Gov. Noem won’t fill legislative vacancies until court makes ruling on conflicts

A pair of open seats could remain unfilled when South Dakota lawmakers convene next month

A pair of Rapid City-area legislative seats might go unfilled for a portion of South Dakota’s upcoming lawmaking session at the state Capitol.

Gov. Kristi Noem this week in an interview with The Dakota Scout said that legislative offices held by former Sen. Jessica Castleberry and former Rep. Jess Olson, who both resigned amid increasing public scrutiny on conflicts of interests involving legislators, are likely to remain vacant until the South Dakota Supreme Court provides clarity on what financial interactions between lawmakers and the state rise to constitutional violations.

And with no timeline for when that might happen, according to court administrators, that could leave Castleberry and Olson’s legislative districts without full representation in Pierre.

Noem, whose duties as governor include filling legislative seats vacated mid-term, says it's her hope that the Court will hand down its decision prior to Jan. 9 — the first day of South Dakota’s 99th Legislative Session. In the meantime, her office is interviewing potential candidates to begin representing District 34 and 35.

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“We’re going to make sure we get all that done so that if we do get a decision, it could happen immediately,” said the Republican governor, who put a spotlight on legislative conflicts when she called on the Attorney General’s Office this summer to investigate Castleberry after her business received more than $600,000 in state-allocated grant funds.

That led to Castleberry stepping down from office, the same day she reached an agreement with Attorney General Marty Jackley to pay back the majority of the funds, with interest, over a 30-year term. A business owned by Olson, who cited medical reasons for her resignation last month, also has a contract with the state.

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