Ravnsborg Suspended

The South Dakota Supreme Court suspended former state Attorney General Jason Ravnsborg for six months

This is a disciplinary proceeding involving former South Dakota Attorney General Jason Ravnsborg, a member of the State Bar of South Dakota. After conducting an initial investigation, the Disciplinary Board of the State Bar of South Dakota (the Board) found that Ravnsborg’s conduct following an accident in which he struck and killed a pedestrian with his vehicle, violated various sections of Rule 8.4 of the South Dakota Rules of Professional Conduct. The Board filed findings of fact, conclusions of law and a formal charging document with this Court recommending a 26-month suspension, retroactive to the date that Ravnsborg was impeached and removed as attorney general. After Ravnsborg denied the Board’s findings, conclusions, and recommendation, this Court appointed a referee (the Referee) to conduct an evidentiary hearing. The Referee entered a written decision finding that Ravnsborg violated Rule 8.4(e) of the Rules of Professional Conduct and recommended a public censure. We find that Ravnsborg violated Rule 8.4(c), (d), and (e) of the Rules of Professional Conduct and suspend Ravnsborg’s license to practice law in South Dakota for a period of six months.

Criminal case after Respondent had left the scene after his fatal collision with a person walking on the side of a road

Following the investigation, Ravnsborg was charged with three Class 2 misdemeanors in February 2021. Six months later, Ravnsborg entered a no contest plea to two misdemeanor charges: operating a motor vehicle while using a mobile electronic device in violation of SDCL 32-26-47.1 and improper lane driving in violation of SDCL 32-26-6. The State dismissed the third charge of careless driving in violation of SDCL 32-24-8. Ravnsborg also entered into a confidential civil settlement agreement with Boever’s estate. Throughout the entire criminal investigation and after entering a no-contest plea, Ravnsborg continued to serve as attorney general.

Concerns about his integrity

From our review of the record, several of Ravnsborg’s statements after the accident raise significant questions about his honesty and truthfulness. Ravnsborg’s statement to the 911 operator that he hit something “right in the roadway” and his statements to investigators that he believed he was in the roadway are contrary to the forensic evidence. While there was some question regarding how far onto the shoulder Ravnsborg’s vehicle was, the forensic evidence clearly established Ravnsborg’s vehicle was not in the middle of his driving lane when it struck Boever.

In addition, Ravnsborg’s statements regarding his phone usage on the night of the accident raise serious concerns about his truthfulness with investigators. At the outset of his second interview with NDBCI, Ravnsborg emphatically denied using his phone while driving back from Redfield, except for two calls he made to his father shortly after leaving Redfield. Ravnsborg denied accessing his emails at any point during his commute home and stated that he did not text anyone or otherwise recall using his phone at any time during the drive.

When confronted with evidence

Ravnsborg was then confronted with specific metadata found on his phone shortly before he had made the 911 call at 10:24 p.m. The metadata showed Ravnsborg had unlocked his phone, checked his Yahoo email account, accessed the Dakota Free Press website, and clicked on a political news article minutes before the accident. Once informed of this information, Ravnsborg’s story took another turn. He admitted that he “looked at stuff” on his phone and then sat it down to begin thinking about cases from work but reiterated that he was not looking at his phone when the accident happened.

...Ravnsborg’s patent dishonesty concerning the use of his phone, as well as the developed forensic evidence, raise genuine questions about the integrity of his statements regarding the night of the accident. This conduct, particularly considering Ravnsborg’s prominent position as attorney general, reflected adversely on the legal profession as a whole and impeded the administration of justice.

Sanction

The accident on September 12, 2020, resulted in the death of Joseph Boever and Ravnsborg’s conduct following the accident is the subject of  this disciplinary proceeding. During this time, Ravnsborg dishonestly communicated with investigators in an effort to diminish or avoid criminal culpability. Ravnsborg’s actions while being the subject of a homicide investigation and continuing as attorney general, were also prejudicial to the administration of justice. Further, Ravnsborg displayed an ongoing pattern of misusing his position as the attorney general to receive beneficial treatment. Ravnsborg’s misuse of his position as attorney general and dishonesty toward law enforcement during a criminal investigation are contrary to the expectations of him as an attorney and particularly the heightened obligations upon him as attorney general. See Dann, 979 N.E.2d at 1268–69 (When a public official, such as the attorney general, commits ethical violations it “cause[s] incalculable harm to the public perception of the attorney general’s office and those government agencies, departments, and institutions that the attorney general advises and represents.”). In the course of this disciplinary proceeding, Ravnsborg has not acknowledged or accepted responsibility for this conduct but has continued to justify his actions.

After reviewing the facts and weighing the relevant mitigating and aggravating factors, the Court hereby suspends Ravnsborg’s license to practice law in South Dakota for a period of six months. While Ravnsborg is unlikely to continue practicing law in South Dakota, we conclude suspension is necessary to preserve the integrity of the profession and deter like conduct by other attorneys. The six-month suspension shall commence on the date of entry of the order of suspension.

(Mike Frisch)