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Attorney Newsletter May, 2022




Corporate Disclosure Statements. The Judicial Conference recently approved automating the release of judges’ financial disclosure reports and amended its conflict screening policy to increase transparency and public access. For the process to work, however, attorneys must file timely disclosures under Rule 7.1 of the Federal Rules of Civil Procedure.

Rule 7.1 requires a nongovernmental corporate party to file a disclosure statement that identifies any parent corporation and any publicly held corporation owning 10% or more of its stock or states that there is no such corporation. A party must file the disclosure “with its first appearance, pleading, petition, motion, response, or other request addressed to the court . . . .” If any required information changes, a party must “promptly” file a supplemental statement.


A. Criminal Cases

When interpreters are required for criminal court proceedings, a certified or otherwise qualified interpreter must be hired. There are no certified interpreters residing in the state of South Dakota, so it takes additional time to find and hire a qualified interpreter.

  1. Witnesses only 

When an interpreter is needed for a witness only, counsel for the party calling the witness is responsible for notifying the clerk. If the witness is a government witness, under Criminal Local Rule 28.1, the U.S Attorney’s Office contracts and pays the interpreter. If the witness will be called by CJA counsel, the clerk will contract and pay the interpreter. If the witness will be called by retained counsel, the judge may appoint an interpreter. If so, the clerk will contract and pay the interpreter. Counsel should notify the clerk at least two weeks in advance of the hearing or trial so the clerk can locate a certified or otherwise qualified interpreter. Failure to provide notice could result in the need to continue the proceedings.

       2. Defendants

When a defendant requires the services of an interpreter, it is flagged in the CM/ECF system. The clerk receives an automatic notification that an interpreter is needed for a hearing or trial involving a defendant.

B. Civil Cases

The clerk does not contract with or pay interpreters in civil matters unless the case was instituted by the United States. In all other civil cases, it is the responsibility of the parties to provide an interpreter when needed.

Juneteenth Observed.     The Court will be closed on Monday, June 20th in observance of Juneteenth National Independence Day.

Saturday, May 14, 2022