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Improving open records law in SD an uphill battle for advocates

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Improving open records law in SD an uphill battle for advocates


Bart Pfankuch

Content director
605-937-9398
bart.pfankuch@sdnewswatch.org

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Part 3 of a 3-part series.

In 2020, a bill was filed in South Dakota that would have spelled out extensive rules for how police body camera footage can be obtained, maintained, used and shared.

Then-Sen. Reynold Nesiba, a Sioux Falls Democrat and primary sponsor of the bill, said that without a state law, police agencies across the state are on their own to decide how and when to use cameras, what happens to the footage and who should have access to the videos.

Without such a law, South Dakota would remain behind many other states that already regulate police videos, he said.

“In South Dakota, we have a patchwork and it depends on the individual police department … (and) I think it puts our law enforcement in a really difficult position,” said Nesiba. “I think it would be helpful to have guiding statute under what conditions it becomes a public record, who can ask for that record and under what conditions it can be released or held back.”

Opposition to the measure came from state, county and local law enforcement officials, who testified that the measure was unnecessary because police agencies across the state use a set of “best practices” to guide use of body cameras.

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The six-page bill, Senate Bill 100, never made it to a vote. Instead, the measure’s original language was gutted immediately in committee and an amendment to recommend a legislative summer study session on body cameras videos was voted down.

New records laws unlikely in South Dakota

Since then, no other police video bill has been filed in the Legislature, according to a review of measures filed.

Given the current makeup of the South Dakota Legislature, support for enacting legislation related to release of police videos appears unlikely, said David Bordewyk, executive director of the South Dakota NewsMedia Association.

“We are on an island because our law is so weak in this area. And a consequence is loss of public trust and having full confidence in the accountability of law enforcement,” he said. “That’s not to say that distrust is the default because it’s not. But by not having good public access to these types of records, it can feed distrust and misinformation in the community.”

This screenshot from a South Dakota Highway Patrol dashboard camera shows an officer-involved shooting incident on April 1, 2025.
This screenshot from a South Dakota Highway Patrol dashboard camera shows an officer-involved shooting incident on April 1, 2025. Troopers said the suspect, Samir Albaidhani, who is circled in red, fired several shots at law enforcement officers during an arrest attempt. (Photo: DCI/South Dakota Highway Patrol via SDPB)

Bordewyk pointed out that it took him and other First Amendment advocates several years to make it legal for police agencies in South Dakota to release criminal booking photos and police logs that show when and where officers respond.

“Those are commonplace public records in every other state in the nation forever, and it took moving heaven and earth to make those a public record in South Dakota,” he said. “There’s this embedded DNA that because we’re a small state, we know each other and trust each other, and we can trust law enforcement is going to do the right thing.”

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“By not having good public access to these types of records, it can feed distrust and misinformation in the community.”
— David Bordewyk, executive director of the South Dakota NewsMedia Association

State Sen. Helene Duhamel, a Rapid City Republican, told News Watch in an email that she supports the current open records law, which gives law enforcement agencies full discretion on if or when to release police videos to the public.

“I am not pursuing changes to current public records laws involving law enforcement video,” wrote Duhamel, a former television newscaster who now works as the spokeswoman for the Pennington County Sheriff’s Office. “Body worn cameras are used every day by our largest agencies in South Dakota. It is one of the most successful policing reforms of the 21st century.”

Duhamel said police videos can be seen by the public if they attend court proceedings where the videos are shown. “The video is evidence and not entertainment,” she wrote.

South Dakota ranks low in openness

South Dakota ranks at or near the bottom in more than a dozen analyses of public access to records, especially when it comes to law enforcement agencies, said David Cullier, director of the Brechner Freedom of Information Project at the University of Florida. 

“They allow police to keep everything secret, and that’s against the basics of public records laws that have been around for hundreds of years,” he said. “If I lived in South Dakota, I would be up in arms because it turns out South Dakota is one of the most secretive states in the nation.”

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Cullier said expanding public and press access to law enforcement records tends to make police agencies more transparent but also more accountable for their actions. And it ultimately leads to better performance by officers in the field, he said.

“It’s a way of making sure our police officers are doing their jobs that we entrust them to do because the body cams tell the story,” Cullier said. “When they deny records requests, they’re not saying ‘no’ to journalists and the media. They’re saying ‘no’ to the million people who live in South Dakota.”

Cullier said the American public has demanded more access to police videos after several high-profile incidents in which illegal and misreported shootings by police officers were captured on camera.

Among them: the 2014 killing of Laquan McDonald by a Chicago police officer; the 2015 South Carolina shooting death of Walter L. Scott, who was unarmed and running away from the officer who shot him; and the 2020 murder of George Floyd by an officer in Minneapolis.

In the McDonald killing, officer Jason Van Dyke initially reported that the 17-year-old had charged at him with a knife, and the shooting was ruled justified. A year later, when the video was released publicly, it showed the boy walking away from officers and not brandishing a knife prior to being shot 16 times. Van Dyke was convicted of second-degree murder.

This is a screenshot of a dashboard camera video moments before the October 2014 fatal shooting of Laquan McDonald by a Chicago police officer. Warning: video contains graphic images. (Photo: YouTube)

Despite calls for more openness, and some state laws passed to expand open-records laws, most state legislatures have not taken steps to improve public access to police videos, Cullier said.

“I think we’ve seen a public push, especially since Floyd and other police brutality and killings,” he said. “Unfortunately, I don’t think a lot of legislatures have been moved by it. And I don’t think we’re going to see improvement unless the public continues to demand it.”

Challenging even for lawyers to obtain videos

The ability of prosecutors or judges to block access to videos can protect officers who might have acted illegally or improperly, said Jeffrey Montpetit, a Minneapolis attorney who has worked several civil cases involving law enforcement activities in South Dakota.

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“I know of two cases I had in South Dakota where the courts basically said this video isn’t getting out because we don’t like what it shows,” he said.

The lack of access to police videos can inhibit the ability of the public to file civil claims against law enforcement officers who are alleged to have used excessive force or violated someone’s rights, Montpetit said.

“Without video, you’re out of luck,” he said.

“When they deny records requests, they’re not saying ‘no’ to journalists and the media. They’re saying ‘no’ to the million people who live in South Dakota.”
— David Cullier, director of the Brechner Freedom of Information Project at the University of Florida

Defense attorneys who take cases on a contingency basis are unlikely to accept cases where a judgment might come down to the word of a police officer versus the claims of a member of the public, he said.

“The trooper, sheriff or police officer can write some B.S. report that the defendant resisted or took a swing at him,” Montpetit said. “Then all you’re getting is a credibility comparison between someone who may be a felon and a law enforcement officer, and you’re going to lose those cases.”

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Also, members of the public who cannot afford to hire an attorney are unlikely to obtain videos that could help make a case against an officer or the government, he said.

“Without video, there’s not a lot of options for lawyers to undertake those efforts,” Montpetit said.

Rural sheriff supports a possible state law

Alan Dale, sheriff of Corson County, said videos of interactions with the public or perpetrators have mainly been used to help prosecutors prove crimes or have helped his deputies respond to unwarranted complaints.

“In one incident, we had someone complain the officer searched a vehicle without cause. And when we watched the video, it showed the man actually giving the deputy his consent to search,” Dale said.

News Watch submitted a request to view videos of a June 30, 2023, incident in which a Corson County deputy and tribal officers engaged in a vehicle chase with 25-year-old Samir Albadhani, who brandished a gun before being shot and wounded by officers. Dale forwarded the request to the local state’s attorney, who declined the News Watch request.

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Dale said he isn’t sure if police videos should become an open record for press or public viewing in South Dakota, but he would support some form of legislation to create a uniform approach for cameras and videos for all agencies across the state.

“When I first started in law enforcement, we didn’t have cameras,” Dale said. “But now I wouldn’t want to be in law enforcement without them because the cameras don’t lie.”

“I don’t feel that we’re done yet, and I feel there’s more work to be done on that.”
— South Dakota Attorney General Marty Jackley

South Dakota Attorney General Marty Jackley said that while serving two separate stints in the office, he has formed three task forces to examine public meetings and records laws, which have led to more openness.

Jackley, who is running for South Dakota’s lone seat in the U.S. House of Representatives, said he is willing to ask his ongoing open meetings task force or a new task force to consider whether police videos should be more publicly accessible.

“I don’t feel that we’re done yet, and I feel there’s more work to be done on that,” he said.


Read parts 1 and 2 of the 3-part series:

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Police videos in SD: Public pays costs but cannot see footage

As more states begin to provide public access to videos captured by law enforcement agencies, South Dakota continues to keep a tight lid on them.

With discretion left to agencies, police video releases rare

When videos and still images have been released, they tend to justify officer use of force or highlight humorous on-the-job interactions.

This story was produced by South Dakota News Watch, an independent, nonprofit organization. Read more stories and donate at sdnewswatch.org and sign up for an email to get stories when they’re published. Contact content director Bart Pfankuch at bart.pfankuch@sdnewswatch.org.



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South Dakota

South Dakota Community Foundation encourages nonprofits to apply for funding

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South Dakota Community Foundation encourages nonprofits to apply for funding


RAPID CITY, S.D. (KOTA) – The South Dakota Community Foundation is encouraging nonprofits to apply for funding this June.

Beth Massa and Ginger Niemann joined us live with what you need to know before applying.

Watch the full interview above.

See a spelling or grammatical error in our story? Please click here to report it.

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Copyright 2026 KOTA. All rights reserved.



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South Dakota

Roberta Cahill

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Roberta Cahill


Roberta Anne (Chaboya) Cahill, 82, of Pierre, passed away Friday, May 29, 2026 at Avantara in Pierre. A celebration of life will be held at Isburg Funeral Chapel on Sunday, June 7, 2026 at 4:00pm with the family greeting visitors one hour prior to the service. A graveside service will follow Monday, June 8, 2026 at Greenwood Presbyterian Cemetery in Greenwood, SD at 11:00 AM followed by a small luncheon.

 

Roberta was born April 1, 1944 in Wagner, SD, the daughter of Sarah St. Pierre and George Chaboya. Family and close friends lovingly called her Berdie or Bea. She grew up in Pierre where she attended McKinley Elementary and Pierre Jr High School and graduated from the Flandreau Indian Vocational High School in 1962 where she was a cheerleader, salutatorian, senior class president and editor-in-chief of the yearbook. She received her Bachelors of Science degree from Northern State College in 1966 and her Masters of Art from the University of South Dakota in 1971. She was an enrolled member of the Yankton Sioux Tribe.

 

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Roberta married David Cahill on June 9, 1967 in Deadwood, SD. Together they raised Daniel, born in 1981, and instilled the values and ethics they had inherited from their parents. She was a tremendous wife and mother allowing her family to thrive. They made many trips together as a family, travelling to the Black Hills often and going on multiple road trips built around the family love of baseball. She attended all of her family’s events she could, even keeping score at Dan’s baseball games and filming games and concerts. She was also the primary photographer for family events making sure important moments like holidays, birthdays and trips were documented. Roberta was known among her family as a supporter and protector of all. She looked after everyone, never refusing to help when asked and offering a helping hand when necessary. No one went without if she could help it. She was a great listener and advisor leading to her being the go-to person for her family.

 

Roberta’s work career can be encapsulated in one word: service. Much like her husband David, each position she took was in service to others. She began her career working for the State of South Dakota as a social worker. She then moved to the federal government in 1968. During this time she worked at the Pierre Indian School as a counselor and dorm parent where David was a social worker. She and David then moved to Sitka, AK where she was the girl’s freshmen and sophomore councilor for two years at Mt. Edgecumbe High School, a boarding school for the Indigenous students from all over Alaska. At both schools, Roberta was a fierce advocate for her students, always fighting for their best interests. They then moved back to South Dakota in 1978 where Roberta worked for the Bureau of Indian Affairs in Aberdeen until moving back to Pierre in 1980 to raise her new family nearer to her family and home. She continued her work with the BIA in Ft. Thompson until 1990 when she transferred to the Indian Health Service as a Community Health Educator, ending her government career in January 2003. Roberta retired for good after a decade working for American Cancer Society in Pierre where she was the Director of SD Community Partnerships, concentrating on outreach and education, while also helping organize events such as the Relay for Life.

 

Roberta and David loved travelling and meeting new people. They took many trips across the country, mostly by car or van. They travelled across the Central, Southern, and Western United States. They were especially fond of Western Canada and Alaska making multiple road trips beginning in 1976 through 2016. Both were extremely fond of nature and animals. Roberta was a prolific photographer taking hundreds of pictures of nature and animals on these trips. They had two dogs, Sport and Snoopy they loved dearly and spoiled. Later they spent untold hours feeding birds, squirrels and rabbits in their backyard. She was particularly fascinated with eagles and spent hours of time just sitting along the causeway or Capital Lake watching the ducks and geese or driving along the Oahe Dam or the local islands to observe nature. She and David referred to this as their therapy. Roberta was also a philanthropist, donating to many charities including those doing medical research, supporting veterans, and especially supported wildlife and natural resource protection and food insecurity charities.

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Remaining to cherish Roberta’s memories and carry on her legacy are son Daniel (Tucson, AZ), her three brothers, Larry Haukaas (Debby) of Pierre and children Paul, Larry and Jennifer, Thurlow Haukaas (Estelle) of Pierre and nine children, Harley Haukaas (Laurie) of Yankton, SD and children Carly, Samantha and Haley, and sister Ellen Bad Moccasin (Paul) of Pierre and children Robert, Derek and Marcus and numerous cousins.

 

Preceding Roberta in death is her husband David, mother Sarah, brother Greg, sisters Eileen Jo Haukaas and Julie Kay Haukaas and many uncles and aunts.

 

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In lieu of flowers, the family asks you to donate to PAWS or PARS both in the Pierre area.





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AP Decision Notes: What to expect in South Dakota’s state primary

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AP Decision Notes: What to expect in South Dakota’s state primary


WASHINGTON — South Dakota’s governor, the speaker of the state House, the state’s lone representative in Congress and a businessman will face off in a competitive Republican primary for governor on Tuesday. Primary voters will also choose nominees for other state and federal offices, while Sioux Falls residents will elect a new mayor.

Gov. Larry Rhoden seeks a full term as the state’s chief executive. He was previously lieutenant governor under then-Gov. Kristi Noem but assumed the top job when Noem stepped down in early 2025 to join President Donald Trump’s Cabinet.

Serving less than half a term as governor was not enough for Rhoden to clear the Republican field. He faces strong challenges from U.S. Rep. Dusty Johnson, state House Speaker Jon Hansen and businessman Toby Doeden.

The winner will face former state Sen. Dan Ahlers in the general election. Ahlers is unopposed for the Democratic nomination.

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At the top of the ballot is the race for the U.S. Senate, in which Republican Mike Rounds seeks a third term. His opponent in the primary is Justin McNeal, a U.S. Navy veteran who ran as an independent in 2024 against Johnson for his U.S. House seat but was kept off the ballot over invalid signatures on his nominating petition.

Nonprofit executive and former state trooper Julian Beaudion is unopposed for the Democratic nomination. Attorney and military veteran Brian Bengs is running in the general election as an independent. Bengs previously ran for the U.S. Senate in 2022 and received 26% of the vote against Republican Senate Majority Leader John Thune.

State Attorney General Marty Jackley is running to replace Johnson in the U.S. House. He faces Republican James Bialota in the primary.

Trump has endorsed Rounds for U.S. Senate and Jackley for U.S. House. He did not endorse a candidate for governor.

In South Dakota primaries for governor, U.S. Senate and U.S. House, candidates must receive at least 35% of the vote to win the nomination. If no candidate reaches that threshold, the top two vote-getters advance to a June 23 runoff.

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In Sioux Falls, the state’s most populous city, five candidates are competing to replace term-limited Mayor Paul TenHaken. If no candidate receives a vote majority, the top two finishers will advance to the runoff.

The key counties to watch on primary night are on opposite ends of the state. Minnehaha County on the eastern border is home to Sioux Falls. Pennington County on the western border is home to Rapid City.

South Dakota is one of the most reliably Republican-voting states in general elections, so the winners in Tuesday’s GOP primaries should enter the general election campaign with a considerable advantage.

Here are some of the key facts about the election and data points the AP Decision Team will monitor as the votes are tallied:

When do polls close?

Polls close at 7 p.m. local time, which is 8 p.m. and 9 p.m. ET. Polls in most of the state are in Central time and close at 8 p.m. ET, but some polls are in Mountain time and close at 9 p.m. ET.

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What’s on the ballot?

The Associated Press will provide vote results and declare winners in contested primaries for U.S. Senate, U.S. House, governor, state Senate, state House and mayor of Sioux Falls.

Who gets to vote?

Registered party members may vote only in their own party’s primary. In other words, Democrats can’t vote in the Republican primary or vice versa. Independent voters or those with no party affiliation may participate in the Democratic primary but not the Republican primary.

How many voters are there?

As of April 1, there were about 674,000 registered voters in South Dakota, including about 318,000 registered Republicans, about 138,000 registered Democrats and about 157,000 independents or voters with no political affiliation.

How many people actually vote?

Nearly 119,000 votes were cast in the Republican U.S. Senate primary in 2022.

How much of the vote is cast early or by absentee ballot?

About 19% of the 2024 primary vote and about 20% of the 2022 primary vote was cast before primary day.

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As of May 26, about 17,000 ballots had already been cast in Tuesday’s election, roughly 79% in the Republican primary and roughly 15% in the Democratic primary.

When are early and absentee votes released?

In South Dakota, results from mail and in-person early voting are usually released together with results from in-person Election Day voting. More than a third of the state’s 66 counties tend to release most or all of their results, including in-person Election Day results, in the first vote update.

How long does vote-counting usually take?

Although South Dakota spans two time zones, state law requires that no results are released until the final polls have closed at 9 p.m. ET.

In the state’s most recent U.S. Senate primary in 2022, the AP first reported results at 9:02 p.m. ET, or two minutes after the last polls closed. The final vote update of the night was at 3:22 a.m. ET, with more than 99% of total votes counted.

When will the AP declare a winner?

The AP does not make projections and will declare a winner only when it’s determined there is no scenario that would allow a trailing candidate to close the gap. If a race has not been called, the AP will continue to cover any newsworthy developments, such as candidate concessions or declarations of victory. In doing so, the AP will make clear that it has not yet declared a winner and explain why.

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How do recounts work?

Recounts in South Dakota are automatic only in cases of tie votes. Losing candidates for statewide office may request a recount if the vote margin is 0.25% or less of the total votes cast. Candidates for state legislative and local offices have a higher threshold: 2% of the total votes cast. The AP may declare a winner in a race that is subject to a recount if it can determine the lead is too large for a recount or legal challenge to change the outcome.

Are we there yet?

As of Tuesday, there will be 154 days until the 2026 midterm elections.



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