Attorney General to offer legislative seminar on ethics, conflicts of interest

Jackley says he'll provide briefing ahead of lawmaking session with or without further input from Supreme Court

South Dakota lawmakers are getting additional training on how to navigate legislative conflicts of interest rules from the state’s top law enforcer.

Attorney General Marty Jackley told The Dakota Scout this week he will offer legislators returning to Pierre next month a code of conduct course specific to what financial activities should be avoided by elected office holders.

“The 10 years that I did this before, I gave a general overview of the state constitution,” Jackley said during an interview with The Dakota Scout, referencing his first stint at South Dakota Attorney General when he regularly offered similar ethics briefings to newly-elected lawmakers “And then I get into some case law and previous Attorneys General opinions as well.”

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The re-established course — to be open to all lawmakers — comes as potential financial conflicts involving legislators have dominated conversations in South Dakota political circles and spilled into the public in recent months — fallout from a Rapid City legislator’s acceptance of legislative-appropriated funds. And in August, Jackley as well as Legislative leaders indicated more education would be provided to legislators going forward.

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However, since then, the governor’s office, legislators and Jackley have asked the South Dakota Supreme Court for more clarity on what types of financial interactions rise to violations of the state Constitution. And though an anticipated advisory opinion likely will still be pending when the Legislative Session commences Jan. 9, Jackley won’t wait to start educating lawmakers.

Court administrators say there is no estimated timeline for the Court to issue its advisory opinion.

Despite the potential for the Court to establish a new interpretation of the constitutional prohibition on legislators having contracts involving the state, Senate President Pro Tempore Lee Schoenbeck is encouraging Jackley to give the brief to lawmakers.

“This is so people have an understanding of the rules,” Schoenbeck said. “There is no other point during the Legislature where this kind of discussion takes place, so this is an opportunity for everybody.”

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