Noem, Jackley file briefs seeking clarity on lawmaker conflicts

Supreme Court must decide whether to issue guidance on nine questions

The resignation of a state senator from Rapid City this summer set off a “fervor of uncertainty” among South Dakota lawmakers about what constitutes a conflict of interest, Gov. Kristi Noem’s office said in a legal filing Friday.

Former state Sen. Jessica Castleberry resigned after agreeing to pay back $600,000 that her daycare business received in Covid pandemic relief funds. There were no accusations that Castleberry did anything wrong with the money, which were federal dollars. But because they were authorized by the South Dakota Legislature, Castleberry – who had been a Noem ally in the Legislature – ran afoul of a constitutional provision barring lawmakers from having an interest in state contracts.

READ: The Governor and Attorney General's legal briefs regarding state contracts

Noem and Attorney General Marty Jackley submitted briefs to the South Dakota Supreme Court Friday, the deadline the Court set when Noem asked the Court for an advisory opinion into how broadly Article III Section 12 of the state Constitution should be interpreted. That section prohibits lawmakers from having an interest in a state or county contract while they are in office and for one year after they leave office.

That clause has been recognized by the Supreme Court as an important reform of the state’s founders, who were distrustful of government and its potential for corruption. Over the years, the Court has interpreted the Contracts Clause expansively.

LAWYER: Constitution does not bar lawmakers from contracts funded by general appropriations bill