BOARD OF REGENTS v. CARTER

Nos. 11310, 11312, 11313 and 11323.

228 N.W.2d 621 (1975)

BOARD OF REGENTS of South Dakota, Petitioner and Applicant, v. Henry E. CARTER, Commissioner of Labor and Management Relations, et al., Respondents and Appellants, and William J. Janklow (as successor to Kermit A. Sande), Attorney General of the State of South Dakota, Intervenor and Appellant.

Supreme Court of South Dakota.

April 25, 1975.


Attorney(s) appearing for the Case

W. A. McCullen and Allen G. Nelson, Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for petitioner and applicant.

Dennis W. Finch, Pierre, for respondent and appellant Henry E. Carter.

Harry H. Smith, Sioux City, Iowa, for respondent and appellant Local 2446.

Thomas M. Maher, Pierre, for respondent and appellant SDHEFA.

Kermit A. Sande, Atty. Gen., John Dewell, Asst. Atty. Gen., Pierre, for intervenor and appellant.


DOYLE, Justice.

This case involves two issues. The first is whether the South Dakota Board of Regents (Regents) may hire the services of independent counsel in bringing this action. The South Dakota Attorney General (Attorney General), as intervenor in this case, maintains that the Regents may not do so. The second is whether SDCL 3-18 is an unconstitutional infringement upon the Regents' control of the state's educational institutions. We hold that the Regents may...

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