The South Dakota Supreme Court will hear oral arguments for a request for clarification on a state constitutional provision related to conflicts of interest.
The arguments will occur at 11 a.m. on Monday, January 8. That's the day before legislative session starts.
The governor, legislature and Attorney General will each get 20 minutes to present their case.
The confusion is over what constitutes a contract with the state, which the constitution prohibits while a lawmaker holds office.
Gov. Kristi Noem has expressed hesitancy about filling two vacant Rapid City legislative seats until there’s clarification on the provision.
"Necessary to the Governor's consideration of any candidate must be an inquiry into whether the candidate is qualified and eligible for the appointment, possesses the skill to accomplish the job for their constituents, and whether a direct or indirect conflict of interest exists," Noem's lawyer Katie Hruska wrote in a brief filed on Dec. 15.
Noem is calling on the supreme court to issue a clarification.
"If these vacancies are maintained after legislative session begins on Jan. 9, 2024, further impact to the Legislature will be felt as committee assignments are made, votes are taken, and policies are shaped, having an immediate impact on the legislative branch of state government," Hruska wrote.
While a vacancy once session starts appears likely, the governor's office has repeatedly declined to say when the seats will be filled.
