RESS S.D. Social Services Wants Tribes’ Lawsuit …tearsheets.yankton.net › may13 › 052213 ›...

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Dennis KnudsenROBEBUCK, S.C. — Dennis Lee

Knudsen entered into rest May 3,2013, at the Charlie Norwood VAMedical Center, Augusta, Ga.

Mr. Knudsen’s cremains will beburied at a later date in Turkey Val-ley Cemetery.

McNeill Funeral Home 109 ShawSt. Martinez, Ga., is overseeingarrangements.

Warren KuhlerWarren G. Kuhler, 90, died Mon-

day, May 20, 2013, at Wakonda. His funeral service will be at

10:30 a.m. Saturday,May 25, 2013, at theUnited MethodistChurch inWakonda. Burialwill be in the UnionCemetery atWakonda with mili-tary honors by theAmerican LegionGingrich-DixonPost #13.

Visitation will be from 4-8 p.m.Friday, May 24 at the Hansen Fu-neral Home in Irene with a prayerservice at 7 p.m. Memorials may bedirected to the Wakonda Commu-nity Health Foundation.

Visitwww.hansenfuneralhome.com.

Warren George Kuhler was bornMay 25, 1922, to George and Ellen(Buehler) Kuhler in Wakonda. Hegraduated from Wakonda HighSchool where he was active inmusic and sports. In 1939, he was amember of the first basketballteam from Wakonda to play in theSouth Dakota state basketball tour-nament. While a student at Morn-ingside College in Sioux City, Iowa,Warren enlisted in the U.S. Armyand was called to active service in1943. He took his Air Force cadettraining at Moorhead, Minnesota.While in the Fargo-Moorhead area,he met his future wife, Lillian MaeHennings. They were married Feb-ruary 14, 1945, at the AmericanLutheran Church in Fargo. Warrengraduated as a Second Lieutenantfrom navigation school at San Mar-cos, Texas, and from flight engi-neering school at Amarillo, Texas.He had a dual rating as a navigatorand flight engineer on B-29 aircraft.After being honorably dischargedfrom the U.S. Army Air Corps in1946, he finished his education atMorningside College.

Warren returned to Wakonda tofarm with his father before movingto Colton, California in 1956 to gointo partnership with his brother-in-law in the Blue Mountain Dairy.After two years, he returned toWakonda to the family farm. He

was always very proud that hisfamily had farmed the same landsince 1878 and that the farm re-mains in the family still today.

In 1962, Warren left full-timefarming to become the director ofthe South Dakota United MethodistFoundation for the next sevenyears. He became the administra-tor of the Pioneer Hospital andNursing Home in Viborg in 1969, aposition which he held for 21years. He held several offices onthe state and national level withhealth care associations and waselected a Fellow in the AmericanCollege of Nursing Home Adminis-trators in 1976. Dakota WesleyanUniversity awarded him an hon-orary doctorate degree in 1979.

Warren was a member of theWakonda United Methodist Churchand a life member of the AmericanLegion. For many years he was ac-tive in the Wakonda CommunityClub, the Wakonda DevelopmentAssociation, the Wakonda AlumniAssociation, the Clay County His-torical Association, the WakondaCommunity Health Foundation andwas editor of the Wakonda Centen-nial History book. He was instru-mental in the building of theWakonda Heritage Manor NursingHome, assisted living apartmentsand free-standing apartments, andthe Wakonda Café. Warren enjoyedsinging and his voice was heard incommunity groups for many years,including the church choir. He sangbaritone in a male quartet for sev-eral years which included OrvilleBrugger, lead, Cockey Hatch, bass,and Adolph Forsberg, tenor.

Warren’s love and devotion toGod was a priority in his life. Heprojected his Christian spirit in allaspects of his life. Within theUnited Methodist Church he per-sonified lay leadership on the local,state and national levels. In 2009,he was honored as Lay LeaderEmeritus. Warren and Lillian en-joyed traveling and visiting othercountries and cultures. They vis-ited six continents and all fiftystates during their retirement. War-ren enjoyed spending time with hisfamily, of which he was very proud.

He was preceded in death byhis parents; his wife, Lillian onApril 19, 2013; and his brother-in-

law, Herbert Rowley.Survivors include his children,

George (Deborah) Kuhler of Huron,Margaret (Stevan) Peterson ofWakonda, and Karen (Jeff) Tram-mell of Sioux Falls; six grandchil-dren, John (Kelli) Peterson ofWakonda, Karen (Chad) Hutchin-son of Sioux Falls, Carrie Peterson(Nathan Clark) of Aalborg, Den-mark, Ellen (Kersten) Kappmeyerof Sioux Falls, Alyssa (Trent)Schafer of Watertown, and EricChesley of Sioux Falls; three great-grandchildren, Julia Hutchinsonand Braxton and Mason Chesley;his sister, Mary Ellen Rowley of SunCity, California; and many niecesand nephews.

Yankton Press & Dakotan

May 22, 2013

Joyce DallmanJoyce K. Dallman, 82, of Hart-

ington, Neb., died on Tuesday, May21, 2013, at the Golden Living Cen-ter in Hartington.

Funeral services will be on Fri-day, May 24, at 2 p.m. at the FirstCongregational United Church ofChrist, Hartington, with the Rev.Gary Kimm officiating. Burial willbe in the Hartington City Ceme-tery.

Visitation will be on Thursday,with the family present from 5-8p.m., at the Wintz Funeral Home,Hartington. Visitation will beginone hour prior to services on Fri-day at the church.

To view the video tribute or tosend online condolences, visitwww.wintzrayfuneralhome.com

Wednesday, 5.22.13ON THE WEB: www.yankton.net

NEWS DEPARTMENT: news@yankton.net 3PRESS DAKOTANthe midwestWind Energy Tax Measure Headed To Final Vote

LINCOLN, Neb. (AP) — A bill designed to attract large wind-en-ergy farms to Nebraska is headed to a final vote in the Legislature.

Lawmakers gave second-round approval Tuesday to the bill,which would extend sales tax exemptions to wind-energy compa-nies. One firm, TradeWind Energy, has expressed interest in devel-oping a wind farm in Dixon County, on the Iowa and South Dakotaborder.

Nebraska ranks as one of the nation’s biggest wind-producingstates, but 26th in the energy it could produce with equipment cur-rently installed.

Sen. Steve Lathrop of Omaha says the bill is designed to keepNebraska competitive with other high-wind states in the Plains.Some lawmakers questioned whether Nebraskan residents wouldreceive enough of the direct benefits.

Neb. Gov. Vetoes $200K In Golf Tournery FundsLINCOLN, Neb. (AP) — Nebraska Gov. Dave Heineman has used

a line-item veto to strike $200,000 from the statebudget that was approved for an Omaha golftournament.

The governor said Tuesday that funding for theU.S. Senior Open golf tournament is unjustified,given the state’s other spending priorities on edu-cation and changes to juvenile services. Heinemanalso argued that the event is heavily supported bythe private sector and experiencing record ticketsales.

Heineman signed the remainder of the budgetbill, which authorized funding for deficit appropria-tions. The bill was one of seven budget measures that lawmakershave passed this year.

High Prices Send CRP Enrollment In Neb. DownLINCOLN, Neb. (AP) — Soaring prices for corn and soybeans

have Nebraska farmers taking more erosion-prone land out of a fed-eral conservation program and back into crop production.

The Lincoln Journal Star reports that landowners in southeast-ern Nebraska, which has been a stronghold for the federal Conser-vation Reserve Program, are moving away from the 10-year federalcontracts and toward row-crop production. That includes landown-ers in Johnson, Gage, Otoe and Lancaster counties.

Pawnee County, which once had about 60 square miles enrolled,saw enrollment drop to less than half that last year.

Officials say that while more crop production is good news forlivestock feeders, ethanol plants and other potential profit-makers,it’s not so good for prairie chickens, pheasants and other wildlifethat depend on CRP habitat.

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vings W INTZ & R AY FUNERAL HOME and Cremation Service, Inc. 605-665-3644

W INTZ FUNERAL HOME INC.

Hartington, Coleridge, Crofton 402-254-6547 www.wintzrayfuneralhome.com

IN REMEMBRANCE Cleo Mae Johnson 11:00 AM, Thursday

United Church of Christ Congregational

Crofton

Joyce K. Dallman 2:00 PM, Friday

First Congregational United Church of Christ

Hartington

Donald W. Rossiter 12:00 PM, Saturday

VFW Club, Hartington

Cleo JohnsonCleo Mae Johnson, age 90 of

Crofton, Nebraska died on Sun-day, May 19, 2013 at the AveraSacred Heart Hospital in Yank-ton, SD.

Funeral Services will be onThursday, May 23, 2013 at 11:00a.m. at the United Church ofChrist Congregational in Croftonwith Pastor Les Parmenter offici-ating. Burial will be at theCrofton City Cemetery inCrofton, NE with military grave-side rites by the Crofton Ameri-can Legion Post 128.

Visitation with the familypresent will be on Wednesdayfrom 6-8:00 p.m. at the Wintz Fu-neral Home in Crofton. Visitationwill continue on Thursday, atchurch, one hour prior to serv-ices.

Pallbearers will be Mike John-son, Christopher Johnson, MarkEgger, Evan Egger, Gaylon John-son, and Matt Egger.

Honorary pallbearers will beCleo’s great grandchildren.

Cleo was born in Crofton onMay 2, 1923, the oldest child ofJohn and Edith (Murray)Merchen. She attended CroftonPublic Schools and graduated in1941, enjoying music, playingtrumpet in the band and singingin chorus. After graduation, sheworked in the Crofton post of-fice for two years. In 1943, sheattended the Commercial Exten-sion School in Omaha followedby employment with Mutual ofOmaha for a short time. In 1944,she joined the WAVES, (WomenAccepted for Volunteer Emer-gency Service), serving 19months in the U.S. Navy, sta-tioned at the Naval Air Station inAlameda, CA, working in thecommunications department.

After being discharged in1946, Cleo went to cosmetologyschool in Jacksonville, IL and re-

turned to Croftonin 1949. She op-erated a beautyshop in Croftonuntil marryingRalph Johnsonon January 28,1954 in LuVerne,Minnesota. Shebecame a farmwife and motherof two children,

Gaylon and Karla.Cleo was a member of the

United Church of Christ Congre-gational in Crofton, a lifetimemember of the Crofton Ameri-can Legion Post #128 and theCrofton Legion Auxiliary. Cleoalso liked to crochet and spendtime with grandchildren.

She is survived by her sonGaylon and wife Sharon Johnsonof Yankton, SD; daughter Karlaand husband Matt Egger ofMartell, NE; five grandchildren;11 great grandchildren; onebrother Galen Keith “Skeeter”Merchen of Bloomfield, NE.

Cleo was preceded in deathby her parents, infant son NolanReed Johnson; husband Ralphon November 16, 1994 at the ageof 79 years; and sister AudreyWaggoner.

Memorials have been desig-nated to the Crofton CommunityFoundation Fund, an affiliatedfund of the Nebraska Commu-nity Foundation, for communitybetterment in the Crofton area.

Yankton Press & Dakotan

May 22, 2013

Johnson

BY CHET BROKAWAssociated Press

PIERRE — Former state Rep.Shawn Tornow of Sioux Falls askedthe South Dakota Supreme Court onTuesday to give him only a privatereprimand for his actions in twocases when he was an assistant cityattorney for Sioux Falls.

The State Bar’s DisciplinaryBoard has recommended Tornow,who was a state representative in2005-2006 and 2011-2012, be pub-licly censured for violating rulesgoverning lawyers’ conduct. A pub-lic reprimand would involve publi-cation of that reprimand in the StateBar’s monthly newsletter.

The Disciplinary Board foundthat while Tornow was an assistantcity attorney, he acted unfairly bynot giving some information to a for-mer city commissioner involved in a

case before the city’s Ethics Board.The board also found Tornow hadan improper conversation with an-other lawyer representing Tornow’sdaughter on a traffic violation.

Court records show Tornow hada telephone conversation on May18, 2010, with former city councilmember Kermit Staggers about theEthics Board’s handling of a case in-volving Staggers. Staggers latercalled requesting a copy of a record-ing of the conversation, incorrectlyreferring to it as the “May 17 con-versation.” Tornow told him therewas no such recording, but did notinform Staggers that was becausethe conversation actually occurredMay 18.

Robert Frieberg, a lawyer for theDisciplinary Board, called Tornow’sresponse unfair to Staggers.

“A lawyer has to be fair and tellthe truth. That’s what the rule

says,” Frieberg told the SupremeCourt.

Tornow said he was “hypersensi-tive” to the confidentiality surround-ing Ethics Board proceedings andhe believed the phone conversationwas a confidential work product. Hesaid he now realizes he should haveasked Staggers if he was referring tothe May 18 conversation.

The court also considered an im-proper conversation which Tornowis accused of having when hisdaughter fought 2009 city citationsfor speeding and failing to wear aseat belt. The city attorney’s officecould not prosecute the citationsbecause Tornow worked there, butthey could be prosecuted understate law. Court records indicatethat when his daughter’s lawyercalled, Tornow told the lawyer therewas no agreement allowing thecounty to prosecute such a case.

The case initially was dismissed butlater prosecuted under state law.

Frieberg said Tornow should nothave interfered in the case againsthis daughter.

Tornow acknowledged it wouldhave been better for him never tohave talked with the lawyer repre-senting his daughter.

“I guess what I learned throughthis is that it’s really probablytoughest knowing your lifelong obli-gation is to be a parent first,”Tornow told the Supreme Court.

Frieberg said the DisciplinaryBoard felt Tornow had a heightenedresponsibility as a public official.

“I think most important perhapsin all of this is a concern about pub-lic trust. We expect a public officialto be honest, forthright and treat usfairly,” Frieberg said.

The Supreme Court will issue adecision later.

BY KRISTI EATONAssociated Press

SIOUX FALLS — The head of SouthDakota’s Department of Social Services askeda judge to toss out a lawsuit filed by twotribes alleging that the state routinely breaksfederal law governing foster care and adop-tions for American Indian children.

Lawyers for DSS Secretary Kim Malsam-Rysdon wrote in a motion to dismiss filedMonday that there is no evidence Malsam-Rysdon made deliberate choices that vio-lated tribal members’ rights.

“The complaint is devoid of any specificfacts that (DSS) took any action pursuant toan alleged unconstitutional policy or cus-tom,” a memorandum supporting the motionto dismiss said.

The Oglala Sioux and Rosebud Sioux

tribes, along with three Native American par-ents, sued Malsam-Rysdon, as well as DSSemployee LuAnn Van Hunnik, PenningtonCounty State’s Attorney Mark Vargo and 7thJudicial Circuit Court Presiding Judge JeffDavis. Van Hunnik, Vargo and Davis have alsofiled motions to dismiss.

The lawsuit alleges the state is violatingthe Indian Child Welfare Act by holding im-proper hearings after children are removedfrom homes. It says the hearings are some-times as short as 60 seconds and do not giveparents the opportunity to introduce evi-dence showing their ability to care for thechild or to question the state.

The suit is part of an ongoing disputeabout Native American children in foster carein South Dakota.

Federal law requires that Native Americanchildren removed from homes be placed with

relatives or with other Native American fami-lies, except in unusual circumstances. Tribalofficials contend South Dakota removes toomany American Indian children from theirhomes and then puts them in foster care withnon-Indian families.

The defendants said the tribes have failedto state a claim and lack standing to bring thesuit. They asked that the federal lawsuit betossed.

Steven Pevar, an American Civil LibertiesUnion attorney representing the tribes, saidhe expected the defendants to file a motionto dismiss and the tribes will be respondingwithin the time required.

Congress passed the Indian Child WelfareAct in 1978 because of the once high numberof Indian children being removed from theirhomes by public and private agencies.

Kuhler

S.D. Social Services Wants Tribes’ Lawsuit Tossed

S.D. Court Considers Discipline For Former LawmakerHeineman