May/June 2016 - South Dakota Trial Lawyers Association

May/June 2016
ISSUE 286
Inside this issue……
An Interview with the Honorable
Steven Jensen —see page 6
Board of Governor Candidate Profiles
- beginning on page 16
Annual Meeting Agenda
& Ballot—page 22
And so much more…..
SDTLA Annual Meeting
Lunch and Elections
Thursday, June 23, 2016
11:30 a.m.
(Bar & Ballots available at 11:00 a.m.)
Ramkota Hotel
Harvest Room
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 16, 2016 which is seven days prior to the annual meeting.
May/June 2016
Page 2
P r e s i d en t ’ s M ess ag e … .
By Steven C. Beardsley
Officers
President: Steven C. Beardsley
President-Elect: Margo T. Julius
Secretary-Treasurer: Ryan Kolbeck
Board of Governors
Timothy Rensch, AAJ Delegate
Aaron D. Eiesland, AAJ Delegate
Clint Sargent, AAJ Governor
Terrence R. Quinn, AAJ Governor
Nathan R. Oviatt, AAJ Young Governor
Stanton A. Anker
Amy R. Bartling
Michael S. Beardsley
Casey W. Fideler
Alecia E. Fuller
Raleigh E. Hansman
Jason KW Krause
Melissa B. Nicholson Breit
Kasey L. Olivier
Robbie J. Rohl
McLean Thompson Kerver
T.J. Von Wald
Joshua G. Wurgler
Past Presidents
Immediate Past President
G. Verne Goodsell
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—Steven S. Siegel
Stephanie E. Pochop
Association Office
104 W Spring Creek Dr — PO Box 1154
Pierre, SD 57501-1154
605-224-9292
[email protected] (email)
Sara Hartford—Executive Director
GO GET A HUG
I have been practicing law for many years. Luckily
I have had the opportunity to represent many injured plaintiffs. The injuries have varied from very
serious physical injuries to very serious emotional
injuries. There are also the run of the mill cases,
which are not catastrophic, but can be life changing for them.
For some, the payoff is not enormous. In addition,
the payoff to the law firm is not enormous either.
Although you cannot spend it, most of the time you
do get a hug from your client.
I am not trying to be sappy or melodramatic. When
we represented a young lady who was raped by a
jailer, her own victory was greater than the monetary award. It was greater for us as well. This lady
was told, by the jury, that someone believed her;
that someone believed “in her” as well.
When hard working, blue collar plaintiffs get injured and we can help them get fair
compensation, there is reward for both the plaintiff and the attorney. Most of our
clients live from paycheck to paycheck. A disruption of income can be devastating.
If you can champion their cause and help them, the reward is substantial.
There are times the outcome is not what they want. Still, generally, they know
someone fought for them, stood up for them, and championed their battle. Ninetynine percent of the time a bond develops between your client and you. The payoff is
not simply money; sometimes it is just a hug.
That appreciation, affection, and bond does not take place on the other side of the
coin. Usually the defense side involves a business decision, not a life altering decision.
I have practiced law since 1978. I have been lucky to represent hundreds of injured
people. My favorite times in the practice of law have involved a hug at the end of
the “battle.”
We are lucky to get that opportunity. My advice: Go Get a Hug.
SAVE THE DATE
SDTLA ANNUAL SEMINAR &
GOLF TOURNEY
May 11-12, 2017
Grand Falls Resort
Larchwood, IA
May/June 2016
Page 3
EDITOR’s Notes & Comments
Marie H. Ruettgers
In this issue you will find the third interview in a series of interviews in which we hope to spend a little time with each
judge and justice of South Dakota's Unified Judicial System. This issue features the Honorable Steven Jensen, of the
First Judicial Circuit. Judge Jensen was kind enough to spend
some time with me on the telephone sharing his background,
and accomplishments as a practicing trial attorney, and as a
judge. Gracious, funny, and humble, Judge Jensen has some
sage advice for improving our cross examinations.
Also in this issue are short biographies for each of the candidates for the upcoming
SDTLA elections at our annual meeting on June 23, 2016, at 11:30 a.m. Absentee ballots are available from Sara at [email protected], and they must be returned postmarked not later than June 16, 2016.
Summer is officially upon us. Enjoy the warm weather, and we will see you at the annual meeting on June 23.
Marie
NOTE TO YOUR ACCOUNTANT:
The NON-Deductible percentage
Of your paid dues for the FY 14/15
36%
May/June 2016
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
Alicia 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
June 2014
Clint Sargent
Raleigh Hansman
Ronald Parsons
Joseph Kosel
Page 4
SDTLA Calendar of Events
2016
June 22
Board Meeting at Bar Convention
Sioux Falls, 11 am
June 23
Annual Meeting and Elections
Ramkota Sioux Falls
July 14
Board conference call
August 18
Board meeting, 11 am, Vermillion
1Ls Event 1pm,
USD Law School Courtroom
September 15
Board conference call
October 21
Board meeting w/Chief Justice, Pierre
November 17
Board conference call
December 15
Board conference call
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.
May/June 2016
Page 5
SUSTAINING MEMBERS
Scott A. Abdallah
Charlie Abourezk
Michael C. Abourezk
Grant G. Alvine
Kenneth E. Barker
Steven C. Beardsley
John P. Blackburn
John William Burke
Michael J. Butler
Renee H. Christensen
J. Michael Dady
Gregory A. Eiesland
Aaron Eiesland
Jay R. Gellhaus
G. Verne Goodsell
Scott N. Heidepriem
Scott G. Hoy
John R. Hughes
Gary D. Jensen
Brendan V. Johnson
Steven M. Johnson
George Johnson
Margo T. Julius
David J. King
Ryan Kolbeck
Jeff A. Larson
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
Thomas J. Von Wald
Thomas K. Wilka
Michael A. Wilson
James D. Leach
Brad J. Lee
Michael F. Marlow
Lee C. 'Kit' McCahren
Mark V. Meierhenry
Bret C. Merkle
N. Dean Nasser
James S. Nelson
Melissa B. Nicholson
Stephanie E. Pochop
Terence R. Quinn
Timothy J. Rensch
James C. Roby
Sustaining members pay $700 in dues each year, which entitles them to a discounted attendance at the Association’s annual 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
Stephanie E. Pochop
$500 ANNUAL
Nicholson Tschetter Adams & Nicholson
$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
$300 ANNUAL
G. Verne Goodsell
$1000 ANNUAL
Beardsley Jensen & Lee
Dorothy & Krause
Heidepriem Purtell & Siegel
Johnson Janklow Abdallah
Reiter & Parsons
Meierhenry Sargent
Turbak Law
$900 ANNUAL
Gary D. Jensen
$600 ANNUAL
Terry L. Hofer
Margo T. Julius
Mark V. Meierhenry
James C. Roby
Michael J. Schaffer
Whiting Hagg & Hagg
Michael A. Wilson
$250 ANNUAL
Johnson Eiesland Law Office
Johnson Pochop & Bartling
Lynn Jackson Shultz & Lebrun
Schoenbeck Law
Waltner Kolbeck Law Firm
$180 ANNUAL
Alecia E. Fuller
Brad J. Lee
$150 ANNUAL
Christopherson Anderson Paulson & Fideler
$120 ANNUAL
Richard A. Engels
Robert B. Frieberg
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
Terry Quinn
Fred J. Nichol Award for
Outstanding Jurist
Hon. Ernest W. Hertz – 2000
Hon. Andrew W. Bogue - 2001
Hon. John B. Jones – 2002
Hon. George W. Wuest - 2003
Hon. Marshall P. Young – 2004
Hon. Robert A. Amundson – 2005
Hon. Lawrence L. Piersol – 2006
Hon. Richard W. Sabers – 2007
Hon. Judith K. Meierhenry - 2008
Hon. Tim D. Tucker – 2009
Hon. David R. Gienapp - 2010
Hon. Jack Von Wald – 2011
Hon. John W. Bastian - 2012
Hon. David Gilbertson -2013
Hon. John K. Konenkamp—2014
Hon. Janine Kern—2015
TRIAL LAWYERS OF THE YEAR
87-88
88-89
89-90
90-91
91-92
92-93
93-94
94-95
95-96
96-97
97-98
98-99
99-00
00-01
01-02
02-03
03-04
04-05
05-06
06-07
07-08
08-09
09-10
10-11
11-12
12-13
13-14
14-15
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
Linda Lea Viken
Clint Sargent
May/June 2016
Page 6
An Interview with the Hon. Steven Jensen*
By Marie Ruettgers
Judge Steven Jensen grew up near Wakonda, South Dakota, on his family’s farm. After graduating from high school, he attended Bethel College in St. Paul, Minnesota,
graduating in 1985. His lifelong interest in government and history led him to major in
Political Science, and as Judge Jensen said “and of course you have to go on and find
something to do with your life after majoring in poli-sci.” It was not until his junior year
of college that his interest in government and history led him to consider law school.
A semester as an intern in Senator Chuck Grassley’s office during his junior year laid
the groundwork for Judge Jensen’s career in law. He met Charlie Jarvis, then Legislative Director for Senator Grassley and an attorney. Jarvis took the time to mentor
Judge Jensen that summer and impressed upon him the importance of the law and its
importance to an orderly society. Jarvis’ mentoring helped spark an interest in the law,
particularly trial work.
Judge Jensen was admitted to the University of South Dakota, School of Law in the fall
of 1985, graduated in 1988, and took the South Dakota Bar examination. He clerked
for former South Dakota Supreme Court Justice Richard W. Sabers for one year in
Pierre. When asked what the best thing was about living in Pierre, Judge Jensen answered enthusiastically “meeting
my wife, Sue!”
Judge Jensen and his wife have three children. Their eldest, Rachel, was recently married and works full-time in Minneapolis. She will begin a master’s degree program in counseling this fall. Their middle child, Ryan, recently completed
his freshman year at Oral Roberts University in Tulsa, Oklahoma, and plans on attending physical therapy school.
Their youngest child, Andrew, is a freshman at Dakota Valley High School, and appears to be “a science and math guy”
according to his father.
After his clerkship with Justice Sabers, Judge Jensen accepted a position with the Crary Huff Law Firm in Sioux City,
Iowa. The only hitch? Judge Jensen had to sit for his second bar examination in taking the Iowa Bar examination.
The Iowa Bar examination was, at that time, written by attorneys admitted to the Iowa Bar. “I thought the Iowa Bar exam was a much better test for determining whether a person could practice law. The multistate exam I had taken the
year before was a bizarre in comparison.” It is safe to say that those of us who have taken the multistate bar examination wholeheartedly agree with him.
Judge Jensen practiced in both Iowa and South Dakota for the next 14 years, primarily in civil litigation. He helped open
the firm’s office in Dakota Dunes, South Dakota. Commercial and employment litigation representing small business
and banks became the bulk of his work, as well as some bankruptcy work. “I didn’t fully realize what trial work was
when I first started. You walk in with the belief that you’re invincible, and then you begin to realize how difficult and
challenging the litigation can be.”
In October 2003, after 20 to 25 jury trials and countless bench trials in both state and federal court, an opening in the
First Judicial Circuit became available and Judge Jensen applied. Then Governor Mike Rounds appointed Judge Jensen to the First Judicial Circuit after the vacant position was moved to the eastern part of the circuit in Elk Point. Judge
Jensen was Governor Round’s second judicial appointment. In 2011, Judge Jensen became the Presiding Judge for
the First Judicial Circuit. After 13 years on the bench, Judge Jensen remarks, “It’s hard to believe it’s been that long!”
Judge Jensen advises those who are interested in becoming a judge to spend as much time as possible in the courtroom, and to get familiar with court procedure and process. “Typically, I see more prosecutors, criminal defense attorneys, and family law attorneys in my courtroom than civil litigators. So much of civil litigation is done now out of the
courtroom through discovery, depositions, and mediation.” But, Judge Jensen does not believe judgeships are limited
to those who have done extensive trial work. Those who are interested in pursuing a career as a judge benefit from
having worked up cases and from spending time in the courtroom, but he notes that there have been some very good
judges that did not spend a lot of time in the court room before becoming a judge. His best advice to aspiring judges,
“Treat your clients, other lawyers, court staff, and judges with respect. Some of those people will be the ones who will
talk to the Judicial Qualifications Commission about you when you apply.”
Continued on page 15
May/June 2016
Page 7
SDTLPAC 2nd Annual Golf Tournament
THANK YOU SPONSORS!!
Over $8,200 Raised
PLATINUM
Beardsley Jensen & Lee
Dorothy & Krause
Heidepriem Purtell & Siegel
Johnson Janklow Abdallah
Reiter & Parsons
Meierhenry & Sargent
Turbak Law Office
GOLD
Nicholson Law
SILVER
Johnson Eiesland Law Office
Johnson Pochop & Bartling
Lynn Jackson Shultz & Lebrun
Schoenbeck Law
Waltner Kolbeck Law Firm
PIN PRIZES
Christopherson Anderson Paulson & Fideler
Dakota Homestead
JJ’s Wine Spirits & Cigars
Sunflower Realty
May/June 2016
Page 8
FIRST PLACE GOLF TEAM WINNERS
JOHNSON LEE SIEGEL & SARGENT
John Blackburn, Winner of
3rd Annual Storytellers Award,
Poses with Judges
May/June 2016
Page 9
May/June 2016
Page 10
News Release
The “Richard S. Arnold Award for Distinguished Service and Lifetime Achievement” was recently awarded by the Association of the Bar for the United
States Court of Appeals for the Eighth Circuit to James D. Leach of Rapid City,
South Dakota. Jim graduated from Amherst College in 1972 and received his
law degree from Washington University in 1975 and has practiced in South Dakota since 1979 in the areas of Workers' Compensation, Social Security, Serious Personal Injury, ERISA, Civil Rights, Insurance Bad Faith, and Election
Law. Jim is a former Chair of the South Dakota Board of Bar Examiners. He
has published articles in national legal publications about social security law,
workers' compensation, cross-examination, environmental law, and how the
courts and government treat Native Americans. Based on ratings by other lawyers, Jim is a Super Lawyer, which is limited to 5% of attorneys in South Dakota. He is listed, again based on ratings by other lawyers, in Best Lawyers in
America, 19th edition, which has been described by The American Lawyers as
"the most respected referral list of attorneys." Some of Jim’s notable cases
include Thurman v. CUNA Mutual Insurance Society, 836 N.W.2d 611 (S.D.
2013), holding that a consumer fraud lawsuit can proceed as a class action, Schilf v. Eli Lilly, 687 F.3d 947 (8th
Cir. 2012), holding that the parents of a teenage boy who committed suicide after taking Cymbalta, an antidepressant, are entitled to a jury trial, and Richard v. United States, 677 F.3d 1141 (Fed. Cir. 2012), holding that the
families of two Lakota people who were killed by a drunken driver on the Pine Ridge Reservation have a legal
claim against the federal government under the 1868 Fort Laramie Treaty. In nominating Jim for the award, the
District Court Judges for the United States District Court for South Dakota said of him: “Our district judges are
unanimous in supporting Jim Leach's nomination for this coveted award. Jim Leach has a long history of taking
on civil pro bono cases for indigent people. He often serves as a mentor to less experienced attorneys. He is a
frequent contributor to State Bar and trial lawyer publications. Jim is widely respected by his colleagues and
judges.”
In accepting the award, Jim said: “I had the privilege of arguing six cases in front of Judge Arnold. When I
learned that I was going to receive this award, I looked at what people have written about him, about why he was
such a good judge, and why he so impressed people as a person. … Judge Arnold makes me think of what Antoine de Saint-Exupery wrote in The Little Prince: ‘And now here is my secret, a very simple secret: It is only
with the heart that one can see rightly; what is essential is invisible to the eye.’ In addition to all his other talents, Judge Arnold, in my opinion, saw with his heart. And this is what made him such a good judge, and why
so many people loved him.”
The award was presented during a breakfast at the Judicial Conference for the Eighth Circuit held in Rogers,
Arkansas on May 5, 2016. The award is named in honor of former Chief Judge Richard S. Arnold, who led a distinguished career that included graduating first in his class at Yale University and Harvard Law School. Judge
Arnold clerked for Justice William Brennan on the United States Supreme Court before entering private practice
and serving on the Eighth Circuit Court of Appeals. Judge Arnold’s biographer said that he was “perhaps the
best judge never to serve on the Supreme Court.” Judge Morris Arnold, United States Circuit Judge for the
Eighth Circuit, gave an entertaining and heartfelt keynote speech about his brother, Judge Richard Arnold. The
award is fitting for Mr. Leach, who likewise has achieved a lifetime of distinguished service.
Congratulations Jim from the entire
membership of SDTLA!!!!
May/June 2016
Page 11
May/June 2016
Page 12
South Dakota Trial Lawyers Association
Notice of 2016-2017
MEMBERSHIP DUES
DUE July 1, 2016
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 _________________________________________________ Email 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 57501-1154
* 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 seminar has a discounted fee 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.
May/June 2016
Page 13
May/June 2016
Page 14
SOUTH DAKOTA TRIAL LAWYERS ASSOCIATION
Board of Governors Conference Call Minutes—April 14, 2016
On the call: Steve Beardsley, Margo Julius, Ryan Kolbeck, Nate Oviatt, Clint Sargent, Tim Rensch, Alecia Fuller, Casey Fideler, Kasey Olivier, Mike Beardsley, Stanton Anker, Amy Bartling and Sara Hartford. A quorum was on the call.
President Beardsley called the meeting to order. Hartford gave the treasurers report and fielded questions regarding the
third quarter budget report. Account balances are $16,132 in operations, $11,042 in savings, $5,111 in the reserve
fund, 2 CDs - $10,000 each and in the PAC account there is $37,355. Julius made a motion to approve the report,
Rensch seconded. Motion unanimously passed.
Under old business, President Beardsley gave an update on the Meade County Magistrate issue. Judge Day held a
meeting in the Meade County courthouse with all of the interested parties which included from SDTLA Beardsley,
Beardsley, Kolbeck and Rusch on February 5th. Since that meeting, Meade Co States Attorney Kevin Krull has proposed to revise the way Rally court is held allowing the defendants to bond out and then appear in court the next day to
plea. Kolbeck will follow up on Krull proposal to find out the status of approval or modification and report back to the
board.
Under new business, Hartford asked the board for approval to co-sponsor the Young Lawyers Legalpalooza on June 22.
There was discussion. Rensch made a motion to contribute $500, Fideler seconded. Motion unanimously carried.
Fuller reported the process has begun to select next year’s Law Student Liaison. Deadline to apply is April 29 th.
Hartford reported the annual meeting committees will all meet in May to select award recipients, set a budget for next
year and establish a ballot for the board of governors election.
Next Board meeting is Thursday, May 12, 2016 at 8 am Mountain at the Lodge of Deadwood. Breakfast will be
served.
Meeting adjourned.
SDTLA Board of Governors
Meeting Minutes—May 12, 2016
In attendance: Margo Julius, Ryan Kolbeck, Verne Goodsell, Nate Oviatt, Tim Rensch, Aaron Eiesland, Alecia Fuller,
Melissa Nicholson Breit, McLean Kerver, Kasey Olivier, Mike Beardsley, Stanton Anker, Jason Krause, Amy Bartling and
Sara Hartford. President Beardsley joined the meeting late. Lobbyist Tellinghuisen was also present. A quorum was
present.
President Elect Julius called the meeting to order and asked for approval of the April 14 minutes. Rensch made a motion to approve as presented, Krause seconded. Motion unanimously carried.
Kolbeck gave the treasurers report. Account balances are $19,238 in operations, $11,043 in savings, $5,111 in the reserve fund, 2 CDs - $10,000 each and in the PAC account there is $28,488.
Under old business, Kolbeck gave an update on the Meade County Magistrate issue. He would like to have some type
of understanding between all parties involved by July. Kolbeck will follow up with Judge Day.
Under new business, Oviatt explained the Supreme Court opinion on the statute of limitations in medical malpractice
cases with it now two years from the date of the injury or negligent act to bring a suit.
Fuller reported three applications were received for next year’s Law Student Liaison. All candidates are equally qualified. There was a suggestion to approve all three as our liaisons. She will report back to the board.
Kerver reported there is a full ballot for the upcoming elections. Hartford reported the annual meeting committees are
meeting in May to select award recipients and set a budget for next year.
Next Board meeting is Wednesday, June 22, 2016 at 11 am Central at the Ramkota Inn, Conference Room II in
Sioux Falls. Lunch will be served.
Meeting adjourned.
May/June 2016
Page 15
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.
Second Circuit
Bethanna M. Feist
2121 W. 63rd Pl, #10, Sioux Falls, SD 57108
370-5088, Ext. 102
Family Law; limited Criminal Defense
Meghann Joyce
Boyce Greenfield etal
PO Box 5015, Sioux Falls, SD 57117
336-2424
Family law, Civil Litigation and Insurance Litigation
Melissa Fiksdal
Jeff Larson Law
400 N Main Ave #207, Sioux Falls SD 57104
275-4529
Family Law, Criminal Defense
Eric J. Ronke
Ronke and Feist Law Firm
2121 W. 63rd Pl, #10, Sioux Falls, SD 57108
370-5088
Business Law, Bankruptcy, Collections, Estate Planning, Landlord/Tenant
Cesar Juarez
Goosmann Law Firm
5010 S Minnesota, Sioux Falls, SD 57108
371-2000
Employment Law, Family Law & General Civil Litigation
Fourth Crcuit
Brian Baczwaski
Baczwaski Law Office
PO Box 454, Deadwood, SD 57732
717-0078
General Civil Litigation, Real Property, Business Law/Formation,
Estate Planning
Continued from page 6
When it comes to what Judge Jensen likes or does not like to see in the courtroom, he says “I’m pretty tolerant.” He
adds, “If there is something a lawyer is doing repeatedly that I don’t like, I will typically address it on a break from court
or after the hearing or trial is over.” Judge Jensen says, “I’m generally very fortunate in terms of the lawyers who appear
before me. They are skilled, work hard, get along well, and are prepared.”
When asked about areas of trial practice that lawyers could improve, he mentioned cross examination. “Sometimes
cross examination to me seems like it’s asking the same questions as those posed on direct and hoping for a different
answer.” Judge Jensen believes cross examination is an art, and one that comes back to preparation and thinking
through the theory of your case. His best advice, “cross examination doesn’t need to be long to be effective. You can
typically make your points or diminish the credibility of a witness with a few questions, then sit down before you rehabilitate them.”
When asked if he plans to retire from the bench, Judge Jensen laughs and says, “It depends on the day you ask me that
question. I enjoy being a judge.” Judge Jensen adds “Judges address some of the most important issues in people’s
lives that they can’t resolve on their own, especially in family law where we see the largest volume. One of the most
significant responsibilities of a judge is to apply the rule of law in an even-handed manner. A judge can do a lot of good
presiding over a courtroom that provides a just, fair and impartial resolution of issues.”
* Judge Steven Jensen is the Presiding Judge for the First Circuit Court, and is based in Elk Point, South Dakota.
May/June 2016
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SDTLA ELECTION 2016 CANDIDATE PROFILES
FOR PRESIDENT-ELECT:
Ryan Kolbeck
“The opportunity to become President-Elect of the South Dakota Trial Lawyers Association is a privilege. Your vote would be an honor. I can only hope that my contributions to the organization come close to what I have received from the organization, on
both a professional and personal level. As an organization our actions must mirror our
goals, with the enhancement of our goals being essential to our clients, our profession,
our state, and our country. I am constantly impressed with what our organization accomplishes as a group each year. I am consistently in awe at the quality of the seminars our organization provides to enhance our individual skills. I am committed to
working tirelessly to continue to accomplish our goals and provide the best training for
our members as your President-Elect.“
Ryan Kolbeck first joined the SDTLA Board of Governors in 2007 while working with the Minnehaha County Public Defender’s Office and helps provide the ‘criminal perspective’ to the Board of Governors. Ryan worked for two years with
the Hoy Trial lawyers learning the plaintiff civil practice and in 2014 joined a partnership now called the Waltner and Kolbeck Law Firm. Ryan specializes in criminal defense, with a desire to expand his plaintiff practice. Ryan lives in Sioux
Falls with his wife Gloria and their son, Cruz. In his free time Ryan enjoys long-distance running, fast-pitch softball,
camping and snow skiing.
FOR SECRETARY-TREASURER:
“I have had the opportunity to be an elected member of the SDTLA Board of Governors
since 2005. In my years as a member of the Board of Governors, I have been a cochair of the seminar committee and had the fantastic opportunity to work with some of
the best trial lawyers in the state to put on educational and invigorating seminars tailored to those in the trial practice. Additionally, I have had the opportunity to review,
discuss and help mold State legislation that furthers the abilities of our lawyers in the
state. I hope to continue my involvement as the Secretary – Treasurer.”
TJ Von Wald
Thomas (TJ) Von Wald graduated from the University of South Dakota School of
Law in May of 2004. Upon graduation from law school, TJ served as the Law Clerk for
the First Judicial Circuit Court in Yankton. After his clerkship TJ worked at the Bangs
McCullen Law Firm in both Rapid City and Sioux Falls. In June of 2012, TJ took a
position with the Boyce Law Firm in Sioux Falls where he is a partner. TJ is admitted
to practice in state and federal court in South Dakota and is also a member of the
South Dakota Bar Association, the South Dakota Trial Lawyers Association, The
South Dakota Defense Lawyers Association, and the American Bar Association. TJ’s
practice focuses on workers’ compensation, civil litigation and trial practice.
FOR AAJ DELEGATE 15-17
“One of the most important attributes for an attorney is giving back to the profession. I have been involved in the SDTLA since law school and have leaned upon
many different Trial Lawyers from across the state to help me pursue justice for my
clients. For the past few years I have been one of the State Delegates to American
Association of Justice. In this role, I represent SDTLA’s interests with other Trial
Lawyer’s Associations across the country. I have been an AAJ member since I became an attorney. I am a firm believer that the work done by SDTLA and AAJ benefits not only trial lawyers and clients, but the public at large. I sincerely desire to be a
part of this larger community benefit and would relish the opportunity to continue to
be a State Delegate to AAJ.”
Aaron Eiesland
Aaron
Eiesland
Aaron Eiesland is an attorney with Johnson Eiesland Law Office in Rapid City. He
received his Bachelor’s Degree in Business and Marketing from the University of Wyoming at Laramie in 1996 and his JD from the USD, School of Law in 2000.
Aaron practices civil trial litigation representing plaintiff's in all types of cases and is
committed to continuing education through his involvement as a member of the State
Bar of South Dakota, SDTLA and AAJ. He has also participated with the Trial Lawyers College. Aaron is a 2012 graduate of the American Association of Justice’s Ultimate Trial Advocacy Course at Harvard University School of Law.
May/June 2016
Page 17
FOR AAJ GOVERNOR 15-18
“I have served as your governor for many years. During that time, I have proudly represented the SDTLA and have had the opportunity to work with the leaders of AAJ
(formerly ATLA) as well as being appointed to serve upon crucial committees in AAJ/
ATLA. This has allowed me to bring nationally recognized speakers and individuals to
our state. If elected I would continue to do the above for SDTLA.”
Terry Quinn is an attorney practicing with the firm of Goodsell Quinn, L.L.P., with offices in Rapid City, South Dakota. He has more than 35 years of trial experience, and has
authored many articles on trial practice as well as co-author of "Anatomy For Attorneys", reprinted recently as "Medical Evidence" by James Publishing.
Quinn practices complex civil litigation, concentrating in the areas of medical malpractice, product liability, environmental and business and commercial litigation. He lectures
Terry Quinn
extensively throughout the United States on various trial-related subjects. Quinn is an
Adjunct Professor of Law, concentrating his professional responsibilities on the subject
of negotiation, settlement and jury persuasion.
Quinn, the recipient of the prestigious South Dakota Trial Lawyer of the Year Award, is the Past President of the State
Bar of South Dakota; Past President of the South Dakota Trial Lawyers’ Association, and presently serves on the Board
of Governors for the South Dakota Trial Lawyers Association, as well as the American Association for Justice. He has
served as Chair of the Board of Trustees for the National College of Advocacy.
Quinn served on the faculty for the National College of Advocacy "Ultimate Course in Trial Advocacy", and has served in
such positions at Harvard University School of Law, Hastings School of Law, the University of Wisconsin School of Law,
Arizona State University School of Law, as well as other major university law schools. He is a member of the South Dakota Trial Lawyers’ Association, American Association for Justice, the American Adjudicature Society, the American Society of Law & Medicine, the International Society of Barristers, and the American Board of Trial Advocates.
For Four At-Large Board of Governors (2016-18):
“I believe there are issues confronting our profession that need to be addressed. Far
too often it seems we are not able to help people because it will be “too expensive”.
The cost of people gaining access to the justice system keeps increasing. Some
steps have been taken recently to help with this by the introduction of the small case
rules. However, more can and must be done.
There is also a need to reform some of our criminal laws. It seems that our state and
country are creating more and more criminal enterprise. Everything is slanted in favor of the prosecution and the rights of the citizens of this country continue to be
stripped away.
I want to be a part of the solution and work to make this profession better for us, the
lawyers, and better for our clients.”
Stanton Anker
Stanton A. Anker is a shareholder of Anker Law Group, P.C. His practice areas includes business and commercial litigation, estate planning and probate administration, bankruptcy law and litigation, tax law and appeals to the US Tax
Court, and criminal law. He received his bachelor’s degree in business administration with an emphasis in accounting
from the University of Northern Colorado and received his JD from Gonzaga University.
Stanton resides in Rapid City with his wife, Amber, and their two daughters, Abigail and Makenzie. When he is not
spending time with his family, he enjoys playing golf and fly fishing.
May/June 2016
Page 18
“Being a member of SDTLA has given me an opportunity to receive great trial advocacy practice tips from some of the best trial lawyers in the nation. Through my membership, I have built relationships with attorneys from all over the state, which makes my
practice better because I have a relationship with co-counsel outside of the courtroom.
As a “young” lawyer, I am aware of some of the changes that are presenting the State
Bar over the next few years. I would like to continue to serve on the board of SDTLA to
ensure that this great organization continues to attract trial lawyers and provide quality
mentorship and training. As the practice of law changes with the new lawyers entering
the field, SDTLA needs to be amenable to change while holding on to the traditions
that have made this organization great. I would appreciate your vote and the opportunity to serve again.”
Amy R. Bartling is a 2010 Graduate from the University of South Dakota School of
Law. Originally from Gregory, South Dakota, Amy graduated from Gregory High
School and received her B.S. in Criminal Justice from the University of Nebraska Lincoln in 2007.
Amy Bartling
Amy Bartling
Amy’s legal interests include criminal law, probate, family law and personal injury
claims. Amy also currently serves as the Gregory County State’s Attorney. Amy is currently serving as the President of the Rosebud Bar Association. In addition to her work
as a legal advocate, Amy is a member of P.E.O. Chapter Z, is an active member of the Gregory United Methodist
Church, has volunteered as a local softball coach, and enjoys spending time on the Missouri River during the summer
months.
“After serving the last two years, I’d like to build on my ability to play a role in
the SDTLA by spreading good will and advancing our organization throughout
our profession and enhancing our image outside of our profession as well.
The ability to elicit membership and viewpoints drawing from an expanded segment of our profession would help expand the comradery and influence of the
SDTLA overall, while still preserving the existing structure. I would like to be
able to continue the ability to be involved in this organization in whatever capacity I am best utilized.”
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 Law. Her practice consists primarily of family law and civil litigation.
She is married to Tony Breit, has two step-children, Ashtyn and Layken, and is
currently expecting a baby girl in September.
“I have served on the SDTLA Board of Governors since 2013 and I would appreciate the opportunity to continue serving the members of the SDTLA and the public by fighting for the little guy. My motto has been and will always be “do the right
thing.””
Casey Fideler served as a Fleet Marine Force Corpsman from 1999 to 2004.
and had the privilege of serving the infantry Marines of Third Battalion First Marines (3/1), First Marine Division, at beautiful Camp Pendleton, CA. During his
three and a half years with 3/1, he completed 3 deployments including responding to the USS Cole bombing and spearheading the initial invasion of Iraq. He
received both his undergrad in Accounting (2008) and JD (2011) at USD. After
JD he went to Florida and received his LL.M in taxation (2012). Go Gators!!
Bean counting was not his ideal job so he began law practice with Turbak Law
Office in Watertown for two years. He and his wife, Stephani, wanted to move
closer to family so he decided to join his brother at Christopherson, Anderson,
Paulson & Fideler in Sioux Falls, where he currently practices. He has been married to Stephani for almost two years and they are enjoying life with their 8 month
old son, Corbin.
Casey Fideler
May/June 2016
Page 19
“Promoting Jury Trials and trial work by encouraging more criminal defense attorneys to join SDTLA. Many of the members of SDLTA practice Civil Litigation
and Criminal Defense. I would like to encourage the membership of those attorneys in our state that do exclusively criminal defense.
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, and now the felony public defenders in Pennington County.
One of the activities we focus on is trial work. 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)
Alecia Fuller
legislation or injustice; educate its members; develop your attorneys skills and
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.
In every trial I have had, I have applied at least one skill or approach to the issue I have learned through a SDTLA seminars or mentorship with a more experienced member. 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 2006 and clerked for the 7th Judicial Circuit in South Dakota 20062007. She then became an associate at Brady Pluimer, P.C. in Spearfish from August 2007 to July 2010. She opened
her solo practice, Fuller Law, PC in July 2010 and then joined as an attorney and later currently assistant director Pennington County Public Defender’s Office June 2011 to present.
“It has been a privilege to serve on the SDTLA Board of Governors for the last
three years. I am proud of what SDTLA has accomplished and I am excited for
the opportunities SDTLA has to make a positive impact in South Dakota in the
near future. If elected, I plan to continue with my goals to increase membership, raise awareness about the benefit and comradery of SDTLA, increase
the monetary reserve and reach of SDTLPAC, and to ensure 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. Raleigh has been in practice with the Meierhenry Sargent firm since August 2012. She and her husband, Tom, live in
Sioux Falls and are expecting their first child in June 2016.
May/June 2016
Page 20
“For the past year, I’ve had the distinct privilege of serving on the Board of
Governors for this fine organization. During that time, I have interacted with a
multitude of attorneys that are significantly more experienced, and intelligent,
than I will ever be. Quite frankly, I’m running for this election so that I can continue to be exposed to the many skill sets that the Board of Governors offers
and, most importantly, to serve the membership of the SDTLA by bringing
your concerns before the Board.”
Jason Krause was born and raised in Sioux Falls, SD, and graduated from
Lincoln High School. He did his undergraduate studies at a myriad of outstanding private colleges and universities; buy him a beer sometime and he’ll
talk at length about how good he is at spending tuition dollars. He worked in
the financial and construction industries following college graduation. He married Jesse in 2005, and she convinced him that going to law school would be
a great idea. After being wooed by several Division I law schools, mostly for
his intramural athletic talents, he attended the University of South Dakota
Jason Krause
School of Law where he was fortunate enough to be exposed to the SDTLA
early on in his law school career. Through his interactions with SDTLA leaders, and by attending several of the seminars available to students, he realized what an impact the SDTLA has had on the legal landscape of South Dakota.
Sam: It's like in the great stories Mr. Frodo, the ones that really mattered. Full of darkness and danger they were, and sometimes you
didn't want to know the end because how could the end be happy?
How could the world go back to the way it was when so much bad had
happened? But in the end it's only a passing thing this shadow, even
darkness must pass. A new day will come, and when the sun shines
it'll shine out the clearer. Those were the stories that stayed with you,
that meant something even if you were too small to understand why.
But I think Mr. Frodo, I do understand, I know now folk in those stories had lots of chances of turning back, only they didn't. They kept
going because they were holding on to something.
Frodo: What are we holding onto, Sam?
Kyle Wiese — Justice often bears a sword
Sam: That there's some good in the world, Mr. Frodo, and it's worth
fighting for.
This dialogue reminds me of the importance of the SDTLA and its members
– those willing to fight for a fair justice system that is accessible to all. The
tenets of justice are not always easy (or profitable) to pursue, but they are truly something we need to fight for and preserve. For many, this is the very reason we aspired to the profession. As a bonus, the struggle is often the foundation
for great stories of making a difference. I would be honored to serve on the SDTLA Board of Governors if elected, and I
look forward to facilitating and advancing the important role trial lawyers play in society.
Kyle Wiese has a varied practice that includes litigating business and partnership disputes, employment matters, and
other complex commercial claims. He holds an A/V Preeminent rating from Martindale Hubbell and has been recognized as a Super Lawyer Rising Star for business and corporate law.
Kyle grew up in Flandreau, SD, and earned his B.A. from Virginia’s youngest public university. He’s also a proud graduate of the Semester at Sea program. After graduating from the SD School of Law as a Sterling Honors Graduate, Kyle
clerked with the SD Supreme Court before joining Gunderson, Palmer, Nelson & Ashmore LLP, where he became a
partner in 2016. Kyle and his wife, Cynthia, live in Rapid City with their eight month old daughter, Rosen.
May/June 2016
Page 21
“I’ve enjoyed serving on the SDTLA Board this past year and participating
in a group that wields a good bit of influence on the practice of law in
South Dakota. My goal is to encourage young attorneys to learn the craft
by taking advantage of the relationships that are readily available in South
Dakota’s close-knit Bar. I also want to work to provide opportunities for
trial lawyers to sharpen one another by sharing trial experiences. Finally,
I’ll work to provide litigants with a fairer playing field in the area of negligence law.”
Josh
Wurgler
Josh is a native of Harrisburg, South Dakota. He received his law degree
from University of South Dakota School of Law and a bachelor's degree in
computer science from the University of Sioux Falls. He worked as a software developer prior to attending law school and completed his law clerkship with the First Judicial Circuit of South Dakota. He believes solid mentoring and training from experienced attorneys are invaluable in the practice of law. He specializes in civil and commercial litigation, including personal injury, business disputes, and will contests.
For At Large Member in practice not more than Three Years
(2016-17)
“The work of the South Dakota Trial Lawyers Association is impactful
within the legal community and across the state. As an attorney in the
first years of my practice, I aspire to carry SDTLA’s work forward and
to promote its goals especially among other attorneys getting started
in their practice.”
Beau C. Barrett graduated from USD School of Law in 2014. In law
school he wrote an article as a staff writer for the South Dakota Law
Review that was published in volume 58 of that journal, after which
he served on the board of the Law Review as the Lead Articles Editor. He was also an active member of the Trial Team, competing in
the ABA Employment Discrimination Trial Advocacy Competition in
San Francisco, CA. and the Regional TYLA/ACTL Mock Trial Tournament in Minneapolis, MN.
Beau Barrett
After graduation, he started working as an associate attorney at
Johnson, Miner, Marlow, Woodward & Huff, Prof. LLC. Since then,
he has worked in a variety of civil litigation matters. Beau and his
family live in Yankton.
May/June 2016
Page 22
2016
SDTLA
Annual Meeting Agenda
June 23, 2016
Ramkota Hotel
Harvest Room
SiouxFalls
11:30 a.m.
(Bar & Ballots available at 11:00 a.m.)
Welcome
Steven Beardsley, Rapid City
SAMPLE BALLOT
SDTLA
2016-2017 ELECTIONS
PRESIDENT- ( ) Ryan Kolbeck
ELECT
SECRETARY
TREASURER
( ) TJ Von Wald
AAJ GOVERNOR ( ) Terry Quinn
2016-19
AAJ DELEGATE
2016-18
Introduction of Past Presidents
Margo Julius, Rapid City
( ) Aaron Eiesland
AT LARGE MEMBERS
BOARD OF GOVERNORS
(2016-2018)
(Vote for FOUR)
Lunch – President’s Report –
Steven Beardsley
( )
Stanton Anker, Rapid City
( )
Amy Bartling, Gregory
Keynote Speaker
Christine Hutton
( )
Melissa Nicholson Breit, SFs
( ) Casey Fideler, Sioux Falls
Presentation of the Fred J. Nichol Award
for Outstanding Jurist 2016
Hon. Karen Schreier by
Hon. Janine Kern, 2015 Recipient
( ) Alecia Fuller, Rapid City
( ) Raleigh Hansman, Sioux Falls
( ) Jason Krause, Sioux Falls
Presentation of the
Trial Lawyer of the Year Award
Clint Sargent
Sioux Falls
Announcement of Election Results
Steve Beardsley
Passing the President's Gavel
Steve Beardsley and Margo Julius
( ) Kyle Wiese, Rapid City
( ) Josh Wurgler, Watertown
AT LARGE MEMBER in practice
not more than THREE YEARS
(2016-2017)
( ) Beau Barrett, Yankton