Bill Janklow | |
|---|---|
.jpg) Portrait,c. 2003 | |
| 27th and 30thGovernor of South Dakota | |
| In office January 7, 1995 – January 3, 2003 | |
| Lieutenant | Carole Hillard |
| Preceded by | Walter Dale Miller |
| Succeeded by | Mike Rounds |
| In office January 1, 1979 – January 6, 1987 | |
| Lieutenant | Lowell Hansen |
| Preceded by | Harvey Wollman |
| Succeeded by | George S. Mickelson |
| Member of theU.S. House of Representatives fromSouth Dakota'sat-large district | |
| In office January 3, 2003 – January 20, 2004 | |
| Preceded by | John Thune |
| Succeeded by | Stephanie Herseth Sandlin |
| 25thAttorney General of South Dakota | |
| In office January 3, 1975 – January 1, 1979 | |
| Governor | Richard Kneip Harvey Wollman |
| Preceded by | Kermit Sande |
| Succeeded by | Mark Meierhenry |
| Personal details | |
| Born | William John Janklow (1939-09-13)September 13, 1939 Chicago,Illinois, U.S. |
| Died | January 12, 2012(2012-01-12) (aged 72) Sioux Falls, South Dakota, U.S. |
| Resting place | Black Hills National Cemetery |
| Political party | Republican |
| Spouse | Mary Dean Thom |
| Education | University of South Dakota (BS,JD) |
| Military service | |
| Allegiance |  United States |
| Branch/service |  United States Marine Corps |
| Years of service | 1956–1959 |
| Rank | Private First Class |
| Unit | 3rd Marine Division |
| Battles/wars | Second Taiwan Strait Crisis |
| Awards | 823 Badge of Honor (Taiwan) |
William John Janklow (September 13, 1939 – January 12, 2012) was an American lawyer and politician and member of theRepublican Party who holds the record for the longest tenure as thegovernor of South Dakota: sixteen years in office. Janklow had thethird-longest gubernatorial tenure in post-Constitutional U.S. history at 5,851 days.[1]
Janklow served as the 25thAttorney General ofSouth Dakota from 1975 to 1979 before serving as the state's27th Governor from 1979 to 1987 and then the 30th Governor from 1995 to 2003. Janklow was then elected to theUnited States House of Representatives, where he served for a little more than a year. He resigned in 2004 after being convicted ofmanslaughter for his culpability in a fatal automobile crash.
Janklow was born inChicago, Illinois. When Janklow was 10 years old his father died of a heart attack while working as a prosecutor at theNuremberg Trials in Germany.[2] His mother moved the family back to the United States, and in 1954 when Janklow was 15, they settled in her home town ofFlandreau, South Dakota.[3]
In 1955, Janklow's repeated acts of juvenile delinquency landed him in court.[4] A judge gave him two options—reform school or the military.[3] Janklow dropped out of high school and joined theU.S. Marine Corps in 1956.[3] He attended basic training atCamp Pendleton,California.[5] He was then trained as a personnel clerk and assigned to the3rd Marine Division atCamp Kinser,Okinawa.[6] He was part of the Marine contingent that participated in the U.S. response to the 1958Quemoy-Matsu international crisis.[7] Janklow was shot in the leg while he was part of a detachment that was delivering cannons to Taiwanese troops, and received an honorable discharge as aprivate first class in 1959.[4][7][8] In 1999, the government of Taiwan presented Janklow the 823 Badge of Honor, an award created to commemorate the Quemoy-Matsu conflict, which began on August 23, 1958.[8]
After leaving the Marines, Janklow began attendance at theUniversity of South Dakota.[7] When administrators discovered he lacked a high school diploma, Janklow convinced them to let him remain at the university if he maintained good grades.[7] He graduated in 1964 with aBachelor of Science degree in business administration.[7]
Janklow went on to earn aJ.D. at theUniversity of South Dakota School of Law in 1966. He then worked asLegal Services lawyer for six years on theRosebud Indian Reservation, advancing to direct the program there. In 1973, he was appointed chief prosecutor and chief of litigation in the South Dakota Attorney General's Office, where he "quickly earned a reputation as a top trial lawyer".[9]
In 1974, Janklow was the successful Republican nominee for attorney general, and he served from 1975 to 1979. Among the highlights of his term were two cases he argued before theUnited States Supreme Court,South Dakota v. Opperman andRosebud Sioux Tribe v.Kneip.[10] InOpperman, Janklow argued successfully (5 Justices to 4) that a warrantless search of a vehicle that had been impounded for a parking violation was permissible.[11] (The South Dakota Supreme Court later suppressed the search on state constitutional grounds.)[11] InRosebud, Janklow successfully argued (6 Justices to 3) the legality of federal statutes which had reduced the size of theRosebud Indian Reservation without regard to the provisions of existing treaties between the tribe and the federal government.[11]
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Janklow was first elected governor in 1978. He was reelected in 1982 with nearly 71 percent of the vote, the highest percentage won by a gubernatorial candidate in the state's history.[12] The legislature had repealed the personal property tax the year before he took office, but did not provide a replacement revenue source. Since the personal property tax funded local governments, the legislature mandated that the state government replace the revenue. Once in office, Janklow worked with the legislature to make up the lost tax income by enacting a contractor's excise tax and reforming the franchise tax on banks. An improved economy also helped in the state's effort to make up the lost revenue.
In 1979 Janklow signed into law a bill reinstating capital punishment in South Dakota. Another initiative that year was to abolish the state's Department of Environmental Protection, allegedly because of its role in efforts by the Sioux to block resource development in theBlack Hills.[13] Janklow supported passage of legislation to remove South Dakota's limit oninterest rates. This attracted banks: for instance,Citibank opened a credit card center inSioux Falls.[14] Several states had similar laws, overturning previous policies against high rates. Under the federal banking rules a state had to formally invite a bank into their state, and South Dakota invited Citibank before other states.
In 1980, Janklow arguedReeves, Inc. v. Stake before the U.S. Supreme Court.[11] The case had been initiated while he was attorney general, and Janklow argued it because he was the attorney in South Dakota's government who was most familiar with the details.[11] In arguingReeves, Janklow became the first sitting governor to argue before the Supreme Court on behalf of his state.[11] Janklow was successful (5 to 4) in his argument that the state-owned cement plant could legally discriminate against out-of-state buyers in its pricing, which created the "market participant exception" to the U.S. Constitution'sDormant Commerce Clause.[11]
When theMilwaukee Railroad went into bankruptcy, Janklow called a special session of the legislature on the issue. The state purchased the main line of the defunct railroad. The state leased its property to theBurlington Northern, thereby preserving critical railway shipping of commodities for much of the state. Janklow increased accessibility for thedisabled to public and private facilities in state.[citation needed]
Barred by state law from running again in 1986, Janklow challenged the incumbentU.S. SenatorJames Abdnor in the Republican primary. Janklow lost, with Abdnor winning by a 55 percent to 45 percent margin. The primary battle was considered to weaken Abdnor, contributing to the latter's loss in the general election to DemocratTom Daschle, then South Dakota's lone member of the U.S. House of Representatives.[citation needed]
Janklow returned to politics in 1994, when he defeated incumbentWalter Dale Miller in the Republican gubernatorial primary. He was handily elected that year and was reelected in 1998. In his second two terms, he cut property taxes for homeowners and farmers by 30 percent, but was able to make up the revenue loss caused by the voters' repealing the inheritance tax.[15] Janklow is the longest-serving governor in South Dakota history. He was at the time the only person in the state's history to serve eight full years as governor, which he did twice. Since then, his record has been equaled byMike Rounds, who served two full terms as governor from 2003 to 2011, andDennis Daugaard, who served from 2011 to 2019.
TheAssociated Press, in conjunction with theSioux Falls newspaperArgus Leader, filed a request to obtain information on pardons granted by Janklow between 1995 and 2002 per state law that requires the release of records classified as public by the legislature when requested by an entity. Reporters found that the pardons did not follow the statutory process, which requires pardons to be reviewed by an independent commission. Among Janklow's pardons was one for his son-in-law for convictions for drunk driving andmarijuana possession.[16]
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In 2002, Janklow ran for the Republican nomination for South Dakota's only House seat. He defeated theDemocratic candidate,Stephanie Herseth, an attorney, by a vote of 180,023 (53%) to 153,656 (46%).
On August 16, 2003, Janklow was involved in a fatal traffic collision while driving his car, when he failed to stop at an intersection nearTrent, South Dakota. Janklow ran through a stop sign, and collided with motorcyclist Randy Scott.[17] Scott, a 55-year-old Minnesotan, was thrown from his motorcycle and killed instantly. Janklow's vehicle traveled 300 feet beyond the point of impact and hit a sign in a field. He suffered a broken hand and bleeding on the brain. In the ensuing investigation, officials determined Janklow was driving at least 70 miles per hour in a 55 mph zone and that he ran a stop sign at the intersection where the crash occurred.[18]
Janklow wasarraigned on August 29, and said he "couldn't be sorrier" for the crash. His trial began on December 1. In his defense, his lawyer said that he suffered a bout ofhypoglycemia, or low blood sugar, and was "confused" and "mixed up".[19] Janklow testified that he had taken aninsulin shot the morning of the crash and had not eaten anything throughout the day.[20] Medical witnesses said this could result in low blood sugar, which might cause disorientation.[20]
Robert O'Shea, anaccident reconstruction expert, testified that he estimated the Congressman's speed to be 63 or 64 miles per hour at the time of impact, judging from details from theelectronic data recorder of the Cadillac and "his own analysis".[21] The State Highway Patrol investigator had said in testimony that he estimated Janklow's speed as "at least 70 mph". From his analysis, O'Shea said Scott's motorcycle's speed may have been as much as 65 mph; this was in contrast to the Highway Patrol's estimate of 59.[21][22]
Most of Janklow's previous driving record was suppressed at the trial,[20] but the superintendent of the state highway patrol reported publicly that Janklow had 16 traffic stops during his last term as governor for which he was not ticketed, out of both "respect for his authority" and a "fear of retribution".[23] From 1990 to 1994, Janklow had 12 speeding tickets, with fines totaling $1000.[23][24] Two troopers were allowed to testify that they had stopped Janklow for speed in excess of 80 miles per hour while driving on rural roads, but had opted to issue him written warnings rather than traffic citations.[20]
On December 8, 2003, Janklow was convicted by aMoody County jury of second-degreemanslaughter, a felony, as well as the misdemeanors of speeding, running a stop sign, and reckless driving.[25] A month later, he resigned his seat in Congress effective January 20, 2004.[26] On January 22, Janklow was sentenced to spend 100 days in jail.[27] After 30 days, he was able to leave the jail for several hours each day in order to performcommunity service.[28] He was released on May 17, 2004.[29]
Scott's family sued Janklow for damages, but the court ruled that because Janklow was on official business at the time, he was protected from any monetary claims by theFederal Tort Claims Act, which ascribes liability to the government as opposed to the individual who is acting in a governmental capacity. In July 2006, Scott's family filed a $25 million wrongful death suit against the U.S. government. The lawsuit was settled for $1 million on May 14, 2008.
In 1974, a month before the election for state attorney general for which Janklow was a candidate,Jancita Eagle Deer filed a petition through her attorney Larry Leventhal and tribal advocateDennis Banks to disbar Janklow to keep him from practicing in tribal court. According to Banks, in early 1967, Eagle Deer, then a 15-year-old Lakota schoolgirl at the Rosebud Boarding School on theRosebud Indian Reservation, reported to her school principal that Janklow, her legal guardian and for whom she was working as a babysitter, had raped her on January 13.[30]
TheBureau of Indian Affairs (BIA), then responsible for law enforcement on the reservation, allegedly sent the police investigation case file of the rape (for which it had custody) to itsAberdeen, South Dakota office to keep it away from the Rosebud Sioux Tribal Court.[31]
Judge Mario Gonzalez of the Rosebud Indian Reservation tribal court granted Eagle Deer's petition to disbar Janklow from practicing law on the Rosebud Reservation. At the request of Eagle Deer's attorneys, the tribal court "issued a misdemeanor arrest warrant for Janklow based on sworn testimony on Eagle Deer's behalf (since it was generally believed at the time that tribal courts had jurisdiction over non-Indians)", but no arrest was made.[31] Janklow denied all allegations connected with the rape case, and no criminal charges were filed.
In 1975, Janklow was investigated by theFBI before being nominated as a candidate for appointment to the board of theLegal Services Corporation. The White House Counsel underPresident Gerald Ford forwarded its recommendation to the Senate Judiciary Committee, saying its investigation of the rape case concluded there was insufficient evidence.[32] Ford's appointment of Janklow, to LSC's board as its first president was later confirmed by the Senate.
In April 1975, Jancita Eagle Deer was killed at night in a hit-and-run collision in southern Nebraska. After her death, Jancita's step-mother, Delphine Eagle Deer, sister ofLeonard Crow Dog, advocated on the young woman's behalf. Delphine Eagle Deer was murdered in a still-unsolved case about nine months later in 1976.[33]
In the 1980s, Janklow filed libel suits against the authorPeter Matthiessen andViking Press for a statement included in the bookIn the Spirit of Crazy Horse (1983), and another suit againstNewsweek magazine for its coverage of the alleged rape. The publications had included statements ofDennis Banks, founder and leader of theAmerican Indian Movement (AIM). In each case, the courts upheld the freedom of speech principle for the authors and publishers under theFirst Amendment.[citation needed]
Matthiessen included a statement by Banks about the rape accusation, as well as allegations that during the same period, Janklow had been arrested on the Rosebud reservation for driving drunk and shooting pet dogs. Janklow, by then serving as governor, sued both the author and publisherViking Press for libel, which delayed publication of the paperback version of the book until 1992.[31][32][34][35] Janklow's complaint, referring to the statement by Banks about rape, "cited a 1975 letter fromPhilip Buchen, head of the Office of Counsel to the President of the United States, to the Senate Committee on Labor and Public Welfare, saying that three Federal investigations found the allegations against him 'simply unfounded.' The Senate committee was considering Mr. Janklow's nomination as a director of theLegal Services Corporation..."[32]
Janklow's suits were dismissed based onFirst Amendment protection of free speech. He filed a libel suit againstNewsweek based on an article in the weekly's February 21, 1983, issue that included the disputed passage by Dennis Banks.[32]Janklow v. Newsweek Inc. (1986), was brought before theUnited States Court of Appeals for the Eighth Circuiten banc appealing the decision of the Hon. John B. Jones, United States District Judge for the District of South Dakota, thatNewsweek magazine had not defamed Janklow. The lower court's decision was affirmed by the appeals court, with BOWMAN, Circuit Judge, joined by ROSS and FAGG, Circuit Judges, dissenting.[36]
After January 5, 2006 (effective February 2006), when theSouth Dakota Supreme Court granted his petition for early reinstatement of his license to practice law, Janklow worked as an attorney. In spring 2006, theMayo Clinic retained him to lobby against theDM&E Railroad expansion. He also represented landowners who were seeking reimbursement from the railroad for the taking of their property.
On November 4, 2011, Janklow announced during a press conference that he had terminal brain cancer.[37] He died at a hospice care facility in Sioux Falls on January 12, 2012, aged 72.[38] GovernorDennis Daugaard ordered that flags across the state be flown athalf staff.[39] Janklow was buried atSturgis, South Dakota'sBlack Hills National Cemetery, Section I, Site 127.[40]
This article incorporatespublic domain material from the Biographical Directory of the United States Congress
| Legal offices | ||
|---|---|---|
| Preceded by | Attorney General of South Dakota 1975–1979 | Succeeded by |
| Party political offices | ||
| Preceded by Ron Schmidt | Republican nominee forAttorney General of South Dakota 1974 | Succeeded by |
| Preceded by John E. Olson | Republican nominee forGovernor of South Dakota 1978,1982 | Succeeded by George Mickelson |
| Preceded by George Mickelson | Republican nominee forGovernor of South Dakota 1994,1998 | Succeeded by Mike Rounds |
| Political offices | ||
| Preceded by | Governor of South Dakota 1979–1987 | Succeeded by |
| Preceded by | Governor of South Dakota 1995–2003 | Succeeded by |
| U.S. House of Representatives | ||
| Preceded by | Member of theU.S. House of Representatives fromSouth Dakota's at-large congressional district 2003–2004 | Succeeded by |
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| One at-large seat (1983–present) |
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