Bill Janklow
Encyclopedia
William John "Bill" Janklow (born September 13, 1939) served as the 25th Attorney General
of South Dakota
, before being elected as South Dakota
's 27th and 30th Governor
, as well as to the United States House of Representatives
where he served for a little more than a year. A Republican
, Janklow's career has continued as a lawyer and lobbyist since leaving public office. His tenure as governor was the longest in state history; he twice served eight year tenures in office. Janklow was elected to the United States House of Representatives
in 2002 . He resigned in 2004 after being convicted of manslaughter
for his role in an automobile accident.
from 1956 to 1959. He graduated from the University of South Dakota
in 1964 with a BS in business administration and earned a law degree there in 1966. After graduation from law school, he was a Legal Services
lawyer for six years on the Rosebud Indian Reservation
, advancing to direct the program there.
In 1973, he received his first political appointment as the Chief Prosecutor of South Dakota and "quickly earned a reputation as a top trial lawyer".
at Fort Thompson by tribal police officer Roger C. Philbrick. Philbrick said Janklow insulted him and was not wearing pants. Janklow reportedly resisted arrest and tried to elude the police, requiring backup to be called in. The arrest charges included indecent exposure. Janklow was taken to the Fort Thompson jail. The next day an aide brought him socks, shoes, underwear and pants so that he could leave the jail properly dressed.
filed a petition through her attorney Larry Leventhal and tribal advocate Dennis Banks
to disbar Janklow to keep him from practicing in tribal court. According to Banks, in early 1967 Jacinta Eagle Deer
, then a 15-year-old Lakota schoolgirl at the Rosebud Boarding School on the Rosebud Indian Reservation
, reported to her school principal that William Janklow, for whom she was working as a babysitter, had raped her on January 13. He was said to be her legal guardian.
The Bureau of Indian Affairs
(BIA), responsible for law enforcement on the reservation at the time, allegedly sent the police investigation case file of the rape (for which it had custody) to its Aberdeen, South Dakota Office to keep it away from the Rosebud Sioux Tribal Court.
Judge Mario Gonzalez of the Rosebud Indian Reservation tribal court granted Eagle Deer's petition to disbar Janklow from practicing law on the Rosebud Reservation. At the request of Eagle Deer's attorneys, the tribal court "issued a misdemeanor arrest warrant for Janklow based on sworn testimony on Eagle Deer's behalf (since it was generally believed at the time that tribal courts had jurisdiction over non-Indians)", but no arrest was made. Janklow denied all allegations connected with the rape case, and was never prosecuted for it.
In 1975, Janklow was investigated by the FBI before being nominated as a candidate for appointment to the board of the Legal Services Corporation
. The White House Counsel passed on its recommendation to the Senate Judiciary Committee (which would vote on the nomination), saying its investigation of the rape case concluded there was insufficient evidence.
In April 1975, Jacinta Deer Eagle was killed at night in a hit-and-run accident in southern Nebraska. After her death, Jacinta's step-mother, Delphine Eagle Deer, sister of Leonard Crow Dog
, advocated on the young woman's behalf. Delphine Eagle Deer was murdered in an as yet unsolved case about nine months later in 1976.
He was first elected governor in 1978. He was easily reelected in 1982 with 70.9% of the vote, the highest percentage won by a gubernatorial candidate in the state's history. The legislature had repealed the personal property tax the year before he took office, but did not provide a replacement revenue source. Since the personal property tax funded local governments, the legislature mandated that the state government replace the revenue.
In 1979 Janklow signed into law a bill reinstating capital punishment in South Dakota. Another initiative that year was to abolish the state's Department of Environmental Protection, allegedly because of its role in efforts by the Sioux to block resource development in the Black Hills
. Janklow supported passage of legislation to remove South Dakota's limit on interest rate
s. This attracted banks: for instance, Citibank
opened a credit card center in Sioux Falls. Several states had similar laws, overturning previous policies against high rates. Under the federal banking rules a state had to formally invite a bank into their state, and South Dakota invited Citibank before other states.
When the Milwaukee Railroad
went into bankruptcy, Janklow called a special session of the legislature on the issue. The state purchased the main line of the defunct railroad. The state leased its property to the Burlington Northern, thereby preserving critical railway shipping of commodities for much of the state. Janklow increased accessibility for the disabled to public and private facilities in state.
Barred by state law from running again in 1986, Janklow challenged the incumbent U.S. Senator
James Abdnor
in the Republican primary. Janklow lost, with Abdnor winning by a 55% to 45% margin. The primary battle was considered to weaken Abdnor, contributing to the latter's loss in the general election to Democrat Thomas Daschle, then South Dakota's lone member of the U.S. House of Representatives.
and Viking Press
for a statement included in the book In the Spirit of Crazy Horse
(1983), and another suit against Newsweek
magazine for its coverage of the alleged rape. The publications had included statements of Dennis Banks
, founder and leader of the American Indian Movement
(AIM). In each case, the courts upheld the freedom of speech principle for the authors and publishers under the First Amendment
of the Constitution.
Matthiessen included a statement by Banks about the rape accusation and drunk driving incident. Janklow, then governor of South Dakota, sued both the author and publisher Viking Press
for libel, which delayed publication of the paperback version of the book until 1992. Janklow's complaint, referring to the statement by Banks about rape, "cited a 1975 letter from Philip Buchen, head of the Office of Counsel to the President of the United States, to the Senate Committee on Labor and Public Welfare, saying that three Federal investigations found the allegations against him 'simply unfounded.' The Senate committee was considering Mr. Janklow's nomination as a director of the Legal Services Corporation
..." Janklow's suits were dismissed based on First Amendment
protection of free speech.
Janklow filed a libel suit against Newsweek based on an article in the weekly's February 21, 1983, issue that included the disputed passage by Dennis Banks. Janklow v. Newsweek Inc. (1986), was brought before the United States Court of Appeals for the Eighth Circuit
en banc
appealing the decision of the Hon. John B. Jones, United States District Judge for the District of South Dakota, that Newsweek
magazine had not defamed Janklow. The lower court's decision was affirmed by the appeals court, with BOWMAN, Circuit Judge, joined by ROSS and FAGG, Circuit Judges, dissenting.
in the Republican gubernatorial primary. He was handily elected that year and was reelected in 1998. In his second two terms, he cut property taxes for homeowners and farmers by 30%, but was able to make up the revenue loss caused by the voters' repealing the inheritance tax. Janklow is the longest-serving governor in South Dakota history. He is the only person in the state's history to serve eight full years as governor, which he did twice.
Although controversial, Janklow is among the more electorally successful politicians in South Dakota's history. He was elected to statewide office six times.
, in conjunction with the Sioux Falls newspaper Argus Leader
, filed a Freedom of Information Act request to obtain information on pardons granted by Janklow between 1995 and 2002. Reporters found that the pardons did not follow the statutory process, which requires pardons to be reviewed by an independent commission. Among Janklow's pardons was one for his son-in-law, William Gordon Haugen II, for convictions for drunk driving and marijuana possession.
and his wife Lorna Herseth, former state Secretary of State for South Dakota.
. Scott, a 55-year-old Minnesota
n, was thrown from his motorcycle and killed instantly. Janklow's vehicle traveled 300 feet beyond the point of impact and hit a sign in a field. He suffered a broken hand and bleeding on the brain. In the ensuing investigation, officials determined Janklow was driving at least 70 miles per hour in a 55 mph zone and that he ran a stop sign
at the intersection where the crash occurred.
Janklow was arraigned
on August 29. He said he "couldn't be sorrier" for the accident. His trial began on December 1. In his defense, his lawyer said that he suffered a bout of hypoglycemia
, or low blood sugar, and was "confused" and "mixed up." Janklow testified that he had taken an insulin shot
the morning of the accident and had not eaten anything throughout day. Medical witnesses said this could result in low blood sugar. No witnesses testified as to Janklow's record of three previous accidents and twelve speeding violations; his driving history had been widely reported in the local media.
Robert O'Shea, an accident reconstruction
expert, testified at the trial that he estimated the Congressman's speed to be 63 or 64 miles per hour at the time of impact. This was based on data from the electronic data recorder
of the Cadillac and "his own analysis". The State Highway Patrol had said in testimony that it estimated Janklow's speed as "at least 70 mph." The State was not able to download the data from the car because they did not have the connector needed. From his analysis, O'Shea said Scott's motorcycle’s speed may have been as much as 65 mph; this was in contrast to the Highway Patrol's estimate of 59.
Examples of Janklow's violations covered in the press were his receiving a ticket for speeding on his motorcycle four blocks from his home to the Capitol
, and another for not having the proper license endorsement to drive the vehicle. The superintendent of the state highway patrol reported that Janklow had 16 traffic stops by troopers during his last term as governor but was not ticketed, due to "respect for his authority," and out of a "fear of retribution." From 1990–1994, Janklow had 12 speeding tickets, with fines totaling $1000.
On December 8, 2003, Janklow was convicted by a Moody County jury of second-degree manslaughter
. A few days later, he resigned his seat in Congress effective January 20, 2004. House rules do not allow congressmen who are convicted of felonies to vote or participate in committee work until the House Ethics Committee conducts an investigation. On January 22, Janklow was sentenced to spend 100 days in jail. After 30 days, he was able to leave the jail for several hours each day in order to perform community service
. He was released on May 17, 2004.
Scott's family sued Janklow for damages, but the court ruled that because Janklow was on official business at the time, he was protected from any monetary claims by the Federal Tort Claims Act
, which ascribes liability to the government as opposed to the individual who is acting in a governmental capacity. In July 2006, Scott's family filed a $25 million wrongful death suit against the U.S. government. The lawsuit was settled for $1 million on May 14, 2008.
Court records show Janklow received five citations in South Dakota since his probation ended in 2007 – four for speeding and one for clipping a car in a Sioux Falls parking lot. A citation for lacking proof of insurance was later dismissed. He has also admitted to getting ticketed in Minnesota and while driving to Texas.
granted his petition for early reinstatement of his license to practice law, effective February 2006; Scott's family opposed the reinstatement. In spring 2006, the Mayo Clinic
retained him to lobby against the DM&E Railroad expansion. He also represents landowners who are seeking reimbursement from the railroad for the taking of their property.
On November 4th, 2011, he annouced during a press conference that he has terminal brain cancer and his prognosis is very poor. He will be returning to the Mayo Clinic to try some experimental treatments.
South Dakota Attorney General
The Attorney General of South Dakota is an elected office that assists local law enforcement agencies in the state of South Dakota, provides legal representation for state agencies, and enforces consumer protection laws. The current attorney general is Marty Jackley.-External links:*...
of South Dakota
South Dakota
South Dakota is a state located in the Midwestern region of the United States. It is named after the Lakota and Dakota Sioux American Indian tribes. Once a part of Dakota Territory, South Dakota became a state on November 2, 1889. The state has an area of and an estimated population of just over...
, before being elected as South Dakota
South Dakota
South Dakota is a state located in the Midwestern region of the United States. It is named after the Lakota and Dakota Sioux American Indian tribes. Once a part of Dakota Territory, South Dakota became a state on November 2, 1889. The state has an area of and an estimated population of just over...
's 27th and 30th Governor
Governor of South Dakota
The Governor of South Dakota is the head of the executive branch of the government of South Dakota. They are elected to a four year term on even years when there is no Presidential election. The current governor is Dennis Daugaard, a Republican elected in 2010....
, as well as to the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
where he served for a little more than a year. A Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
, Janklow's career has continued as a lawyer and lobbyist since leaving public office. His tenure as governor was the longest in state history; he twice served eight year tenures in office. Janklow was elected to the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
in 2002 . He resigned in 2004 after being convicted of manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
for his role in an automobile accident.
Early life
Janklow was born in Chicago, Illinois. He served in the U.S. Marine CorpsUnited States Marine Corps
The United States Marine Corps is a branch of the United States Armed Forces responsible for providing power projection from the sea, using the mobility of the United States Navy to deliver combined-arms task forces rapidly. It is one of seven uniformed services of the United States...
from 1956 to 1959. He graduated from the University of South Dakota
University of South Dakota
The University of South Dakota ', the state’s oldest university, was founded in 1862 and classes began in 1882. Located in Vermillion, South Dakota, United States, USD is home to South Dakota's only medical school and law school. USD is governed by the South Dakota Board of Regents, and its current...
in 1964 with a BS in business administration and earned a law degree there in 1966. After graduation from law school, he was a Legal Services
Legal Services Corporation
The Legal Services Corporation is a private, non-profit corporation established by the United States Congress. It seeks to ensure equal access to justice under the law for all Americans by providing civil legal assistance to those who otherwise would be unable to afford it...
lawyer for six years on the Rosebud Indian Reservation
Rosebud Indian Reservation
The Rosebud Indian Reservation is an Indian reservation in South Dakota, United States. It is the home of the federally recognized Sicangu Oyate, also known as Sicangu Lakota, the Upper Brulé Sioux Nation, and the Rosebud Sioux Tribe , a branch of the Lakota people...
, advancing to direct the program there.
In 1973, he received his first political appointment as the Chief Prosecutor of South Dakota and "quickly earned a reputation as a top trial lawyer".
Arrest for drunk driving
In February of 1973, Janklow was arrested for drunk driving on a road on the Crow Creek ReservationCrow Creek Reservation
The Crow Creek Indian Reservation is located in parts of Buffalo, Hughes, and Hyde counties on the east bank of the Missouri River in central South Dakota in the United States. It has a land area of 421.658 sq mi and a 2000 census population of 2,225 persons...
at Fort Thompson by tribal police officer Roger C. Philbrick. Philbrick said Janklow insulted him and was not wearing pants. Janklow reportedly resisted arrest and tried to elude the police, requiring backup to be called in. The arrest charges included indecent exposure. Janklow was taken to the Fort Thompson jail. The next day an aide brought him socks, shoes, underwear and pants so that he could leave the jail properly dressed.
Jacinta Eagle Deer
In 1974, a month before the election for state attorney general for which Janklow was a candidate, Jacinta Eagle DeerJacinta Eagle Deer
Jacinta Eagle Deer was a Brulé Lakota who lived on the Rosebud Indian Reservation in South Dakota. She was notable for accusing William Janklow of having raped her in January 1967 when he was a poverty lawyer and Director of the Rosebud Sioux Legal Services program on the reservation. She had...
filed a petition through her attorney Larry Leventhal and tribal advocate Dennis Banks
Dennis Banks
Dennis Banks , a Native American leader, teacher, lecturer, activist and author, is an Anishinaabe born on Leech Lake Indian Reservation in northern Minnesota. Banks is also known as Nowa Cumig...
to disbar Janklow to keep him from practicing in tribal court. According to Banks, in early 1967 Jacinta Eagle Deer
Jacinta Eagle Deer
Jacinta Eagle Deer was a Brulé Lakota who lived on the Rosebud Indian Reservation in South Dakota. She was notable for accusing William Janklow of having raped her in January 1967 when he was a poverty lawyer and Director of the Rosebud Sioux Legal Services program on the reservation. She had...
, then a 15-year-old Lakota schoolgirl at the Rosebud Boarding School on the Rosebud Indian Reservation
Rosebud Indian Reservation
The Rosebud Indian Reservation is an Indian reservation in South Dakota, United States. It is the home of the federally recognized Sicangu Oyate, also known as Sicangu Lakota, the Upper Brulé Sioux Nation, and the Rosebud Sioux Tribe , a branch of the Lakota people...
, reported to her school principal that William Janklow, for whom she was working as a babysitter, had raped her on January 13. He was said to be her legal guardian.
The Bureau of Indian Affairs
Bureau of Indian Affairs
The Bureau of Indian Affairs is an agency of the federal government of the United States within the US Department of the Interior. It is responsible for the administration and management of of land held in trust by the United States for Native Americans in the United States, Native American...
(BIA), responsible for law enforcement on the reservation at the time, allegedly sent the police investigation case file of the rape (for which it had custody) to its Aberdeen, South Dakota Office to keep it away from the Rosebud Sioux Tribal Court.
Judge Mario Gonzalez of the Rosebud Indian Reservation tribal court granted Eagle Deer's petition to disbar Janklow from practicing law on the Rosebud Reservation. At the request of Eagle Deer's attorneys, the tribal court "issued a misdemeanor arrest warrant for Janklow based on sworn testimony on Eagle Deer's behalf (since it was generally believed at the time that tribal courts had jurisdiction over non-Indians)", but no arrest was made. Janklow denied all allegations connected with the rape case, and was never prosecuted for it.
In 1975, Janklow was investigated by the FBI before being nominated as a candidate for appointment to the board of the Legal Services Corporation
Legal Services Corporation
The Legal Services Corporation is a private, non-profit corporation established by the United States Congress. It seeks to ensure equal access to justice under the law for all Americans by providing civil legal assistance to those who otherwise would be unable to afford it...
. The White House Counsel passed on its recommendation to the Senate Judiciary Committee (which would vote on the nomination), saying its investigation of the rape case concluded there was insufficient evidence.
In April 1975, Jacinta Deer Eagle was killed at night in a hit-and-run accident in southern Nebraska. After her death, Jacinta's step-mother, Delphine Eagle Deer, sister of Leonard Crow Dog
Leonard Crow Dog
Leonard Crow Dog is a Sicangu Lakota medicine man and spiritual leader who became well-known during the takeover of the town of Wounded Knee on the Pine Ridge Indian Reservation in South Dakota in 1973 known as the Wounded Knee Incident. Through his writings and teachings he has sought to unify...
, advocated on the young woman's behalf. Delphine Eagle Deer was murdered in an as yet unsolved case about nine months later in 1976.
State attorney general and four-term governor
Janklow served as South Dakota's attorney general from 1975 to 1979.He was first elected governor in 1978. He was easily reelected in 1982 with 70.9% of the vote, the highest percentage won by a gubernatorial candidate in the state's history. The legislature had repealed the personal property tax the year before he took office, but did not provide a replacement revenue source. Since the personal property tax funded local governments, the legislature mandated that the state government replace the revenue.
In 1979 Janklow signed into law a bill reinstating capital punishment in South Dakota. Another initiative that year was to abolish the state's Department of Environmental Protection, allegedly because of its role in efforts by the Sioux to block resource development in the Black Hills
Black Hills
The Black Hills are a small, isolated mountain range rising from the Great Plains of North America in western South Dakota and extending into Wyoming, USA. Set off from the main body of the Rocky Mountains, the region is something of a geological anomaly—accurately described as an "island of...
. Janklow supported passage of legislation to remove South Dakota's limit on interest rate
Interest rate
An interest rate is the rate at which interest is paid by a borrower for the use of money that they borrow from a lender. For example, a small company borrows capital from a bank to buy new assets for their business, and in return the lender receives interest at a predetermined interest rate for...
s. This attracted banks: for instance, Citibank
Citibank
Citibank, a major international bank, is the consumer banking arm of financial services giant Citigroup. Citibank was founded in 1812 as the City Bank of New York, later First National City Bank of New York...
opened a credit card center in Sioux Falls. Several states had similar laws, overturning previous policies against high rates. Under the federal banking rules a state had to formally invite a bank into their state, and South Dakota invited Citibank before other states.
When the Milwaukee Railroad
Chicago, Milwaukee, St. Paul and Pacific Railroad
The Milwaukee Road, officially the Chicago, Milwaukee, St. Paul and Pacific Railroad , was a Class I railroad that operated in the Midwest and Northwest of the United States from 1847 until its merger into the Soo Line Railroad on January 1, 1986. The company went through several official names...
went into bankruptcy, Janklow called a special session of the legislature on the issue. The state purchased the main line of the defunct railroad. The state leased its property to the Burlington Northern, thereby preserving critical railway shipping of commodities for much of the state. Janklow increased accessibility for the disabled to public and private facilities in state.
Barred by state law from running again in 1986, Janklow challenged the incumbent U.S. Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
James Abdnor
James Abdnor
James Abdnor is a Republican politician from the state of South Dakota.-Personal:He graduated from the University of Nebraska in 1945 where he became a member of the Sigma Chi Fraternity. He served in the United States Army during World War II and from 1957 to 1969 was a member of the South Dakota...
in the Republican primary. Janklow lost, with Abdnor winning by a 55% to 45% margin. The primary battle was considered to weaken Abdnor, contributing to the latter's loss in the general election to Democrat Thomas Daschle, then South Dakota's lone member of the U.S. House of Representatives.
Libel suits
In the 1980s, Janklow filed libel suits against the author Peter MatthiessenPeter Matthiessen
Peter Matthiessen is a two-time National Book Award-winning American novelist and non-fiction writer, as well as an environmental activist...
and Viking Press
Viking Press
Viking Press is an American publishing company owned by the Penguin Group, which has owned the company since 1975. It was founded in New York City on March 1, 1925, by Harold K. Guinzburg and George S. Oppenheim...
for a statement included in the book In the Spirit of Crazy Horse
In the Spirit of Crazy Horse (book)
In the Spirit of Crazy Horse is a book by author Peter Matthiesen chronicling the tumultuous history between the Sioux and the United States government, with emphasis on contemporary events on the Sioux reservations of South Dakota. He focused on the events of the 1970s on the Pine Ridge Indian...
(1983), and another suit against Newsweek
Newsweek
Newsweek is an American weekly news magazine published in New York City. It is distributed throughout the United States and internationally. It is the second-largest news weekly magazine in the U.S., having trailed Time in circulation and advertising revenue for most of its existence...
magazine for its coverage of the alleged rape. The publications had included statements of Dennis Banks
Dennis Banks
Dennis Banks , a Native American leader, teacher, lecturer, activist and author, is an Anishinaabe born on Leech Lake Indian Reservation in northern Minnesota. Banks is also known as Nowa Cumig...
, founder and leader of the American Indian Movement
American Indian Movement
The American Indian Movement is a Native American activist organization in the United States, founded in 1968 in Minneapolis, Minnesota by urban Native Americans. The national AIM agenda focuses on spirituality, leadership, and sovereignty...
(AIM). In each case, the courts upheld the freedom of speech principle for the authors and publishers under the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
of the Constitution.
Matthiessen included a statement by Banks about the rape accusation and drunk driving incident. Janklow, then governor of South Dakota, sued both the author and publisher Viking Press
Viking Press
Viking Press is an American publishing company owned by the Penguin Group, which has owned the company since 1975. It was founded in New York City on March 1, 1925, by Harold K. Guinzburg and George S. Oppenheim...
for libel, which delayed publication of the paperback version of the book until 1992. Janklow's complaint, referring to the statement by Banks about rape, "cited a 1975 letter from Philip Buchen, head of the Office of Counsel to the President of the United States, to the Senate Committee on Labor and Public Welfare, saying that three Federal investigations found the allegations against him 'simply unfounded.' The Senate committee was considering Mr. Janklow's nomination as a director of the Legal Services Corporation
Legal Services Corporation
The Legal Services Corporation is a private, non-profit corporation established by the United States Congress. It seeks to ensure equal access to justice under the law for all Americans by providing civil legal assistance to those who otherwise would be unable to afford it...
..." Janklow's suits were dismissed based on First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
protection of free speech.
Janklow filed a libel suit against Newsweek based on an article in the weekly's February 21, 1983, issue that included the disputed passage by Dennis Banks. Janklow v. Newsweek Inc. (1986), was brought before the United States Court of Appeals for the Eighth Circuit
United States Court of Appeals for the Eighth Circuit
The United States Court of Appeals for the Eighth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Arkansas* Western District of Arkansas...
en banc
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
appealing the decision of the Hon. John B. Jones, United States District Judge for the District of South Dakota, that Newsweek
Newsweek
Newsweek is an American weekly news magazine published in New York City. It is distributed throughout the United States and internationally. It is the second-largest news weekly magazine in the U.S., having trailed Time in circulation and advertising revenue for most of its existence...
magazine had not defamed Janklow. The lower court's decision was affirmed by the appeals court, with BOWMAN, Circuit Judge, joined by ROSS and FAGG, Circuit Judges, dissenting.
Return to governorship
Janklow returned to politics in 1994, when he defeated incumbent Walter Dale MillerWalter Dale Miller
Walter Dale "Walt" Miller is an American politician with the Republican Party. He served as 29th Governor of South Dakota from 1993 to 1995, having succeeded to office upon the death of George S...
in the Republican gubernatorial primary. He was handily elected that year and was reelected in 1998. In his second two terms, he cut property taxes for homeowners and farmers by 30%, but was able to make up the revenue loss caused by the voters' repealing the inheritance tax. Janklow is the longest-serving governor in South Dakota history. He is the only person in the state's history to serve eight full years as governor, which he did twice.
Although controversial, Janklow is among the more electorally successful politicians in South Dakota's history. He was elected to statewide office six times.
Pardons
The Associated PressAssociated Press
The Associated Press is an American news agency. The AP is a cooperative owned by its contributing newspapers, radio and television stations in the United States, which both contribute stories to the AP and use material written by its staff journalists...
, in conjunction with the Sioux Falls newspaper Argus Leader
Argus Leader
See also List of newspapers in South DakotaThe Argus Leader is the daily newspaper of Sioux Falls, South Dakota. It is South Dakota's largest newspaper by circulation.-Description:...
, filed a Freedom of Information Act request to obtain information on pardons granted by Janklow between 1995 and 2002. Reporters found that the pardons did not follow the statutory process, which requires pardons to be reviewed by an independent commission. Among Janklow's pardons was one for his son-in-law, William Gordon Haugen II, for convictions for drunk driving and marijuana possession.
Election to Congress
In 2002, Janklow ran for the Republican nomination for South Dakota's only House seat. He defeated the Democratic candidate, Stephanie Herseth, an attorney, by a vote of 180,023 to 153,656. She is the granddaughter of former governor Ralph HersethRalph Herseth
Ralph E. Herseth was the 21st Governor of South Dakota from January 6, 1959 to January 3, 1961.-Background:Herseth was born in Houghton, South Dakota. to Lars Herseth and Oline Afseth Herseth. He graduated from Columbia High School, in Brown County, South Dakota. He attended Northern State...
and his wife Lorna Herseth, former state Secretary of State for South Dakota.
Vehicular manslaughter
On August 16, 2003, Janklow was involved in a fatal traffic collision while driving his car, when he failed to stop at a stop sign. A motorcyclist, Randolph E. Scott, struck his vehicle and was killed. The accident occurred at a rural intersection near Trent, South DakotaTrent, South Dakota
Trent is a town in Moody County, South Dakota, United States. The population was 232 at the 2010 census.-Geography:Trent is located at , along the Big Sioux River....
. Scott, a 55-year-old Minnesota
Minnesota
Minnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state...
n, was thrown from his motorcycle and killed instantly. Janklow's vehicle traveled 300 feet beyond the point of impact and hit a sign in a field. He suffered a broken hand and bleeding on the brain. In the ensuing investigation, officials determined Janklow was driving at least 70 miles per hour in a 55 mph zone and that he ran a stop sign
Stop sign
A Stop sign is a traffic sign to notify drivers that they must stop before proceeding.-Specifications:The Vienna Convention on Road Signs and Signals proposed standard stop sign diameters of 0.6, 0.9 or 1.2 metres. UK and New Zealand stop signs are 750, 900 or 1200 mm, according to sign...
at the intersection where the crash occurred.
Janklow was arraigned
Arraignment
Arraignment is a formal reading of a criminal complaint in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea...
on August 29. He said he "couldn't be sorrier" for the accident. His trial began on December 1. In his defense, his lawyer said that he suffered a bout of hypoglycemia
Hypoglycemia
Hypoglycemia or hypoglycæmia is the medical term for a state produced by a lower than normal level of blood glucose. The term literally means "under-sweet blood"...
, or low blood sugar, and was "confused" and "mixed up." Janklow testified that he had taken an insulin shot
Insulin therapy
Insulin therapy is the treatment of diabetes by administration of exogenous insulin.Insulin is used medically to treat some forms of diabetes mellitus. Patients with Type 1 diabetes mellitus depend on external insulin for their survival because the hormone is no longer produced internally...
the morning of the accident and had not eaten anything throughout day. Medical witnesses said this could result in low blood sugar. No witnesses testified as to Janklow's record of three previous accidents and twelve speeding violations; his driving history had been widely reported in the local media.
Robert O'Shea, an accident reconstruction
Vehicular accident reconstruction
Vehicular accident reconstruction is the scientific process of investigating, analyzing, and drawing conclusions about the causes and events during a vehicle collision...
expert, testified at the trial that he estimated the Congressman's speed to be 63 or 64 miles per hour at the time of impact. This was based on data from the electronic data recorder
Event Data Recorder
An event data recorder or EDR is a device installed in some automobiles to record information related to vehicle crashes or accidents. In modern diesel trucks, EDRs are triggered by electronically sensed problems in the engine , or a sudden change in wheel speed. One or more of these conditions...
of the Cadillac and "his own analysis". The State Highway Patrol had said in testimony that it estimated Janklow's speed as "at least 70 mph." The State was not able to download the data from the car because they did not have the connector needed. From his analysis, O'Shea said Scott's motorcycle’s speed may have been as much as 65 mph; this was in contrast to the Highway Patrol's estimate of 59.
Examples of Janklow's violations covered in the press were his receiving a ticket for speeding on his motorcycle four blocks from his home to the Capitol
South Dakota State Capitol
The South Dakota State Capitol is the state capitol building of the U.S. state of South Dakota. Housing the South Dakota State Legislature, it is located in the state capital of Pierre at 500 East Capitol Avenue. The building houses the offices of most state officials, including the Governor of...
, and another for not having the proper license endorsement to drive the vehicle. The superintendent of the state highway patrol reported that Janklow had 16 traffic stops by troopers during his last term as governor but was not ticketed, due to "respect for his authority," and out of a "fear of retribution." From 1990–1994, Janklow had 12 speeding tickets, with fines totaling $1000.
On December 8, 2003, Janklow was convicted by a Moody County jury of second-degree manslaughter
Manslaughter
Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates...
. A few days later, he resigned his seat in Congress effective January 20, 2004. House rules do not allow congressmen who are convicted of felonies to vote or participate in committee work until the House Ethics Committee conducts an investigation. On January 22, Janklow was sentenced to spend 100 days in jail. After 30 days, he was able to leave the jail for several hours each day in order to perform community service
Community service
Community service is donated service or activity that is performed by someone or a group of people for the benefit of the public or its institutions....
. He was released on May 17, 2004.
Scott's family sued Janklow for damages, but the court ruled that because Janklow was on official business at the time, he was protected from any monetary claims by the Federal Tort Claims Act
Federal Tort Claims Act
The Federal Tort Claims Act or "FTCA", , is a statute enacted by the United States Congress in 1948. "Federal Tort Claims Act" was also previously the official short title passed by the Seventy-ninth Congress on August 2, 1946 as Title IV of the Legislative Reorganization Act, 60 Stat...
, which ascribes liability to the government as opposed to the individual who is acting in a governmental capacity. In July 2006, Scott's family filed a $25 million wrongful death suit against the U.S. government. The lawsuit was settled for $1 million on May 14, 2008.
Court records show Janklow received five citations in South Dakota since his probation ended in 2007 – four for speeding and one for clipping a car in a Sioux Falls parking lot. A citation for lacking proof of insurance was later dismissed. He has also admitted to getting ticketed in Minnesota and while driving to Texas.
Post-political career
Janklow works as an attorney. On January 5, 2006, the South Dakota Supreme CourtSouth 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 governor and selected from five different appointment districts. Justices face a nonpolitical retention election three years after appointment...
granted his petition for early reinstatement of his license to practice law, effective February 2006; Scott's family opposed the reinstatement. In spring 2006, the Mayo Clinic
Mayo Clinic
Mayo Clinic is a not-for-profit medical practice and medical research group specializing in treating difficult patients . Patients are referred to Mayo Clinic from across the U.S. and the world, and it is known for innovative and effective treatments. Mayo Clinic is known for being at the top of...
retained him to lobby against the DM&E Railroad expansion. He also represents landowners who are seeking reimbursement from the railroad for the taking of their property.
On November 4th, 2011, he annouced during a press conference that he has terminal brain cancer and his prognosis is very poor. He will be returning to the Mayo Clinic to try some experimental treatments.