Last updated on 2016.04.27
Now paying Kristi Noem's lawyer bills: Charles Haan of Watertown. Haan sued South Dakota's lone Congresswoman last March for failing to live up to her campaign promises and wreak all manner of Tea Party havoc. In federal district court in Aberdeen last Thursday, Judge Charles Kornmann predictably threw this suit out:
Kornmann, in his ruling, said that Noem’s voting record is a “purely legislative activity;" one that is immune from a civil court complaint. He also ruled that Noem is protected by sovereign immunity from such a lawsuit.
Haan, according to the judge, had failed to respond substantively to any of Noem’s arguments about why the case should be dismissed. Kornmann wrote that Haan’s case lacked merit and that the court did not have the authority to remove a member of Congress from office [Tony Mangan, "Judge Dismisses Man's Lawsuit Against Noem," KCCR News, 2013.10.21].
But remember, Charlie... and the rest of you disgruntled South Dakota voters... Rep. Noem does not enjoy sovereign immunity at the ballot box. Forget lawsuits, Charlie: your challenge to Noem's promise-breaking doesn't belong in court; it belongs in a primary election! Bring it on!
Can you sue a politician for failure to live to campaign promises? Something to consider for the town of Belle Fourche...
No, you cannot, Dawn! That's what Judge Kornmann is saying. But at the municipal level, you can recall elected officials who are letting you down. That's probably cheaper than hiring a lawyer. http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=9-13-29
Our public servants can also be removed for violating their oath of office. http://www.civilrightstaskforce.info/id20.htm. http://legis.state.sd.us/statutes/DisplayStatute.aspx?Type=Statute&Statute=0N-21-3.
Article III section 8 of the South Dakota Constitution also addresses "violation of the oath of office § 8. Oath required of legislators and officers--Forfeiture of office for false swearing. Members of the Legislature and officers thereof, before they enter upon their official duties, shall take and subscribe the following oath or affirmation: I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the state of South Dakota, and will faithfully discharge the duties of (senator, representative or officer) according to the best of my abilities, and that I have not knowingly or intentionally paid or contributed anything, or made any promise in the nature of a bribe, to directly or indirectly influence any vote at the election at which I was chosen to fill said office, and have not accepted, nor will I accept or receive directly or indirectly, any money, pass, or any other valuable thing, from any corporation, company or person, for any vote or influence I may give or withhold on any bill or resolution, or appropriation, or for any other official act.
This oath shall be administered by a judge of the Supreme or circuit Court, or the presiding officer of either house, in the hall of the house to which the member or officer is elected, and the secretary of state shall record and file the oath subscribed by each member and officer.
Any member or officer of the Legislature who shall refuse to take the oath herein prescribed shall forfeit his office.
Any member or officer of the Legislature who shall be convicted of having sworn falsely to, or violated his said oath, shall forfeit his office and be disqualified thereafter from holding the office of senator or member of the house of representatives or any office within the gift of the Legislature.
History: Repeal proposed by SL 1974, ch 1, rejected Nov. 5, 1974; repeal proposed by SL 1975, ch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976. "
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Article 3
Yeah, Stephanie, but how do you get them convicted? Doesn't that conviction happen only in a "trial" conducted by the legislators themselves? Still sounds easier to run a solid candidate and have the voters throw the bum out.