Oct 14, 2005 9:48 pm US/Central
Janklow Asks S.D. Court To Restore Law License
Pierre, S.D. (AP) ―
Bill Janklow, a former congressman and four-term governor, on Friday asked the South Dakota Supreme Court to restore his law license, saying he's sorry for his role in a fatal traffic crash but that the accident had nothing to do with the practice of law.
The State Bar's Disciplinary Board recommended that Janklow regain his law license on Feb. 15. If the 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 offenses related to an August 2003 crash that killed a motorcycle driver.
Janklow, 66, spoke for several minutes at the end of a half-hour court hearing on his law license.
"Every day I understand that somebody died in a traffic accident. I don't think it affects my ability to be a lawyer," Janklow said. "I can just tell you that I'm sorry for what happened, and I think people understand that. On the other hand, I've enjoyed being a lawyer. I like practicing law."
He also said he has never knowingly violated any of the legal rules that govern lawyers' conduct.
Janklow has asked that his law license be reinstated immediately, arguing that his resumption of work as a lawyer would not pose a threat to the public and would not damage the integrity of the legal profession. His lawyer noted that Janklow has a long history of representing clients for free.
The state's highest court will have the final say, settling the question in a written decision to be issued later.
Janklow's license was automatically suspended after a jury in December 2003 found him guilty 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 found guilty of speeding, running a stop sign and reckless driving. He resigned his seat in Congress effective Jan. 20, 2004, just a year after he took office as South Dakota's lone member of the U.S. House.
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 as part of the sentence.
Steele also told the Disciplinary Board that he believes Janklow should not be allowed to practice law until his three-year probation ends in 2007.
The Disciplinary Board found that Janklow is remorseful for the fatal crash and would not present a danger to clients if he resumed practicing law. The board also found that his convictions do not reflect adversely on his fitness to practice law, his honesty or his trustworthiness.
Robert Frieberg, the board's lawyer, said the tragic crash was unintentional and not related to Janklow's fitness to be a lawyer.
Two justices asked whether restoring Janklow's law license would reflect on the public's image of the legal profession.
Frieberg said the Disciplinary Board decided Janklow's convictions did not affect his ability to practice law.
"I think the board was very convinced there is no question about his ability or his competence or his trustworthiness," Frieberg said.
The board noted that Janklow's conduct reflected indifference to traffic laws and a disregard for the results and risks of that behavior, but it also reported that he has a history of representing poor people and would continue to do so if allowed to resume work as a licensed lawyer.
Janklow acknowledged he sometimes exceeded the speed limit while governor. He said that speeding was inappropriate, but he often had to get to the scene of a forest fire, tornado or other disaster as soon as possible. "I was a hero for getting there in a hurry."
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 the jury found him guilty.
Brent Wilbur, the lawyer representing Janklow, said Janklow has had a distinguished career as a lawyer and public official. He represented many poor people, successfully defended 31 people accused of homicide and won three cases in the U.S. Supreme Court, Wilbur said.
Janklow has a history of representing "the little people of South Dakota," so his reinstatement to practice law would not damage the reputation of the legal profession, Wilbur said.
A goal of attorney discipline is to protect the public, but there is no need to protect the public from Janklow because his offenses did not involve incompetent, unethical or fraudulent behavior, Wilbur said.
"There is no reason to believe he's anything but a fine, ethical lawyer," Wilbur said.
The five Supreme Court justices disqualified themselves from hearing the case involving Janklow's law license, just as they removed themselves from Janklow's appeal of his convictions for manslaughter and reckless driving. Janklow appointed four of them to the high court while he was governor, and he appointed the fifth earlier as a circuit judge.
Five circuit judges were appointed to serve as substitute justices in the case involving Janklow's law license.
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