GOP field for South Dakota Attorney General grows as Black Hills judge enters race

Third Republican declares candidacy to succeed Marty Jackley as state's top law enforcement officer

A West River judge is stepping away from the bench in hopes of being South Dakota’s top prosecutor and law enforcement officer.

And with Fourth Circuit Court Judge John Fitzgerald’s resignation and declared candidacy for the South Dakota attorney general post, the field of Republicans looking to succeed outgoing Attorney General Marty Jackley has widened to three.

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“Serving as a Circuit Judge has been an honor and has given me an even deeper appreciation for the rule of law, the Bill of Rights, and the importance of equal justice,” Fitzgerald said in a campaign announcement Tuesday touting his experience as both a judge and prosecutor. “I believe my judgment, courtroom experience, and knowledge as a lawyer have prepared me to lead the fight against crime in our state, especially violent crime.”

Prior to his election to the bench in 2022, Fitzgerald spent more than four decades as a state’s attorney in Butte and Lawrence counties. His wife, Mary, is a state legislator, serving in the state House as a representative of South Dakota’s 31st Legislative District.

Fitzgerald joins two others openly seeking the GOP nomination for attorney general, to be decided by party delegates at the South Dakota Republican Party Convention in late June.

McPherson County State’s Attorney Austin Hoffman, a Eureka native, declared his candidacy for the GOP nomination for attorney general last fall. Prior to becoming his home county’s top prosecutor in 2020, Hoffman operated a private law practice in northeast South Dakota. He is the son of former lawmaker Charlie Hoffman.

Also looking to curry favor with party delegates ahead of the June 25-27 state convention in Rapid City is Lance Russell, the Fall River and Oglala Lakota County state’s attorney who became the first candidate to enter the contest last summer. Russell served more than a decade in the state Legislature with tenures in both the state House and Senate.

The longtime prosecutor’s July 1 announcement came just days after Jackley announced he’d forgo another term as attorney general and instead make a run for U.S. House of Representatives.

Because the South Dakota Republican Party selects its nominees for attorney general after primary contests for governor and U.S. House are decided at the polls, candidates unable to claim victory in those races can still seek constitutional office nominations from party delegates at convention.