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Supreme Court suspends former AG Ravnsborg

todaySeptember 19, 2024 3

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PIERRE, S.D. (KELO) — The South Dakota Supreme Court has taken away the law license of former Attorney General Jason Ravnsborg for six months.

The state’s high court publicly released the disciplinary decision on Thursday.

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The justices found that Ravnsborg violated several standards of practice.

“While Ravnsborg is unlikely to continue practicing law in South Dakota, we conclude suspension is necessary to preserve the integrity of the profession and deter like conduct by other attorneys,” Chief Justice Steven Jensen stated in the decision.

Ravnsborg pleaded no contest to traffic violations after his car struck and killed pedestrian Joe Boever, who was walking along U.S. 14 at the west edge of Highmore.

The South Dakota House of Representatives impeached Ravnsborg after the crash and the South Dakota Senate voted to remove him from office. He became the first state official forced to involuntarily step down in the history of South Dakota.

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Ravnsborg argued his case in front of the Supreme Court in February. The Disciplinary Board of the South Dakota State Bar filed recommendations to the Supreme Court against Ravnsborg on May 19, 2023.

Ravnsborg was impeached in 2022 for his involvement in a deadly crash. More than a year earlier, he hit Joe Boever while driving near Highmore. Ravnsborg told investigators he thought he hit a deer. Boever’s body was discovered in the ditch the next morning.

On July 26, Ravnsborg posted on his Facebook page that he had graduated from the Army War College. He is a U.S. Army Reserve officer and combat veteran who has served tours in Afghanistan and Iraq and was awarded the Bronze Star Medal for his service in Iraq.

The justices in their decision on Thursday found that Ravnsborg violated Rule 8.4(c) which prohibits a lawyer from “engag[ing] in conduct involving dishonesty, fraud, deceit or misrepresentation[.]”  

Chief Justice Jensen wrote that Ravnsborg wasn’t truthful with investigators about the use of his phones prior to the crash. 

“Ravnsborg’s responses demonstrated a concerted effort to avoid criminal liability, through dishonesty and misrepresentations, which violated Rule 8.4(c),” Chief Justice Jensen stated. “Finally, Ravnsborg’s patent dishonesty concerning the use of his phone, as well as the developed forensic evidence, raise genuine questions about the integrity of his statements regarding the night of the accident. This conduct, particularly considering Ravnsborg’s prominent position as attorney general, reflected adversely on the legal profession as a whole and impeded the administration of justice.”

The justices also found that Ravnsborg’s conduct as attorney general violated two other rules governing attorneys.

Rule 8.4(d) states that “[i]t is professional misconduct for a lawyer to: engage in conduct that is prejudicial to the administration of justice[.]” Rule 8.4(e) states that “[i]t is professional misconduct for a lawyer to: state or imply an ability to influence improperly a government agency or official or to achieve results by means that violate the Rules of Professional Conduct or other law[.]”

Regarding rule 8.4(d), Chief Justice Jensen wrote, “It is evident, even as of the time of oral argument to this Court, that Ravnsborg failed to consider how his actions following the accident and the subsequent investigation, would impact his office’s ability to fulfill its duties in such a way that maintained the public’s confidence. During this time, Ravnsborg concealed himself from the public eye, failed to acknowledge the seriousness of the ongoing investigation, and perhaps most importantly, did nothing to reassure the public that he could continue to perform his responsibilities as attorney general while the investigation and criminal prosecution continued.”

The chief justice continued, “Each decision he made was influenced by personal aspirations and political survival rather than his responsibility to serve the public and uphold the integrity of his office. Ravnsborg’s actions cast a cloud of needless scrutiny on the office of the attorney general. His actions raised genuine doubts about whether he could fulfill his responsibilities asthe State’s chief law enforcement officer.”

The justices also found that Ravnsborg violated the professional rules of conduct on several occasions prior to the crash when he was stopped for speeding and told law enforcement officers that he was the attorney general.

“In each instance, the officer released Ravnsborg without issuing a citation. A review of each video shows ill-disguised yet successful efforts by Ravnsborg to use his position as attorney general to avoid culpability,” Chief Justice Jensen wrote.

“This pattern of conduct continued on the night of the accident,” the chief justice continued. “Ravnsborg introduced himself to the 911 operator on the night of the accident as the attorney general. After the operator answered Ravnsborg’s call, Ravnsborg immediately stated, ‘this is the Attorney General[,]’ and did not use his real name until asked by the operator later on in the call. At that moment in time, there was no legitimate reason to identify himself as the attorney general. These interactions display an ongoing pattern of conduct of using his professional title to improperly influence government officials or receive special treatment.”

The justices said Ravnsborg’s use of his title on these occasions were violations of both rules 8.4(d) and 8.4(e).

The State Bar disciplinary board had recommended that the court issue a 26-month suspension of Ravnsborg’s law license, similar to what the court did to former Governor and U.S. Rep. Bill Janklow after he was found guilty of felony reckless manslaughter in the death of a motorcyclist.

But in this instance, the Supreme Court found that Ravnsborg had pleaded no-contest to two traffic violations. The justices noted other distinctions.

“Ravnsborg has not practiced law since his impeachment, and he indicates that he does not plan to practice law in South Dakota after these proceedings are concluded. We recognize that between his military service and involvement in state government, Ravnsborg has been a well respected public servant for most of his career. He was decorated on several occasions for his military service and is under consideration for a promotion to colonel in the Army Reserve,” Chief Justice Jensen wrote.

On the other hand, the chief justice stated, “In the course of this disciplinary proceeding, Ravnsborg has not acknowledged or accepted responsibility for this conduct but has continued to justify his actions.”

The court therefore arrived at a six-month suspension for Ravnsborg. It began Thursday.

Written by: The Dam Rock Station

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