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Janklow should pay settlement
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FarkAs a lightning rod for strong public opinion, few politicians can beat Bill Janklow.
South Dakota’s four-term governor and former congressman was back in the spotlight last week, attracting the ire of angry taxpayers with the news of a $1 million settlement in the wrongful death of Randy Scott.
That’s because U.S. taxpayers, not Bill Janklow, were on the hook for the civil damages awarded to the family of the late motorcyclist.
Scott was killed Aug. 16, 2003, when Janklow drove through a stop sign on a rural highway in eastern South Dakota and collided with Scott’s Harley-Davidson motorcycle. That collision led to Janklow’s conviction for second-degree manslaughter and cost him his seat in Congress. He served 100 days in jail, paid a $5,000 fine and lost his law license temporarily.
But he avoided a civil lawsuit when the U.S. attorney in Minnesota concluded Janklow was on official business at the time of the crash, which made the federal government responsible for financial damages because he was performing his duties as a government worker. The Scott family had wanted to sue Jank-low personally, which would have allowed them to pursue punitive damages, something that is not allowed under the Federal Tort Claims Act.
We think Janklow and his insurance company, not federal taxpayers, should be responsible for civil damages in Randy Scott’s death. That way, as the Scott family lawyer points out, Janklow’s long and well-documented history of ignoring traffic speeding laws would have been considered.
Public outcry over Janklow’s criminal sentence, which many considered a slap on the wrist, was loud and long. News of last week’s civil damages had a similar effect.
Janklow failed to publically plead forgiveness for his role in this tragedy, which added insult to injury for many.
His failure to take responsibility for the financial consequences of his actions is an additional disappointment for us. The monetary settlement may help the Scott family move forward with their lives, but sending the $1 million bill to U.S. taxpayers will no doubt delay the healing process even longer for Mr. Janklow’s former constituents.
We urge Mr. Janklow to finally do the right thing. He can’t turn back the clock, but he could write a $1 million check to the U.S. Treasury to reimburse it for the Scott settlement. He might also try issuing a public apology for Randy Scott’s tragic death at the same time.
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