Felony charge will deepen political woes, experts say

By Chet Brokaw, Associated Press Writer | Wednesday, September 03, 2003

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PIERRE — The felony charge filed against Rep. Bill Janklow for a fatal car crash appeared to put the Republican congressman's political career in even greater jeopardy.

Jim Meader, an Augustana College government professor, said he thought voters were starting to tire of Janklow after he dominated South Dakota politics for three decades but that the accident and criminal charges probably will end his political career.

"I think he was politically vulnerable before the accident. Since the accident, I think his political future has been sealed," Meader, a political analyst and pollingexpert, said.

A county prosecutor on Friday charged Janklow with second-degree manslaughter, a felony carrying a maximum penalty of 10 years in prison and a $10,000 fine, for an Aug. 16 accident that killed a Minnesota motorcyclist.

Janklow, 63, also was charged with reckless driving, failure to stop at a stop sign and going 71 mph in a 55 mph zone. The top penalty for reckless driving is a year in jail and a $1,000 fine. The speeding and stop-sign charges carry a maximum penalty of 30 days in jail and a $200 fine.

The Cadillac that Janklow was driving collided with a motorcycle driven by Randy Scott of Hardwick, Minn., a 55-year-old farmer, trucking-business owner and volunteer firefighter who died at the scene.

Janklow was South Dakota attorney general in 1975-1978, was governor from 1979-1987 and again from 1995 until this year, when he became South Dakota's lone member of the U.S. House. If he is convicted of second-degree manslaughter, congressional rules would prevent him from voting in the House or taking part in committee meetings because he would have been convicted of a crime carrying a potential prison term of two years or more.

If Janklow resigned, a special election would be held within 90 days to fill the remainder of his term.

Stuart Rothenberg, a national political analyst and newsletter publisher, said only Janklow can decide whether he resigns, but Janklow might want to leave Congress because of all the attention that would be focused on him.

As a member of Congress charged with a felony for a fatal accident, Janklow would be the subject of many articles and television shows, Rothenberg said.

"Maybe not in South Dakota, but in Washington and everywhere else, it's all celebrity and scandal and personality," Rothenberg said. "It would just be terrible. I think it would be very difficult for him."

Janklow's son, Russ Janklow, said the family has not talked about whether Janklow should resign.

A poll released just before the charges were filed showed a majority of South Dakotans do not believe Janklow should resign. But 50 percent said if Janklow is charged and convicted of causing the accident, he should resign. About a quarter said he should finish his term, and only 12 percent said he should seek re-election if convicted. The telephone poll, conducted for the Sioux Falls Argus Leader and KSFY Television, had a margin of sampling error of plus or minus 5 percentage points.

Bill Richardson, head of political science at the University of South Dakota, said he suspects friends and associates are advising Janklow on what is best for South Dakota, the Republican Party and Janklow personally.

"All that is going to go into some great mix as Bill Janklow, the strong-willed man that we have all known, decides exactly what he's going to do," Richardson said.

Janklow could tough it out and seek re-election, resign, finish his term and then quit, or delay a decision while the legal process plays out, Richardson said. It would be better for the state if Janklow were to decide soon, he said.

"I don't think this can drag out interminably," Richardson said.

Bob Burns, head of political science at South Dakota State University, said Janklow's physical injuries and mental anguish about the accident probably make it more difficult to decide what to do.

"Certainly, as a longtime friend, I can empathize very much with the personal side of this and the very difficult situation CongressmanJanklow is in," Burns, who grew up with Janklow in Flandreau, said.

"But I don't think I'm alone in saying that. I sense that South Dakotans are compassionate and understanding of the personal trauma that Congressman Janklow is experiencing now."

Rothenberg said the Republican Party might want Janklow to hang on until his term ends so it can find a good candidate for the November 2004 general election, but the GOP could have trouble finding a good candidate if a special election were held later this fall, Rothenberg said.

Former Rep. John Thune would be a strong Republican candidate, but Thune apparently does not want to return to the U.S. House because he is most interested in running for the Senate against Minority Leader Tom Daschle, D-S.D., Rothenberg said.

Janklow's troubles could boost the career of Democrat Stephanie Herseth, who got 46 percent of the vote in losing to Janklow in last year's congressional race, Rothenberg said.