1i.14.10 96th Second Special Legislative Session 608

2021i South Dakota Legislature

Senate Resolution 703

ENROLLED

An Act

A RESOLUTION, Memorializing the proceedings of the Senate Court of Impeachment.

WHEREAS, on April 12, 2022, the House of Representatives, during the Second Special Session of the Ninety-Sixth Legislature of the State of South Dakota, issued articles of impeachment against Jason Ravnsborg, attorney general of the State of South Dakota, which were then transmitted by the Chief Clerk of the House to the Secretary of the Senate; and

WHEREAS, the Senate has the sole power to try an impeachment pursuant to S.D. Const., Art. XVI, § 2; and

WHEREAS, the Senate adopted Senate Resolution 701 on April 26, 2022, resolving itself into a Court of Impeachment and designated Tuesday, June 21, 2022, at 8:00 a.m., as the day and hour for the beginning of the trial; and

WHEREAS, the Senate, acting as the Court of Impeachment, adopted Senate Resolution 702 on April 26, 2022, establishing the rules governing the impeachment trial of Attorney General Jason Ravnsborg; and

WHEREAS, on April 26, 2022, the Secretary of the Senate informed the House of Representatives that the Senate resolved itself into a Court of Impeachment; and

WHEREAS, pursuant to Senate Resolution 702, Rule 1-2, the Senate served Attorney General Jason Ravnsborg with a true and correct copy of the summons requiring the Attorney General to file a written answer to the articles of impeachment and to appear personally or by counsel on June 21, 2022, in the Senate Chambers; and

WHEREAS, on May 5, 2022, the President Pro Tempore of the Senate, pursuant to Senate Resolution 702, Rule 2-11, appointed Mr. Mark Vargo and Ms. Alexis Tracy to conduct the prosecution of the articles of impeachment; and

WHEREAS, on May 31, 2022, Attorney General Jason Ravnsborg filed a written answer to the articles of impeachment, denying each allegation contained therein; and

WHEREAS, the Court of Impeachment convened on Tuesday, June 21, 2022, at 8:00 a.m., to conduct the trial of impeachment of Attorney General Jason Ravsnborg; and

WHEREAS, the prosecution and respondent were provided equal amounts of time for opening statements, case presentations, and closing statements; and

WHEREAS, the following prosecution witnesses testified at the Court of Impeachment: Kevin Kinney (South Dakota Highway Patrol), Joe Arenz (North Dakota Bureau of Criminal Investigation), Cassidy Halseth (North Dakota Bureau of Criminal Investigation), Brent Gromer (South Dakota Division of Criminal Investigation, retired), and Arnie Rummel (North Dakota Bureau of Criminal Investigation); and

WHEREAS, pursuant to Senate Resolution 702, Rule 5-2, the presiding officer stated the following question to the Senate: "Shall the Senate sustain the first article of impeachment, crimes causing the death of Joseph Boever, against Attorney General Jason Ravnsborg and remove him from the office of Attorney General?"; and

WHEREAS, the Senate sustained the first article of impeachment by at least two-thirds of the members-elect of the Senate, convicting Attorney General Jason Ravnsborg of the first article of impeachment and removing him from office; and

WHEREAS, pursuant to Senate Resolution 702, Rule 5-5, the presiding officer pronounced a judgment of conviction and stated the following: "The Attorney General of the State of South Dakota is convicted of the first article of impeachment and removed from the office of Attorney General"; and

WHEREAS, pursuant to Senate Resolution 702, Rule 5-2, the presiding officer stated the following question to the Senate: "Shall the Senate sustain the second article of impeachment, malfeasance in office following the death of Joseph Boever, against Attorney General Jason Ravnsborg and remove him from the office of Attorney General?"; and

WHEREAS, the Senate sustained the second article of impeachment by at least two-thirds of the members-elect of the Senate, convicting Attorney General Jason Ravnsborg of the second article of impeachment and removing him from office; and

WHEREAS, pursuant to Senate Resolution 702, Rule 5-5, the presiding officer pronounced a judgment of conviction and stated the following: "The Attorney General of the State of South Dakota is convicted of the second article of impeachment and removed from the office of Attorney General"; and

WHEREAS, pursuant to Senate Resolution 702, Rule 5-7, the presiding officer stated the following question to the Senate: "As a result of being convicted of the first article of impeachment, shall Jason Ravnsborg be disqualified from holding any office of trust or profit under the state?"; and

WHEREAS, at least two-thirds of the members-elect of the Senate voted in favor of disqualification, thereby disqualifying Jason Ravnsborg from holding any office of trust or profit under the state; and

WHEREAS, pursuant to Senate Resolution 702, Rule 5-9, the presiding officer pronounced a judgment of disqualification and stated the following: "The Attorney General of the State of South Dakota is disqualified from holding any office of trust or profit under the state as a result of being convicted of the first article of impeachment"; and

WHEREAS, pursuant to Senate Resolution 702, Rule 5-7, the presiding officer stated the following question to the Senate: "As a result of being convicted of the second article of impeachment, shall Jason Ravnsborg be disqualified from holding any office of trust or profit under the state?"; and

WHEREAS, at least two-thirds of the members-elect of the Senate voted in favor of disqualification, thereby disqualifying Jason Ravnsborg from holding any office of trust or profit under the state; and

WHEREAS, pursuant to Senate Resolution 702, Rule 5-9, the presiding officer pronounced a judgment of disqualification and stated the following: "The Attorney General of the State of South Dakota is disqualified from holding any office of trust or profit under the state as a result of being convicted of the second article of impeachment"; and

WHEREAS, on June 21, 2022, after the completion of the impeachment trial by the Court of Impeachment, the Court of Impeachment dissolved itself:

NOW, THEREFORE, BE IT RESOLVED, by the Senate of the Second Special Session of the Ninety-Sixth Legislature of the State of South Dakota, that it hereby recognizes and ratifies the proceedings of the Court of Impeachment; and

BE IT FURTHER RESOLVED, that the Secretary of the Senate is directed to file a copy of this resolution with the secretary of state and transmit a copy to the Chief Clerk of the House of Representatives.

Adopted by the Senate, June 21, 2022

_____________________ _____________________ Larry Rhoden Kay Johnson President of the Senate Secretary of the Senate