Disciplinary board, Supreme Court referee at odds over suspension for Jason Ravnsborg

Dominik Dausch and Prerana Sannappanavar, Sioux Falls Argus Leader

The State Bar of South Dakota Disciplinary Board and lawyers for Jason Ravnsborg, the former South Dakota Attorney General who was involved in a fatal 2020 car crash that killed a pedestrian, have made formal recommendations ahead of oral arguments expected before the state's Supreme Court next week.

Ravnsborg will be appearing before the court to take on the board at 9 a.m. Feb. 14 at the state Capitol.

The crux of two court documents obtained by the Argus Leader indicate retired judge Bradley Zell has recommended the former attorney general should not lose his ability to practice, a conclusion at odds with the disciplinary board's view that a 26-month suspension is appropriate.

Instead, Zell, who was appointed by the judicial tribunal in June to furnish a decision on the matter, concluded the court should issue a public reprimand without suspension, the documents read.

The complaint against Ravnsborg, which was filed by Alexis Tracy, the former State's Attorney for Clay County, is centered on the state's Rules of Professional Conduct statute, particularly about whether Ravnsborg's actions fall under various misconduct rules.

Those rules include the following:

  • committed a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects;

  • engaged in conduct involving dishonesty, fraud, deceit or misrepresentation;

  • engaged in conduct that is prejudicial to the administration of justice;

  • or stated or implied 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.

Of the four rules Zell weighed in on, the appointed referee found Ravnsborg only violated one misconduct rule, in which he stated or implied 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.

The disciplinary board holds that Ravnsborg should still receive the 26-month suspension on his law license.

If the court agrees with the board, the former attorney general's suspension would be retroactively prorated back to June 21, 2022, the day the state Senate removed him from office.

The documents put a spotlight on underrepresented aspects of the case.

This includes Zell's findings of fact, conclusions of law and recommendation, as well as original date of the complaint's filings — Sept. 6, 2022, less than two months after his impeachment.

In response to Zell's conclusion that the state Supreme Court should not suspend Ravnsborg from practicing as a lawyer, the disciplinary disagrees for multiple reasons.

[documentcloud url="https://www.documentcloud.org/documents/24413195-30354_jrr_briefs?responsive=1&title=1"]

Ravnsborg’s impeachment, the first in South Dakota’s history, unfolded in the state Senate and was based on two articles, including crimes causing death and malfeasance in office.

The decision to impeach came from the Senate after Ravnsborg’s involvement in a Sept. 12, 2020, car crash that killed 55-year-old Joseph Boever.

In Aug. 2021, Judge John Brown found Ravnsborg guilty of two class-2 misdemeanors after the attorney general took a plea deal that allowed him to plead no contest to driving outside his lane and driving while using an electronic device.

The state dropped a third charge of careless driving.

This article originally appeared on Sioux Falls Argus Leader: State bar recommends Jason Ravnsborg's law license be suspended

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