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DOE v. NELSON

No. 22866.

680 N.W.2d 302 (2004)

2004 SD 62

John DOE, Jane Doe, John Doe # 2, and Others Similarly Situated, Applicants and Appellees, v. Chris NELSON, in his official capacity as the South Dakota Secretary of State, and the South Dakota Board of Pardons and Paroles, Respondents and Appellants.

Supreme Court of South Dakota.

Decided May 5, 2004.

Attorney(s) appearing for the Case

Thomas K. Wilka of Hagen, Wilka & Archer, P.C., Sioux Falls, South Dakota, Attorneys for applicants and appellees.

Lawrence E. Long, Attorney General, Jeffrey P. Hallem, Assistant Attorney General, Pierre, South Dakota, Attorney for respondents and appellants.

Jon E. Arneson, Sioux Falls, South Dakota, for Amici Curiae.

GILBERTSON, Chief Justice.

[¶ 1.] Doe and other applicants (hereinafter Applicants) sought a writ of prohibition against Chris Nelson, the South Dakota Secretary of State (Secretary of State) and the South Dakota Board of Pardons and Paroles (Board), prohibiting the Secretary of State and Board from releasing the names contained in numerous sealed pardons in the Secretary's possession. The trial court granted the writ. On appeal, we focus not on the general broad...

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