December Board of Bar Commission Special Meeting Minutes

MINUTES OF SPECIAL BAR COMMISSION MEETING HELD VIA ZOOM ON DECEMBER 1, 2022

Start Time: 9:30 AM Central Time

President Lisa Marso called the meeting to order at 9:30 a.m. Central Time on Thursday, December 1, 2022. Present at the meeting were Marso, President Elect Heather Bogard, Commissioners Bell, Dougherty, Foral, Johnson, King, Matson, Olson, Pickar, Richter (joined meeting for executive session), Skjoldal, Srstka, and Strait. Executive Director/Secretary-Treasurer Andrew Fergel and Nicole Ogan were also present until the Commission went into executive session.

Selection of New Audit and Tax Preparation Firm for the State Bar of South Dakota and the Bar’s Associated Entities (SD CLE, Inc., and A2J, Inc.): Executive Director Fergel summarized the quotes received from three accounting firms for audit and tax preparation services. Fergel informed the Commission that the Finance and Audit Committee of the Commission reviewed the quotes prior to the meeting and recommends retaining ELO. Thereafter, the members of the Finance and Audit Committee each gave a short explanation about why they were recommending ELO. Based upon the recommendation of the Finance and Audit Committee and ELO’s quote, Commissioner Matson made a motion authorize the executive director to retain ELO CPAs and Advisors for audit and tax preparation services. Commissioner Pickar seconded the motion. Motion passed.

Executive Session: At 9:12 a.m. Central Time the Commission went into executive session to discuss personnel. The Commission came out of executive session at 10:27 a.m. Central Time. No action was taken by the Commission after coming out of executive session.

Adjourn: Commissioner King made a motion to adjourn the meeting. Commissioner Johnson seconded the motion. The motion passed and the meeting was adjourned.

Respectfully submitted,

Andrew L. Fergel Executive Director/Secretary-Treasurer

REAPPOINTMENT OF INCUMBENT MAGISTRATE JUDGE

The current appointment of Magistrate Judge Francy Foral is due to

expire on June 9, 2023. Magistrate Judge Foral serves in the Fourth

Judicial Circuit.

The duties of a magistrate judge include conducting preliminary

hearings in all criminal cases, acting as committing magistrate for all

purposes and conducting misdemeanor trials. Magistrate judges may also

perform marriages, receive depositions, decide temporary protection orders

and hear civil cases within their jurisdictional limit.

Pursuant to UJS policy members of the bar and the public are invited

to comment as to whether Magistrate Judge Francy Foral should be

reappointed to another four-year term. Written comments should be directed

to:

Chief Justice Steven R. Jensen Supreme Court 500 East Capitol Pierre, SD 57501

Comments must be received by March 11, 2023.