How many judges does it take to get rid of a complaint towards the governor?
I find it hysterical that three supposed well educated judges in our state don’t know the definition of ‘state business‘
The state Government Accountability Board dismissed a complaint Tuesday regarding Gov. Kristi Noem’s use of state aircraft, citing no sufficient legal definition of “state business.”
Isn’t law prickly? Judges conveniently throw out a complaint saying a law doesn’t exist. So if that is true, how do thousands of state employees show up to work each day and know what to do if a legal definition of state business doesn’t exist?
Game wardens could argue fishing all day with a state patrol boat is ‘state business’. Or a highway patrol officer could give UBER rides during their down time. Why not? There is NO definition of state business. And do you trust this legislature to fix it? They are still trying to figure out what the definition of ‘elected representative’ means.
When out legislative process fails we go to the judicial branch for clarity. Senator Nesiba points that out;
In October, Nesiba said the current law allows the attorney general or a state’s attorney discretion to look at “state business” and what it means.
I guess these judges are struggling with defining the state’s legal definition of ‘state business’
Noem has faced scrutiny for a number of her uses of state aircraft, including flights from Custer and back again during the weekend of her daughter’s 2019 wedding at Custer State Park. Noem has also used a state airplane to attend several political functions in other states.
If you do a five second Google search you will find this handy piece of information;
Official state business or “state business” means any activity conducted in conformance to these rules and directed and controlled by a state agency to advance the lawful policies and purposes of the agency.
I don’t have a fancy law degree or a judgeship under my belt, but I am pretty sure flying your nephew to your Daughter’s Jewish Gun Rights CPAC Wedding extravaganza isn’t the definition of ‘state business’. Maybe if the 4th judge decided not to recuse themself the 4 of them could have took turns typing the definition into the Google search engine?