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SD High Court Sides With AG In Visa Scandal Disclosure Case

Associated Press0

PIERRE, S.D. (AP) — The state Supreme Court says Attorney General Marty Jackley used appropriate discretion and followed state law when he declined to release to a journalist the death records of a former state official who was involved in South Dakota’s investment-for-visa scandal.

The high court in an opinion released Thursday also upheld an administrative law judge’s conclusion that the death records are exempt from disclosure under state public records law.

A circuit judge ruled against reporter Bob Mercer in September. The judge said Jackley was justified in not releasing details of former economic development official Richard Benda’s suicide out of privacy concerns for the man’s family.

Mercer in his appeal to the Supreme Court requested it establish a review methodology for future requests of death-investigation records that are of significant public interest.

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