Supreme Court rules that judges must conduct 'balancing test' when police request Marsy's Law protections
Case stems from parole absconder who opened fire on two Sioux Falls police officers
The names of police officers involved in shootings can be redacted in public documents under the provisions of a constitutional amendment that voters passed in 2016, the South Dakota Supreme Court ruled in an opinion released Thursday.
Two Sioux Falls police officers involved in a shooting challenged a circuit court judge’s contention that she did not have the authority to force parties in a criminal case to file records that complied with Marsy’s Law, the 2016 provision that voters passed to protect crime victims. The Supreme Court disagreed.
“Courts of competent jurisdiction are vested with the power to enforce the rights enumerated in Marsy’s Law,” wrote Justice Robert Gusinsky in the unanimous decision. “That power necessarily includes the authority to compel parties to redact information from public filings.”
