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Sioux Falls Argus Leader v. Miller5/10/2000
ORIGINAL PROCEEDING
Dismissed
Argued Mar 20, 2000; Opinion Filed May 10, 2000
[ ] The Sioux Falls Argus Leader and other members of the media (Media) () seek a writ of prohibition alleging that Circuit Court Judge Ronald K. Miller exceeded his authority in entering a pretrial participant gag order in the matter of State v. Layne and Wagaman, CR 99-144. The order, inter alia, prohibits trial participants from publicly discussing the case. Media claims this order violates its First Amendment right of freedom of the press. We granted an alternative writ, ordering the State and Judge Miller to show cause why the writ should not be made permanent. We now hold the participant gag order is neither unconstitutional nor excessive of the trial court's authority. We deny Media's application.
FACTS AND PROCEDURE
[ ] Following the death on July 21, 1999 of 14-year-old Gina Score at a state training school in Plankinton, the State filed criminal charges against Raelene Layne and Tamara Wagaman, former employees of the school, alleging manslaughter and felony child abuse. () Governor William J. Janklow, who had earlier publicly claimed that the State of South Dakota was liable regarding the events surrounding Score's death, later inferred the former employees were at fault and that they had acted outside the school's prescribed policies. Former United States Representative and Senator and one of Wagaman's attorneys, James Abourezk, held a press conference at his Sioux Falls office seeking to place his client in a more favorable public light. He explained to reporters that Governor Janklow and the attorney general's office "have had four months to 'demonize'" his client. Attorney Timothy Whalen held a similar press conference November 29 in his Lake Andes office regarding the charges against Layne, his client. Immediately after these press conferences, it was reported by the media that Governor Janklow had remarked that unless Abourezk stopped talking to the press, he (the governor) would "start telling all the potential jurors in South Dakota exactly what the facts are." The governor was quoted in this same article as stating, "I got mad when I found out that Gina Score died by the actions of some people." (Associated Press, December 1, 1999).
[ ] On November 29, 1999, State filed a pretrial motion seeking an order prohibiting the attorneys, parties and witnesses involved from discussing the case with members of the press. A hearing on this motion was scheduled for December 10. Media's request to appear and to challenge the motion was granted. At the hearing, both the prosecution and defendant agreed that the court should issue the gag order to protect Layne's and Wagaman's constitutional right to a fair trial. On December 17, 1999, the trial court entered an order prohibiting certain conduct it believed would inhibit both the State's and the defendants' rights to fair and impartial proceedings that may eventuate in a trial. ()
ANALYSIS AND DECISION
Availability of Writ
[ ] This Court has both constitutional and statutory authority to issue writs of prohibition to arrest the proceedings of any tribunal when such proceedings are without jurisdiction or in excess of the power of authority conferred by law upon the tribunal. SD Const art V, ยง 5, SDCL 21-30-1, 21-30-2; Cummings v. Mickelson, 495 NW2d 493, 495 (SD 1993). Writ of prohibition is an extraordinary remedy and is available only when there is no "plain, speedy and adequate remedy in the ordinary course of law." SDCL 21-30-2. The applicant must be one who is "beneficially interested." SDCL 21-30-3.
[ ] In applying for a peremptory writ of p
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