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GRAY v. GIENAPP

No. 24407.

727 N.W.2d 808 (2007)

2007 SD 12

Bob GRAY, President Pro Tempore of the South Dakota State Senate and Members of the South Dakota State Senate, Applicants, v. David R. GIENAPP, Circuit Judge, Respondent, and Daniel Sutton, Intervenor and Respondent.

Supreme Court of South Dakota.

Decided January 18, 2007.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Roxanne Giedd, Assistant Attorney General, Jeffrey P. Hallem, Deputy Attorney General, Pierre, SD, Attorneys for Applicants Bob Gray and Members of the South Dakota State Senate.

Michael J. Butler of Butler Law Office, Sioux Falls, SD, Patrick Duffy of Duffy and Duffy, Rapid City, SD, Attorneys for Intervenor and Respondent Daniel Sutton.

GILBERTSON, Chief Justice.

[¶ 1.] On January 10, 2007, the circuit court for the Third Judicial Circuit, venued in Moody County, the Honorable David Gienapp presiding, filed an alternative writ of prohibition. It ordered Bob Gray, the president pro tempore of the South Dakota Senate, and the members of the Senate to "desist and refrain" "during the 2007 South Dakota Legislative Session under Proposed Senate Rules on Discipline and Expulsion of Members" from holding...

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