soon as the sport coats and files were banished to the back seat, so was all talk of the case. We d resume our conversation where we left off Dennis telling me about his latest personal injury case, then me telling Dennis about a medical deposition I d taken last week, then Dennis asking me about my parents, then Dennis telling me a story about his kids, and on and on it went, as we traveled down the road. We d usually stop at the Rosebud Mini-Mart for a hamburger and fries or maybe stop at Murdo for a hot beef sandwich. Dennis always bought. A couple times, Dennis changed into old clothes and got out his shotgun, and we drove back by way of Martin, where we walked a few fields and Dennis shot some birds. I flushed the birds and retrieved them. Dennis was a good shot. Around supper-time we d get back to Rapid City, having talked in an easy and free way for an entire day. Then, a few months later, we d do it again. What is it about driving in a pickup on a beautiful sunny day through western South Dakota with a good friend, then doing what you love, and then getting back in the pickup and driving home? Was it the change in scenery from my office, where I sat all day talking on the phone, or to clients, or staring at my computer? Was it the feeling of moving through the landscape, feeling the sun on my face, traveling back to the country where I grew up seeing the farm pickups, hay bales, scraggly oak trees along a creek, run-down small houses with 3 or 4 old cars parked outside in the weeds? Or was it my companion and the way he talked, the way he listened. Maybe it was the way he made me feel like I was important, not by words or sentences, but just by the way he acted, hour after hour after hour? Whatever it was, I loved those trips and I loved spending time with Dennis. Over the years, we came to trust each other and truly enjoyed each others company. I started out on that first drive to Rosebud as an anxious, highly competitive young lawyer, chewing my fingernails and studying my file as we traveled down I-90. I was suspicious of this defense lawyer and defensive of my client. But as time went on, something happened to me. I got more relaxed and I learned to do as Dennis did- just enjoy the journey, work hard when we got to the destination, then sit back and look for pheasants

9 May/June 2014 Page 9 and forget about the case on the ride home. I remember reading One-L by Scott Turow when I was a young lawyer and getting his conclusion that law students and young lawyers need to watch out for excessive competitiveness, as this can turn us from well-adjusted nice regular people into arrogant jerks. Have you ever watched two lawyers in a deposition, their competitive juices flowing, argue and debate and act like imbeciles while the poor witness sits there, mouth agape, wondering what the heck is going on and how these two people can be allowed to have so much power over so many lives? Have you ever been one of those imbeciles? I have. I m getting better, thanks to Dennis and other lawyers like him but I still sometimes get done with a deposition and wonder who I ve become and where the real me went. Dennis is gone now, and we sit in our offices or in our homes and stare at the wall and remember. We slow down and we contemplate life and ponder what it all means. Ultimately, when we die, we are remembered not for cases won or money made, but for how we made others feel and what we gave back. Dennis gave everyone respect, from the lawyers he worked with to the most downtrodden of clients. He made me feel like a good lawyer, even when I was just figuring things out and was too confident for my own good. He taught me, over and over again, in his gentle and kind way, to throw the file and the sport coat in the back seat, put the phone away and watch and listen and learn and laugh. He taught me the journey was always enjoyable, if you just paid attention to the right things. Thank you, Dennis. Dennis W. Finch August 20, May 20, 2014 Dennis entered this world on August 20, 1944, to William "Bill" and Olive Finch and his big sister Karen Jensen (Scottsdale, AZ). He grew up in Sioux Falls, South Dakota, and graduated from Washington Senior High School in He was the first member of his family not only to graduate from college, but to continue on. He received a law degree from USD Law School in Dennis married Nancy Brandner on July 3, 1971, in Herreid, South Dakota. During their amazing 43 years together, they had four daughters: Jennifer Finch-Mitchell (Rochester, MN), Stephanie Powers (Rapid City, SD), Rebecca Almy (Rapid City, SD) and Jessica Finch (Aspen, CO); three sons-in-law: Todd Mitchell, Shawn Powers, and Jeff Almy; and five grandchildren: Jason and Jared Mitchell, Kelbie and Carter Powers and Piper Almy. Dennis life was focused around three things: his career, his community and, most of all, his family. Dennis began his career working in Pierre for the South Dakota Department of Labor and quickly advanced to become the Secretary of Labor under Governor Kneip. In 1978, Dennis and his family packed up and moved to Rapid City, SD, where he opened his own law firm. Dennis received many awards and honors for the work that he did. In 2011, 2012 and 2013, Dennis received the highest possible rating in both Legal Abilities & Ethical Standards from the SD Bar Association. He was listed in Best Lawyers in Worker s Compensation law. Dennis absolutely loved his career, and never wanted to retire. Dennis also gave much to his community. He was involved with many local, regional and state-wide organizations and clubs. He was President of the Dacotah Territory International Visitors Program. He opened his home to people from all over the world, and always said those occasions were his contribution to world peace. Dennis was involved in the Black Continued on page 15

10 May/June 2014 Page 10 SDTLA ELECTION 2014 CANDIDATE PROFILES Steve Beardsley Steve Beardsley in South Dakota and Colorado. FOR PRESIDENT-ELECT: I have practiced law long enough for me to cover my head with gray hair. My practices include personal injury, construction law, commercial law, workers compensation, some insurance defense, and product liability litigation. I have had the good fortune of being around a lot of very good lawyers. I hope that some of their talents rubbed off on me. I would be honored to continue as an officer with the SDTLA. For over 35 years, Steve Beardsley has engaged in a civil litigation practice that includes personal injury, construction law, commercial law, workers compensation, medical malpractice, insurance defense, and product liability. His work has earned an "AV" rating from Martindale-Hubbell. After graduating with honors from law school, Steve served as a Law Clerk in U.S. District Court, District of South Dakota ( ), before entering private practice. An accomplished litigator, Steve has tried lawsuits in both state and federal courts across South Dakota, Wyoming, Nebraska, and Iowa. He has also tried arbitrations FOR SECRETARY-TREASURER: I currently serve on the Board of governors of SDTLA. I feel that I am now in a position in my practice and my personal life, to take a more active leadership role as an officer of SDTLA. My practice is a bit unique. I have since the day I started private practice represented plaintiffs /claimants with the greatest percentage of my caseload being administrative law - Worker s compensation and Social Security disability. Margo Julius I ve witnessed the erosion of injured worker s rights through restrictive legislation over the past 20 years that I ve been working for injured claimants. There was a time that I felt the national trial organizations did not resist or fight these assaults on worker s rights with as much vigor as tort reform in general. I m excited that in more recent years our SDTLA has been aggressive in lobbying against dangerous restrictions on the rights of injured workers and I feel the organization really understands not only the direct impact those restrictions have on injured workers and their families, but also the broader implications. It is a slippery slope- once you go down the path of limiting court access and/or benefits for injured workers the easier it becomes to apply the same to all- personal injury litigants, criminal defendants, etc. I d like to continue to assist the SDTLA in their efforts of protecting the rights of all litigants. I feel I m prepared to do so as an officer of the Board. I would appreciate your confidence in me and your vote for me for Secretary/Treasurer. Margo Julius is a partner with the Rapid City law firm of Julius & Simpson, L.L.P.. She graduated from the University of South Dakota with a B.S. degree in 1988, and received her J.D. degree from the University of South Dakota School of Law in She served for two years as law clerk in the Federal Court in the Western District of South Dakota before going into private practice. Margo is a member of the South Dakota Trial Lawyers Association (SDTLA); Worker s Injury Law & Advocay Group (WILG); the State Bar of South Dakota and the Pennington County Bar Association. She has served on various committees in both the SDTLA and the State Bar, including service on the Executive Board of the Young Lawyers Division of the State Bar, the Board of Governors of SDTLA, the Board of Directors of Dakota Plains Legal Services and the Disciplinary Board of the State Bar. She currently serves on the Board of Directors of Youth and Family Services in Rapid City and is a member of the Zonta Club of the Black Hills. Margo represents plaintiffs in the areas of workers compensation, personal injury, and social security disability, as well as other federal and state litigation. She and her husband John have three children, Ellyn, 17, Bob, 15, and David, 12.

11 May/June 2014 Page 11 FOR AAJ DELEGATE After my many years of service to SDTLA and my involvement in AAJ, I look to you for support in my election as an AAJ Delegate. I have attended numerous meetings of AAJ and participated in their training programs including Case Plus and Ultimate Trial Advocacy. I hope to represent SDTLA and bring back to South Dakota ideas and training to further help our representation of our clients. Aaron Eiesland Aaron Eiesland, a native of Rapid City, SD, is a 1996 graduate of University of Wyoming with a B.A. in Business/Marketing and USD School of Law, J.D. in He worked two years as a Federal Law Clerk with Judge Andrew W. Bogue and then joined Johnson Eiesland Law Offices where he practices today specializing in personal injury and construction litigation. Aaron took his first plaintiff's case to trial within six months of entering private practice (lost) and has been learning on the job ever since. FOR FOUR SEATS AT-LARGE GOVERNORS I believe one of the most beneficial things I have participated in since Law School is SDTLA. I had the pleasure of being a student liaison which tied me to the organization and its goals and I intend to be a member as long as I practice law. I find every seminar educational, entertaining, and helpful in my practice. In my career, I have taken on the responsibility of supervising the misdemeanor public defenders in Pennington County. I find my role mentoring young(er) attorneys much like the role of SDTLA to all of its members. The goal is to advance the perception of our profession; promote (or oppose when appropriate) legislation or injustice; educate its members; develop your attorneys skills and Alecia Fuller confidence; as well as nurture the camaraderie of the membership. I would like to encourage an open dialogue between the board of governors and the SDTLA members. I welcome any and all comments, critiques, and suggestions and I am always open to hear what SDTLA members want/need from the board and the Association. I still consider myself a "young" trial lawyer, although since working as a Public Defender I have had more jury trials under my belt. In every trial, I have applied something (if not many things) that I have learned through SDTLA. I don t come to the board with an agenda to accomplish, but with the general goal to help our bar, our organization, my fellow criminal defense lawyers, and myself excel. I hope to assist the SDTLA in achieving its goals and assisting its members to be better trial lawyers. What we do as trial lawyers for our clients is truly exciting, but more so, it is vital to our system of justice. SDTLA is there to allow us to be better and do better. Alecia Fuller graduated from USD School of Law in She was a Law Clerk for the 7th Judicial Circuit in South Dakota and then became an associate at Brady Pluimer, P.C. from August 2007 July She then opened Fuller Law, PC in July 2010 June 2011 before she became an attorney for the Pennington County Public Defender s Office in June 2011 present. Ryan Kolbeck I am currently co-chairman on the criminal law committee within the SDTLA. This committee helped organize a criminal law component to the 2012 spring seminar, and during the legislative session we held numerous conference calls to discuss proposed criminal legislation. In addition, I have helped find national speakers for our SDTLA seminars, which I believe are what make the SDTLA the best organization for a young trial lawyer in South Dakota to be involved in. I hope to continue to bring the same amount of energy and passion to the SDTLA for another term as I gain more experience in plaintiff trial work. I would appreciate your vote for another term on the SDTLA Board of Governors.

12 May/June 2014 Page 12 Ryan Kolbeck was born and raised in Sioux Falls, South Dakota. After law school, Ryan began practicing law at the Minnehaha County Public Defender s Office and defended all types of criminal cases for seven years. Ryan joined the Hoy Trial Lawyers in 2012 and has broadened his areas of practice to include plaintiff trial work and bad faith claims. In early 2014, Ryan established the Waltner Kolbeck Law Firm with four other lawyers in the Sioux Falls area. As a public defender, Ryan helped form the South Dakota Association of Criminal Defense Lawyers, a group that lobbies the South Dakota Legislature to promote the fair and proper administration of laws and ensures that justice and due process is guaranteed for all South Dakotans. In a position voted to by his colleagues, Ryan is currently in his fourth term as President of the SDACDL. With this work and the other things Ryan does in his community, Ryan was voted the South Dakota Young Lawyer of the Year in In 2009, Ryan was first elected by his peers to the South Dakota Trial Lawyers Board of Governors, and is currently cochairman on the SDTLA criminal law committee. This committee helped organize a criminal law component to the 2012 spring seminar, and constantly brings the views of criminal lawyers to the SDTLA lobbyist and Board of Governors, especially during the deliberation of the 2013 Public Safety Bill Improvement Act which was a major change to the criminal justice system. I think it is vital for the SDTLA to take a leadership role both within and without of the profession; both to create a positive perception of our organization as well as to be able to impact our clients and communities in the manner in which I believe we are both capable of and correspondingly obligated to do. I have previously served on the Board and wish to continue to be involved at this stage of my career having a base of knowledge as well as relationships on which I can build in order to serve this organization. Further, I think that the Board needs the perspective of female members in order to be a more complete representation of the profession and society. I would be honored to serve as your representative and would be thrilled to take any comments or concerns that any of the membership has to the Board. Melissa Nicholson Breit Melissa Nicholson Breit graduated from DePauw University, majoring in Mathematics and competing in varsity basketball. After graduation, she returned home to receive her J.D. and in 1999 joined the practice of law alongside her father, Tom. They continue to practice together in Sioux Falls as Nicholson, Tschetter, Adams and Nicholson. Her practice consists primarily of family law and civil litigation. She recently married Tony Breit, and has two step-children, Ashtyn and Layken. I would like to be elected to the Board of Governors because serving on the SDTLA board this last year has been a real privilege and the highlight of my young career. The services we provide the SD Bar, our clients, and the public are invaluable. There will always be folks trying to stand in the way of justice but I d appreciate the opportunity to continue fighting every effort until the bitter end. Casey Fideler Casey Fideler grew up in Tripp, SD. After high school he joined the service and served with the U.S. Marine Corps as a Fleet Marine Force Corpsman. After his service, he went to USD for Accounting Undergrad and then Law School. After law school he went to the University of Florida to get an LL.M in tax. He has been working at Turbak Law Firm for almost two years and loving every minute of it. Casey is getting married June 28 th to Stephani. He enjoy golfing, fishing, hunting, and sports mostly importantly the Green Bay Packers.

13 May/June 2014 Page 13 It has been a privilege to serve on the SDTLA Board of Governors this past year. My hope is to have the opportunity to continue toward my goals to increase membership, raise awareness about the benefit and comradery of SDTLA, and to ensure that SDTLA s voice is heard by the judiciary, the legislature, and the public. Thank you for your consideration. Raleigh Hansman Raleigh Hansman is a Sioux Falls, SD native. After graduating from the University of Colorado-Boulder and spending two years working in the entertainment industry in Los Angeles, CA, Raleigh returned to South Dakota to attend law school. She graduated from the University of South Dakota School of Law in May 2012 with Sterling Honors. During her law school career, Raleigh was the Lead Articles Editor for Volume 57 of the South Dakota Law Review and published two articles, Times Does Not Heal All Wounds: An Analysis of the Defendant Disarming Decision in Murray v. Mansheim, 2011 SD 155, and Doctrinal Development or Devolution?: An Examination of the Incidental Regulation Test from Texas v. Johnson through Holder v. Humanitarian Law Project, 2012 SD 122. Raleigh interned with the Meierhenry Sargent law firm during the 2011 summer. She joined the firm as a full-time associate in August She works closely with Mark Meierhenry and Clint Sargent. Raleigh s present practice includes civil litigation, criminal defense, and appellate practice. I was fortunate to be appointed to the Board of Governors this past year. As a member of the board, I had the opportunity to work with some of the best trial lawyers in the state to help foster new membership, bring SDTLA into the realm of social networking and plan educational and inspiring seminars aimed at improving trial practice across the state. If re-elected to the Board of Governors, I will continue to garner new membership, increase the social media presence of the organization, advocate for new legislation directly influencing trial lawyers and pursue inspiring speakers for CLEs at our spring and fall seminars. I welcome the continued opportunity to commit my time, energy and ideas to SDTLA. Kasey Olivier Kasey Olivier is 2012 Honor graduate from the University of South Dakota School of Law. Originally from Jackson, Minnesota, Kasey received a Bachelor of Science in Mass Communications, Public Relations, and Speech Communication from Minnesota State University, Mankato. After completing her undergraduate studies, Kasey moved to South Dakota to pursue a law degree at the University of South Dakota School of Law. While in law school, Kasey was a member of the South Dakota Law Review, both as a published student author and editor. After Law School, Kasey clerked for the Second Judicial Circuit in Sioux Falls, South Dakota before joining Johnson, Heidepriem, & Abdallah in July Kasey is a member of the South Dakota Trial Lawyers Association; Women in Law; and the State Bar of South Dakota. She has served on various committees for SDTLA and the State Bar, including service on the Board of Governors of SDTLA and the Social Media Committee of the State Bar. Kasey s practice focuses on civil litigation and trial practice. AT LARGE MEMBER IN PRACTICE NOT MORE THAN 3 YEARS I seek to advance the principles and purposes for which SDTLA stands. Robbie Rohl Robert J. Rohl practices law with the Rapid City firm of DeMersseman Jensen Tellinghuisen & Huffman, LLP. Previously he served as Chief Deputy Public Advocate for Dakota Plains Legal Services, Inc. While employed for Dakota Plains, Mr. Rohl defended individuals facing charges of: rape, kidnapping, vehicular battery, possession and distribution of drugs, DUI, grand theft, receipt of stolen property, assault, aggravated assault, failure to register, animal abuse, burglary, identity theft and forgery. Before working for Dakota Plains, Mr. Rohl worked in association with Randal E. Connelly, Attorney at Law. Under the mentorship of Randal E. Connelly, Mr. Rohl second chaired jury trials, coauthored appeals to the South Dakota Supreme Court and aided in all motion practice. After graduating from law school in 2011, Mr. Rohl worked in Deadwood as the Judicial Clerk for the Fourth Judicial Circuit, State of South Dakota.

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15 May/June 2014 Page 15 Law School Times By Kelsea K. Sutton (605) SDTLA Law Student Liaison The spring semester has come to a close! The 1L s are celebrating surviving their first year, the 2L s are off to exciting intern and externships, and the 3L s have graduated. It s a thrilling and borderline overly chaotic time. The 3L s will take a quick breather and start studying for the Bar in hopes of becoming real life attorneys very soon. As I step down as your law student liaison, I am incredibly excited to welcome the two new coliaisons to the position. Congratulations to Rachel Preheim and Andrew Fick who are both incoming 3L s! Ms. Preheim is a member of the Moot Court Board and has a real passion for criminal defense. She will be a zealous advocate for her clients after graduation. Mr. Fick is the Symposium Editor for the Law Review and has an impressive background in both collegiate Mock Trial and law school Trial Team. You will find Mr. Fick friendly and polite when you meet him, but just wait until you get him in the courtroom! The Trial Lawyers are very lucky to have these two young law students on their team. I ve so enjoyed my year with all of you, and I hope I was a helpful resource for you at the law school. I m honored to announce that I will be joining the Johnson Pochop firm in October of this year, so I am sure I will be seeing plenty of you all in the very near future. I cannot wait to learn how to be an advocate from some of the finest attorneys I know. Thank you for letting me a part of your organization as a student, and I am excited to continue to participate with SDTLA as a professional. Signing off, Kelsea K. Sutton Continued from page 9 Hills Corvette Club, Black Hills Sportsmen s Club, Dakota Territory Dance Club, South Dakota Bar Association, American Bar Association, South Dakota Trial Lawyers Association, Rose Bud Sioux Tribal Court Bar Association, and Tai Chi classes. He loved politics, law and being around people. Dennis, along with family and friends, spent his summer days camping, grilling, fishing and boating around Sheridan Lake. He traveled all around the United States and had a few opportunities to visit other countries. Dennis and Nancy cruised the Black Hills and multiple states in his dream car, his Chevy Corvette, always with the top down. In the fall, Dennis never missed opening weekend of pheasant hunting season (except one) and occasionally his children and sonin-law Jeff joined him. Most of all, though, Dennis served as loving husband, father and wonderful role model for his growing family. He supported them all in every way he could, loved them with all his heart, and spoke of them with pride to everyone he knew. They were the center of his life. With the help of his wife, family, and friends, Dennis lived life to the fullest.

16 May/June 2014 Page 16 South Dakota Trial Lawyers Association Notice of MEMBERSHIP DUES DUE July 1, 2014 CATEGORIES Check one: Legal Support Staff. $50.00/ year Law Student... $10.00/ year 0-2 years in Practice $70.00/year 3-5 years in Practice....$100.00/year Public atty employed over 2 years* $100.00/year Over 5 years in Practice $350.00/year Sustaining membership ** $700.00/year Subscribing membership ***..$125.00/year Please print or type Name Address Mailing address CITY State ZIP Telephone Cell number County Date Admitted to Bar Return to with appropriate dues: SDTLA PO Box 1154 Pierre, SD * All public attorney members must be employed on a full-time basis by the Federal, State, county or municipal government or legal aid association. ** Any sustaining member must be engaged in the practice of law for more than five years and be a member in good standing of the Association for five years. Attendance at the Association s annual fall seminar is free for sustaining members. *** Anyone may apply for a subscribing membership in the Association, i.e. associations, institutions of higher learning, research companies, etc. Subscribing members shall receive all Association membership benefits, but are not entitled to vote.

17 May/June 2014 Page 17 NEW LAWYER REFERRAL LIST The South Dakota Trial Lawyers Association has compiled a list of aspiring young trial lawyers who are interested in accepting civil case referrals. The list is not for pro bono referrals, but rather cases that another attorney is not interested in handling due to his or her caseload, area of interest, or the client s ability to pay. The purpose of creating this list is to allow young lawyers to gain experience handling civil cases on their own, while at the same time matching a worthy client with a willing lawyer. The goal is to give the lawyer the opportunity to independently plan case strategy, pursue a discovery plan and try a jury trial. By agreeing to be on the list, the attorneys have not automatically agreed to accept a case. They have the independence to accept or decline any case referred to them. Any lawyer in practice less than five years interested in accepting referrals is encouraged to contact the SDTLA office to join this list. First Circuit Kraig L. Kronaizl Blackburn & Stevens 100 West 4th Street, Yankton, SD Family Law, General Civil Litigation, Some Criminal Defense Katie Johnson PO Box 136 Beresford, SD Family Law, Criminal Defense, Bankruptcy Second Circuit Melissa Fiksdal Jeff Larson Law 400 N Main Ave #207, Sioux Falls SD Family Law, Criminal Defense Cesar Juarez Siegel, Barnett & Schutz PO Box 1286, Sioux Falls, SD Family Law, Criminal Defense & General Civil Litigation Meghann Joyce Boyce Greenfield etal PO Box 5015, Sioux Falls, SD Family law, Civil Litigation and Insurance Litigation James Nasser Nasser Law Office 204 S Main, Sioux Falls, SD General civil litigation Laura Brahms Kading Kunstle & Goodhope 7400 S Bitterroot Pl #100 Sioux Falls, SD Family Law, Criminal Defense, Worker s Comp, General Civil Litigation Katie Johnson PO Box 136 Beresford, SD Family Law, Criminal Defense, Bankruptcy Third Circuit Seamus W. Culhane Turbak Law Office th St NE, Watertown, SD Long Term Care, Homeowner s, Worker s Compensation and other Non-ERISA Insurance Denials Casey W. Fideler th St NE, Watertown, SD Personal Injury, Wrongful Death, & Tax Implications of Settlements & Judgments HAVE YOU CHECKED OUT SDTLA s SOCIAL MEDIA?? The South Dakota Trial Lawyers Association is pleased to announce that it has re-launched its official Facebook page in an effort to connect and unite more attorneys and legal support staff throughout South Dakota. Videos, pictures, and information about upcoming SDTLA events will be posted regularly. Members are also invited to post questions, comments, articles, etc. on SDTLA s Facebook wall. Not yet a SDTLA Facebook page member? Become one today by typing South Dakota Trial Lawyers Association SDTLA into your Facebook search function and click JOIN! 2014 SDTLA Fall Seminar September 25-26, 2014 * Lodge at Deadwood SAVE THE DATE FOR THE FUN!!!

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19 May/June 2014 Page SDTLA Fall Seminar September 25-26, 2014 Lodge at Deadwood REGISTRATION INFORMATION: The seminar begins at 1 pm on Thursday September 25 and ends at noon on Friday, September 26. Registration fees covers two half days of seminar with course materials, breaks and dinner. REGISTRATION FEES: Comp Sustaining members* $ members over 3 years in practice $ members less than 3 years in practice $ Public attorney members $ Public attorney Non-members $ non-members less than 3 years in practice $ non-members over 3 years in practice $50.00 Judges, Legal Support Staff, USD Law Students $ Legal Support Staff non-member *must pre-register Deadline to register is September 15 th ACCOMODATIONS: Rooms can be reserved by calling the Lodge at Deadwood and ask for reservations in the SD Trial Lawyer Association block. The SDTLA rate is $94 114/night plus tax. The SDTLA room block will be released on August 25th so call today! Please photocopy and use a separate registration form for each registrant. Return this form and the appropriate fees to: SDTLA Office PO Box 1154 Pierre, SD If you have questions, call (605) Name City State Zip Telephone for seminar materials REGISTER ON-LINE by sending an message with the above information to sdtla@mncomm.com. Please send your registration fee by mail to SDTLA, PO Box 1154, Pierre, SD ATTENTION LAW STUDENTS, INTERNS, AND NEW LAWYERS YOU ARE CORDIALLY INVITED TO ATTEND THE SOUTH DAKOTA TRIAL LAWYERS ASSOCIATION Annual Meeting and Elections Thursday, June 19, :30 a.m. Fontenelle Ballroom Sheraton Hotel, Sioux Falls PLEASE RSVP TO SDTLA@MNCOMM.COM

20 May/June 2014 Page 20 Continued from page 2 you may wish remember Colleen Zea s advice about e-discovery. You might want to print the test off and score it by hand so your grit level doesn t get cemented into your hard drive somewhere!) It was a crowd pleaser. As a tribute to the presenters who shared their talents and time on behalf of the SDTLA, we had over 100 registrants for our CLE program. We also experienced the delightful problem of having standing room only: we had more registrants for the Bob Morris roast than we had room for. This was officially a box office hit. We give special credit to all the judges and justices who took the time to attend this event: your role in the justice system is one that the SDTLA genuinely values. Thank you for taking the time to encourage us to be more passionate, effective trial lawyers. It featured a dazzling red carpet event. Do you know if the Bob Morris roast resulted in any explosions? If you moustache this question, I can only say that you should definitely be there next time--what happens at SDTLA socials can only be shared at other SDTLA socials. If you are not there next time, you should be aware that there is risk that a photo of you when you were a starry-eyed, baby-faced lawyer with lots of big hair will be broadcast to the whole group. (I figure this one of me back in the day at an SDTLA seminar will show up sometime, so I ll just own it now.) As a part of our mission to educate trial lawyers, SDTLA produces its popular CLE series twice a year. Your next chance to find out what all the buzz is about will be our Fall CLE in Deadwood on September 25-26, We also hope to see you for our biggest, most star-studded event of the year: the SDTLA annual meeting luncheon on June 19 at the State Bar meeting in Sioux Falls. We like to keep our audience at this event on the edge of its seat, but it isn t a spoiler to share that Gary Davis, former SDTLA president, will be returning from someplace near Hollywood to star as our keynote speaker. RSVP now to reserve a front row seat for the SDTLA Trial Lawyer of the Year award, the Fred J. Nichol award, the election of officers and the passing of the gavel. STEPHANIE E. POCHOP FOR BAR PRESIDENT-ELECT IN 2015 I would appreciate your support of my candidacy for President-Elect of the South Dakota State Bar for the 2015 election to be held at the annual meeting next year in Rapid City. I have been an active member of the SDTLA and the South Dakota Bar since my graduation from the USD School of Law in I am a third-generation trial lawyer in a small firm practice in Gregory and am committed to preservation of the jury system. My practice experience gives me a valuable perspective about the future of our Bar and the changes that we are going to have to address. To learn what I can do for our Bar, you can find me at the SDTLA s annual meeting in Sioux Falls on June 19 beginning at 11:30 a.m. in the Sheraton hotel s Fontenelle Ballroom. I will be hosting hospitality rooms at the Sheraton during the State Bar meeting in the spirit of SDTLA legend Rick Johnson. In recognition of the changing needs of our Bar members, Eric Schulte and I will also be sponsoring an alcohol-free hospitality room in conjunction with the Women In Law award ceremony on Thursday, June 19 from 4-6 at the Face It TOGETHER office space in downtown Sioux Falls at 231 S. Phillips Ave., Suite 201. You can also call me at (605) or me at Johnson@gwtc.net with any questions or comments you have about what I hope to accomplish as your Bar President.