Board recommends reinstating Janklow's law license

By Chet Brokaw, Associated Press Writer | Wednesday, August 03, 2005

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PIERRE — The State Bar's disciplinary board recommended Tuesday that former South Dakota Gov. and U.S. Rep. Bill Janklow should regain his license to practice law next February.

If the state Supreme Court accepts that recommendation, it would mean Janklow would be reinstated to practice law about a year before his probation ends for second-degree manslaughter and other convictions related to an August 2003 crash that killed a Minnesota motorcyclist.

The state's highest court will have the final say about when Janklow can resume the practice of law. A hearing date has not been set.

Janklow's law license was automatically suspended after he was convicted of second-degree manslaughter for killing Randy Scott, 55, of Hardwick, Minn. Scott's motorcycle collided with a car Janklow was driving near Trent, north of Sioux Falls.

Janklow also was convicted of speeding, running a stop sign and reckless driving.

Circuit Judge Rodney Steele of Brookings gave Janklow a suspended imposition of sentence, which means the manslaughter conviction will be erased if he complies with all terms of his three-year probation. He also served 100 days in jail.

Janklow, who will be 66 in September, is seeking to have his law license reinstated immediately. He argues that he would present no danger to the public as a lawyer and that he should be allowed to practice law again so he can help people who need legal representation.

In testimony to the disciplinary board, Janklow said he still does not remember the accident but did not intend to run the stop sign. He also said it was wrong for him to speed frequently during his years in office.

"Oh, do I accept responsibility? Sure. There's a man that's dead. He didn't do anything wrong," Janklow told the board, according to a transcript of the board's hearing.

Parts of the transcript were not made public because they relate to the presentencing report, and such reports are confidential under state law.

The board said Janklow is remorseful and would not present a danger to clients if he resumed practicing law.

"Respondent's convictions do not reflect adversely on his fitness to practice law, his honesty or trustworthiness," the disciplinary board wrote in its recommendations to the Supreme Court.

In documents filed with the high court Tuesday, the board noted that Janklow had a reputation for speeding while governor but that circumstances did not appear to justify his speeding while carrying out his duties as governor.

Janklow's conduct reflected indifference to compliance with traffic laws and a disregard for the results and risks of that behavior, the board reported.

However, Janklow has a history of representing low- income people for free, and he would continue that practice if allowed to resume work as a licensed lawyer, the board said.

Janklow was attorney general for four years, governor in 1979-1986 and 1995-2002, and served one year in the U.S. House after being elected to Congress in 2002. He resigned from the House after he was convicted.

Janklow's probation is set to end early in 2007.

The board's recommendations call for Janklow to regain his license to practice law on Feb. 15, 2006 — about 26 months after his license was suspended. The license should be reinstated on condition that he comply with the terms of his probation and report any violations of traffic laws during that probation and for two years after probation ends, the board recommended.

If Janklow committed any traffic violations during that period, the board could recommend additional disciplinary measures.