Q&A about the Janklow case

By The Associated Press | Wednesday, September 03, 2003

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U.S. Rep. Bill Janklow, R-S.D., was charged Friday in Moody County Court in Flandreau for an Aug. 16 accident that killed Randy Scott of Hardwick, Minn. Here are answers to questions about the case.

Q — What is Janklow charged with, and what are the maximum penalties if convicted?

A — He is charged with one felony, second-degree manslaughter, 10 years in prison and a $10,000 fine.

He also faces three misdemeanors: reckless driving, one year in jail and a $1,000 fine; speeding and failure to stop at a stop sign, each with a maximum of 30 days in jail and a $200 fine.

Q — Who are the lawyers in the case?

A — The prosecutor is Moody County State's Attorney Bill Ellingson, who filed the complaint against Janklow after conferring with the state attorney general's office. Jank-low has not publicly named a lawyer to represent him.

Q — How about the judge?

A — Circuit Court Judge Rodney Steele of Brookings, the presiding judge of the Third Judicial Circuit.

Q — Why is the case being handled in Flandreau, Janklow's hometown?

A — The accident happened at the intersection of two county roads in Moody County, so the charges are filed in the county seat, Flandreau.

Q — Could Janklow avoid a trial?

A — If the prosecution and defense agree to a plea agreement, both sides could take it before the judge who would have to accept a guilty plea.

Q — What happens next in the case?

A — Janklow's first court appearance is scheduled for 1:30 p.m. Tuesday in Flandreau. If he wants a preliminary hearing, one will be scheduled then. Bond will also be set Tuesday.

Q — How do the charges affect Janklow's seat in Congress?

A — The House ethics committee would automatically investigate Janklow if he is convicted of a felony. In this case, that is the manslaughter charge. Charges alone do not trigger a probe, although the committee can choose to launch one in some cases. The committee's rules say representatives who plead guilty or are convicted of a crime that carries more than two years in prison should not vote in the chamber until his or her record is cleared or until re-elected.

Q — What happens to the seat if Janklow is convicted or pleads guilty?

A — If Janklow is convicted of manslaughter, which carries a potential penalty of two years or more in prison, he would not be allowed to vote in the House or take part in committee meetings. Those privileges would be returned if the congressman is re-elected or the conviction is overturned on appeal. A conviction for a misdemeanor charge would not affect Janklow's ability to serve in Congress.

The House has expelled only two members since the Civil War, and they were kicked out for misusing their offices for personal gain.

Q — If Janklow does not serve his term through 2004, what happens to South Dakota's only seat in the House?

A — If Janklow resigned, a special election would be called to fill the vacancy. Gov. Mike Rounds would have 10 days after the resignation to set an election date, and the vote would have to be held 80 to 90 days later.

The state central committees of the Republican and Democratic parties would nominate candidates for the special election. And anyone wishing to run as an independent candidate would have to gather 3,346 signatures to qualify for the ballot.