Government

Ethics panel moves to subpoena DCI records on Noem’s state airplane use

Complaint resulted in no criminal charges, remains open with Government Accountability Board

By: John Hult - November 14, 2022 4:01 pm

Gov. Kristi Noem greeting her mother, Corrine Arnold, before giving a victory speech upon her re-election. (John Hult/South Dakota Searchlight)

A trio of retired judges voted on Monday to subpoena a Division of Criminal Investigation (DCI) report on Gov. Kristi Noem’s use of state aircraft.

The Government Accountability Board (GAB) voted 3-0* in favor of the subpoena after meeting in a closed executive session to discuss complaint 2021-04, the numerical tag attached to the complaint on state airplane use. The complaint, like all initial complaints to the GAB, is not a matter of public record.

The investigative record is necessary to determine if an ethical violation has taken place. If the board makes that determination, the governor would have an

Retired Circuit Court Judge Gene Paul Kean, retired South Dakota Supreme Court Justices Lori Wilbur and David Gilbertson and retired Circuit Court Judge David Gienapp met Monday in Sioux Falls, SD as the Government Accountability Board. (John Hult/South Dakota Searchlight)

opportunity to respond during a contested case hearing.

Former Chief Justice of the South Dakota Supreme Court Justice David Gilbertson had recused himself from the complaint earlier this year, leaving retired Justice Lori Wilbur and retired circuit court judges David Gienapp and Gene Paul Kean to vote on the subpoena Monday.

The report exists because of a vote the board took in August, which forwarded the question of state airplane use to the DCI.

Attorney General Mark Vargo, appointed to the post by Gov. Noem after Jason Ravnsborg’s removal from office, recused himself from the case. That left any potential charging decisions in the hands of Hughes County State’s Attorney Jessica LaMie.

LaMie and the DCI recently concluded that no criminal charges would flow from the accusation that Noem had used state aircraft for reasons aside from official state business. LaMie also concluded that a complaint on allegedly doctored flight logs was “frivolous.”

The board has yet to determine if any non-criminal action is warranted. After the 15 minute closed-door hearing, Gienapp said that the board had “requested but not received” the report from LaMie and the DCI.
“In order to fulfill our obligations … I would move we authorize a subpoena for the investigative report prepared by the DCI and state’s attorney,” Gienapp said.

Another complaint against Noem, focused on whether the governor abused her authority to help daughter Kassidy Peters obtain an appraiser’s license, has been “partially dismissed and partially closed.” That leaves open the possibility of a contested case hearing on that complaint.

Ian Fury, a spokesperson for Gov. Noem, did not immediately respond to a request for comment, nor did Vargo spokesperson Stewart Huntington.

*an earlier version of this story misstated the vote tally

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John Hult

John is the senior reporter for South Dakota Searchlight. He has more than 15 years experience covering criminal justice, the environment and public affairs in South Dakota, including more than a decade at the Sioux Falls Argus Leader.