Pierre, SD (November 22, 2023) – The South Dakota Freedom Caucus today expressed strong disapproval of the legislative leadership’s management of Governor Kristi Noem’s request for an advisory opinion from the South Dakota Supreme Court on conflicts of interest, and in their efforts to weaken conflict of interests laws.

“The legislative leadership’s failure to engage the full legislature in this process has caused a lot of concern with many House and Senate members,” said Representative Aaron Aylward, Chair of the South Dakota Freedom Caucus.

The Caucus’s concerns have been significantly amplified by the arguments that these legislative leaders are preparing to make before the Supreme Court.

Senate President Pro-Tempore Lee Schoenbeck issued a letter on October 25, 2023, supporting an advisory opinion from the Supreme Court, promoting the minority opinion from Justice Gilbertson in Pitts v. Larsen and Asphalt Surfacing Co. v SD Dept of Transportation. Adopting this standard would allow for direct conflicts of interests by legislators and other elected officials. This promotion, which would weaken conflict of interest restrictions, was done without proper consultation with legislators, and further does nothing to answer the original question within Governor’s Noem request to clarify “the extent of what constitutes an indirect interest.”

The South Dakota Freedom Caucus strongly opposes adopting the minority opinion from Pitts or any other interpretation of the SD Constitution that could dangerously weaken conflict of interest restrictions.

“Endorsing a minority opinion that allows direct monetary interests for legislators without our input is not only offensive but threatens the foundation of ethical governance,” stated Representative Tony Randolph, Vice-Chair of the Caucus.

The South Dakota Freedom Caucus stated that they are firmly opposed to any efforts by the legislative leadership to overturn the long-standing South Dakota Supreme Court restrictions on direct conflicts of interest for elected officials, but seeks clarifications on the less obvious aspects of indirect conflicts of interest, believing that the maintenance of these standards is crucial for upholding the integrity of our governmental processes.

“The legislative leadership’s current trajectory is alarming,” remarked Representative Tina Mulally, Treasurer of the Caucus. “We do not want conflict of interest standards weakened, nor do the people of South Dakota. We stand for transparent and inclusive decision-making by legislative leadership, which is currently lacking.”

The South Dakota Freedom Caucus calls for immediate rectification in the handling of this matter, advocating for greater inclusivity and transparency in the legislative process.

“Our commitment is to the principles of integrity and accountability,” Representative Tina Mulally concluded. “Should any legislator be found to have a clear and obvious conflict of interest, we urge them to either recuse themselves or resign their office immediately, as may be appropriate. It is vital for the trust and integrity of our government that elected officials serve without conflicting interests that could compromise their duty to the public.”