Joshua Haiar, South Dakota Searchlight
More information emerged Thursday about the confusion that wrecked plans for a trial next week on South Dakota’s abortion-rights ballot measure, but no new trial date has been scheduled, while a motions hearing has been scheduled for nearly a month after the election.
A judge signed an order last month saying the trial would take place the week of Sept. 23 in Sioux Falls. On Tuesday of this week, the judge emailed the parties saying the matter still needed to be added to the court calendar. The email surprised lawyers on both sides who had been planning for the Sept. 23 trial.
Karl Thoennes, court administrator for the Second Judicial Circuit, said Thursday that the confusion stemmed from a series of judge reassignments following the scheduling order that was issued on Aug. 9.
The case was originally assigned to Judge John Pekas. After the scheduling order, he became aware of a surgery his wife needed, and he determined he would not be available the week of Sept. 23. Presiding Judge Robin Houwman reassigned the case to Judge Douglas Hoffman, but the plaintiff, Life Defense Fund, exercised its right to request a different judge. The matter was then reassigned back to Pekas.
Thoennes said court staff contacted the parties at that point and advised them that further proceedings should be scheduled on Pekas’ calendar. But the attorneys proceeded with the assumption that the trial was still scheduled for Sept. 23, while court staff proceeded with an opposite assumption.
Meanwhile, Life Defense Fund filed a motion asking the judge to decide the case in its favor without a trial. A hearing on that motion has now been scheduled for Dec. 2, after the Nov. 5 general election.
The lawsuit from Life Defense Fund challenges the legality of petitions circulated by Dakotans for Health to place the abortion-rights measure on the ballot. The measure is on the ballot no matter what happens in the lawsuit, because the deadline to remove the measure has passed. Life Defense Fund still hopes for a decision invalidating the measure.
Current South Dakota law bans abortions except when necessary to “preserve the life of the pregnant female.”
The ballot measure, Amendment G, would prohibit regulation of abortion during the first trimester. In the second trimester, regulations would be allowed if they are reasonably related to the pregnant woman’s physical health. During the third trimester, abortion could be regulated or prohibited, except when necessary to preserve the life or health of the woman, as determined by her physician’s medical judgment.