Identification of cremains using X-ray diffraction spectroscopy
RESS S.D. Social Services Wants Tribes’ Lawsuit …tearsheets.yankton.net › may13 › 052213 ›...
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Dennis Knudsen ROBEBUCK, S.C. — Dennis Lee Knudsen entered into rest May 3, 2013, at the Charlie Norwood VA Medical Center, Augusta, Ga. Mr. Knudsen’s cremains will be buried at a later date in Turkey Val- ley Cemetery. McNeill Funeral Home 109 Shaw St. Martinez, Ga., is overseeing arrangements. Warren Kuhler Warren 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 the United Methodist Church in Wakonda. Burial will be in the Union Cemetery at Wakonda with mili- tary honors by the American Legion Gingrich-Dixon Post #13. Visitation will be from 4-8 p.m. Friday, May 24 at the Hansen Fu- neral Home in Irene with a prayer service at 7 p.m. Memorials may be directed to the Wakonda Commu- nity Health Foundation. Visit www.hansenfuneralhome.com. Warren George Kuhler was born May 25, 1922, to George and Ellen (Buehler) Kuhler in Wakonda. He graduated from Wakonda High School where he was active in music and sports. In 1939, he was a member of the first basketball team from Wakonda to play in the South Dakota state basketball tour- nament. While a student at Morn- ingside College in Sioux City, Iowa, Warren enlisted in the U.S. Army and was called to active service in 1943. He took his Air Force cadet training at Moorhead, Minnesota. While in the Fargo-Moorhead area, he met his future wife, Lillian Mae Hennings. They were married Feb- ruary 14, 1945, at the American Lutheran Church in Fargo. Warren graduated as a Second Lieutenant from navigation school at San Mar- cos, Texas, and from flight engi- neering school at Amarillo, Texas. He had a dual rating as a navigator and flight engineer on B-29 aircraft. After being honorably discharged from the U.S. Army Air Corps in 1946, he finished his education at Morningside College. Warren returned to Wakonda to farm with his father before moving to Colton, California in 1956 to go into partnership with his brother- in-law in the Blue Mountain Dairy. After two years, he returned to Wakonda to the family farm. He was always very proud that his family had farmed the same land since 1878 and that the farm re- mains in the family still today. In 1962, Warren left full-time farming to become the director of the South Dakota United Methodist Foundation for the next seven years. He became the administra- tor of the Pioneer Hospital and Nursing Home in Viborg in 1969, a position which he held for 21 years. He held several offices on the state and national level with health care associations and was elected a Fellow in the American College of Nursing Home Adminis- trators in 1976. Dakota Wesleyan University awarded him an hon- orary doctorate degree in 1979. Warren was a member of the Wakonda United Methodist Church and a life member of the American Legion. For many years he was ac- tive in the Wakonda Community Club, the Wakonda Development Association, the Wakonda Alumni Association, the Clay County His- torical Association, the Wakonda Community Health Foundation and was editor of the Wakonda Centen- nial History book. He was instru- mental in the building of the Wakonda Heritage Manor Nursing Home, assisted living apartments and free-standing apartments, and the Wakonda Café. Warren enjoyed singing and his voice was heard in community groups for many years, including the church choir. He sang baritone in a male quartet for sev- eral years which included Orville Brugger, lead, Cockey Hatch, bass, and Adolph Forsberg, tenor. Warren’s love and devotion to God was a priority in his life. He projected his Christian spirit in all aspects of his life. Within the United Methodist Church he per- sonified lay leadership on the local, state and national levels. In 2009, he was honored as Lay Leader Emeritus. Warren and Lillian en- joyed traveling and visiting other countries and cultures. They vis- ited six continents and all fifty states during their retirement. War- ren enjoyed spending time with his family, of which he was very proud. He was preceded in death by his parents; his wife, Lillian on April 19, 2013; and his brother-in- law, Herbert Rowley. Survivors include his children, George (Deborah) Kuhler of Huron, Margaret (Stevan) Peterson of Wakonda, and Karen (Jeff) Tram- mell of Sioux Falls; six grandchil- dren, John (Kelli) Peterson of Wakonda, Karen (Chad) Hutchin- son of Sioux Falls, Carrie Peterson (Nathan Clark) of Aalborg, Den- mark, Ellen (Kersten) Kappmeyer of Sioux Falls, Alyssa (Trent) Schafer of Watertown, and Eric Chesley of Sioux Falls; three great- grandchildren, Julia Hutchinson and Braxton and Mason Chesley; his sister, Mary Ellen Rowley of Sun City, California; and many nieces and nephews. Yankton Press & Dakotan May 22, 2013 Joyce Dallman Joyce K. Dallman, 82, of Hart- ington, Neb., died on Tuesday, May 21, 2013, at the Golden Living Cen- ter in Hartington. Funeral services will be on Fri- day, May 24, at 2 p.m. at the First Congregational United Church of Christ, Hartington, with the Rev. Gary Kimm officiating. Burial will be in the Hartington City Ceme- tery. Visitation will be on Thursday, with the family present from 5-8 p.m., at the Wintz Funeral Home, Hartington. Visitation will begin one hour prior to services on Fri- day at the church. To view the video tribute or to send online condolences, visit www.wintzrayfuneralhome.com Wednesday, 5.22.13 ON THE WEB: www.yankton.net NEWS DEPARTMENT: [email protected] 3 PRESS DAKOTAN the midwest Wind 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 Dakota border. Nebraska ranks as one of the nation’s biggest wind-producing states, but 26th in the energy it could produce with equipment cur- rently installed. Sen. Steve Lathrop of Omaha says the bill is designed to keep Nebraska competitive with other high-wind states in the Plains. Some lawmakers questioned whether Nebraskan residents would receive enough of the direct benefits. Neb. Gov. Vetoes $200K In Golf Tournery Funds LINCOLN, Neb. (AP) — Nebraska Gov. Dave Heineman has used a line-item veto to strike $200,000 from the state budget that was approved for an Omaha golf tournament. The governor said Tuesday that funding for the U.S. Senior Open golf tournament is unjustified, given the state’s other spending priorities on edu- cation and changes to juvenile services. Heineman also argued that the event is heavily supported by the private sector and experiencing record ticket sales. Heineman signed the remainder of the budget bill, which authorized funding for deficit appropria- tions. The bill was one of seven budget measures that lawmakers have passed this year. High Prices Send CRP Enrollment In Neb. Down LINCOLN, 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 federal contracts 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 for livestock feeders, ethanol plants and other potential profit-makers, it’s not so good for prairie chickens, pheasants and other wildlife that depend on CRP habitat. OBITUARIES CERTIFIED FIRM IICRC WATER • SMOKE • FIRE FREE ESTIMATES (ask for details) Satisfaction Guaranteed • Carpets • Upholstery • Duct Cleaning • Water Restoration • Fire Restoration • Mold Testing & Remediation • Tile & Grout Cleaning “THE AREA’S LARGEST CLEANING & RESTORATION COMPANY” Toll Free 1-800-529-2450 www.steamwaycleaning.com 163253-050410 Yankton 665-5700 Huron 352-5252 Chamberlain 734-0733 Sioux Falls 334-1991 Mitchell 996-6921 Vermillion 624-4666 “Excellent job! 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M P 6 to M A M 6 P to M A M P PM 7 to M A : 7 illiams W win- he Sher T anada. © 2013 alid in C . Not v es only or win- t Sher alid a V Va . or details om f .c williams win- e or sher or ee st inishes ood F W ax® w in , M imers pose pr ur ulti-P cludes M . Ex chases vings er sa t ea r esult in g t r ers tha icing or other off ale pr . S e illiams win- inishes 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 Johnson Cleo Mae Johnson, age 90 of Crofton, Nebraska died on Sun- day, May 19, 2013 at the Avera Sacred Heart Hospital in Yank- ton, SD. Funeral Services will be on Thursday, May 23, 2013 at 11:00 a.m. at the United Church of Christ Congregational in Crofton with Pastor Les Parmenter offici- ating. Burial will be at the Crofton City Cemetery in Crofton, NE with military grave- side rites by the Crofton Ameri- can Legion Post 128. Visitation with the family present will be on Wednesday from 6-8:00 p.m. at the Wintz Fu- neral Home in Crofton. Visitation will continue on Thursday, at church, one hour prior to serv- ices. Pallbearers will be Mike John- son, Christopher Johnson, Mark Egger, Evan Egger, Gaylon John- son, and Matt Egger. Honorary pallbearers will be Cleo’s great grandchildren. Cleo was born in Crofton on May 2, 1923, the oldest child of John and Edith (Murray) Merchen. She attended Crofton Public Schools and graduated in 1941, enjoying music, playing trumpet in the band and singing in chorus. After graduation, she worked in the Crofton post of- fice for two years. In 1943, she attended the Commercial Exten- sion School in Omaha followed by employment with Mutual of Omaha for a short time. In 1944, she joined the WAVES, (Women Accepted for Volunteer Emer- gency Service), serving 19 months in the U.S. Navy, sta- tioned at the Naval Air Station in Alameda, CA, working in the communications department. After being discharged in 1946, Cleo went to cosmetology school in Jacksonville, IL and re- turned to Crofton in 1949. She op- erated a beauty shop in Crofton until marrying Ralph Johnson on January 28, 1954 in LuVerne, Minnesota. She became a farm wife and mother of two children, Gaylon and Karla. Cleo was a member of the United Church of Christ Congre- gational in Crofton, a lifetime member of the Crofton Ameri- can Legion Post #128 and the Crofton Legion Auxiliary. Cleo also liked to crochet and spend time with grandchildren. She is survived by her son Gaylon and wife Sharon Johnson of Yankton, SD; daughter Karla and husband Matt Egger of Martell, NE; five grandchildren; 11 great grandchildren; one brother Galen Keith “Skeeter” Merchen of Bloomfield, NE. Cleo was preceded in death by her parents, infant son Nolan Reed Johnson; husband Ralph on November 16, 1994 at the age of 79 years; and sister Audrey Waggoner. Memorials have been desig- nated to the Crofton Community Foundation Fund, an affiliated fund of the Nebraska Commu- nity Foundation, for community betterment in the Crofton area. Yankton Press & Dakotan May 22, 2013 Johnson BY CHET BROKAW Associated Press PIERRE — Former state Rep. Shawn Tornow of Sioux Falls asked the South Dakota Supreme Court on Tuesday to give him only a private reprimand for his actions in two cases when he was an assistant city attorney for Sioux Falls. The State Bar’s Disciplinary Board has recommended Tornow, who was a state representative in 2005-2006 and 2011-2012, be pub- licly censured for violating rules governing lawyers’ conduct. A pub- lic reprimand would involve publi- cation of that reprimand in the State Bar’s monthly newsletter. The Disciplinary Board found that while Tornow was an assistant city attorney, he acted unfairly by not giving some information to a for- mer city commissioner involved in a case before the city’s Ethics Board. The board also found Tornow had an improper conversation with an- other lawyer representing Tornow’s daughter on a traffic violation. Court records show Tornow had a telephone conversation on May 18, 2010, with former city council member Kermit Staggers about the Ethics Board’s handling of a case in- volving Staggers. Staggers later called requesting a copy of a record- ing of the conversation, incorrectly referring to it as the “May 17 con- versation.” Tornow told him there was no such recording, but did not inform Staggers that was because the conversation actually occurred May 18. Robert Frieberg, a lawyer for the Disciplinary Board, called Tornow’s response unfair to Staggers. “A lawyer has to be fair and tell the truth. That’s what the rule says,” Frieberg told the Supreme Court. Tornow said he was “hypersensi- tive” to the confidentiality surround- ing Ethics Board proceedings and he believed the phone conversation was a confidential work product. He said he now realizes he should have asked Staggers if he was referring to the May 18 conversation. The court also considered an im- proper conversation which Tornow is accused of having when his daughter fought 2009 city citations for speeding and failing to wear a seat belt. The city attorney’s office could not prosecute the citations because Tornow worked there, but they could be prosecuted under state law. Court records indicate that when his daughter’s lawyer called, Tornow told the lawyer there was no agreement allowing the county to prosecute such a case. The case initially was dismissed but later prosecuted under state law. Frieberg said Tornow should not have interfered in the case against his daughter. Tornow acknowledged it would have been better for him never to have talked with the lawyer repre- senting his daughter. “I guess what I learned through this is that it’s really probably toughest knowing your lifelong obli- gation is to be a parent first,” Tornow told the Supreme Court. Frieberg said the Disciplinary Board felt Tornow had a heightened responsibility as a public official. “I think most important perhaps in all of this is a concern about pub- lic trust. We expect a public official to be honest, forthright and treat us fairly,” Frieberg said. The Supreme Court will issue a decision later. BY KRISTI EATON Associated Press SIOUX FALLS — The head of South Dakota’s Department of Social Services asked a judge to toss out a lawsuit filed by two tribes alleging that the state routinely breaks federal law governing foster care and adop- tions for American Indian children. Lawyers for DSS Secretary Kim Malsam- Rysdon wrote in a motion to dismiss filed Monday that there is no evidence Malsam- Rysdon made deliberate choices that vio- lated tribal members’ rights. “The complaint is devoid of any specific facts that (DSS) took any action pursuant to an alleged unconstitutional policy or cus- tom,” a memorandum supporting the motion to dismiss said. The Oglala Sioux and Rosebud Sioux tribes, along with three Native American par- ents, sued Malsam-Rysdon, as well as DSS employee LuAnn Van Hunnik, Pennington County State’s Attorney Mark Vargo and 7th Judicial Circuit Court Presiding Judge Jeff Davis. Van Hunnik, Vargo and Davis have also filed motions to dismiss. The lawsuit alleges the state is violating the Indian Child Welfare Act by holding im- proper hearings after children are removed from homes. It says the hearings are some- times as short as 60 seconds and do not give parents the opportunity to introduce evi- dence showing their ability to care for the child or to question the state. The suit is part of an ongoing dispute about Native American children in foster care in South Dakota. Federal law requires that Native American children removed from homes be placed with relatives or with other Native American fami- lies, except in unusual circumstances. Tribal officials contend South Dakota removes too many American Indian children from their homes and then puts them in foster care with non-Indian families. The defendants said the tribes have failed to state a claim and lack standing to bring the suit. They asked that the federal lawsuit be tossed. Steven Pevar, an American Civil Liberties Union attorney representing the tribes, said he expected the defendants to file a motion to dismiss and the tribes will be responding within the time required. Congress passed the Indian Child Welfare Act in 1978 because of the once high number of Indian children being removed from their homes by public and private agencies. Kuhler S.D. Social Services Wants Tribes’ Lawsuit Tossed S.D. Court Considers Discipline For Former Lawmaker Heineman
Transcript of RESS S.D. Social Services Wants Tribes’ Lawsuit …tearsheets.yankton.net › may13 › 052213 ›...
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: [email protected] 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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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
