PIERRE, SD - South Dakota Governor Bill Janklow's main criticism of the US Commission on Civil Rights report was that the commission reached conclusions without gathering any real evidence.

The result was a report that badmouthed the state, he said, adding he was tired of having people badmouth his state. He repeated that theme frequently during a one-hour, statewide radio program. It was his response to a recently issued report on the status of the justice system in the state as it relates to the American Indian population. The report came out of a hearings in early December.

The governor agreed racial problems occurred in the state.

"They (the commission members) weren't interested in substance. They aren't interested in racial harmony. They aren't interested in racial accord. What they are interested in is turmoil and finger pointing and name calling and I'm going to accommodate them," Janklow said on a live, April 4 radio program over South Dakota Public Radio. This is his first response since the report was released March 27.

Gov. Janklow said he had not read the entire report, only the conclusions.

"I don't read garbage. "I'm only reading the conclusions. Since they said the facts are only allegations and they agree that they haven't been documented and haven't been substantiated, that's like reading fiction as far as I'm concerned. I'll be glad to read the conclusions, but I'm not going to read the fiction." During the program he took an offensive stand against the commission, the moderator Curt Nickisch and call-in guests. He apologized at program's end.

The governor then proceeded to quiz the radio moderator about the report and finally said "there was no evidence to prove the conclusion."

Another assessment from Janklow was that the commission spent one day in the state and then "brainwashed the media.

Nickisch asked if the governor if the mistrust in the justice system by American Indians has reached crisis proportion.

... ... He returned to the hate crime question and said he refuted that criticism.

"This is what I'm fighting though. This is the problem. It's people like you and the media, sir, that are feeding this kind of frenzy that these folks will come in and say these kinds of the things and do these kinds of things.

You and I have to deal in facts, because if we deviate from that sir, then we are misleading the public."

He said the report was sent to the media two days before it was released to the public. He received his copy two days later. His point was that members of the media called to get his response before the commission report was released. "They all knew I didn't have a copy to respond. That shows how illegitimate it is."

... ... "I appreciate you having me on today, and I realize it has been more controversial today. But I felt I had to speak out to defend South Dakota from allegations. Let's deal in substance. But more importantly, let's all wake up tomorrow morning and decide everybody's going to do one thing to bring racial harmony. I'm not asking everybody to do a lot, let's all do one thing for two days in a row." (yeah, that'll do it. CR)

Many are disappointed with Janklow comments, solutions
By LEE WILLIAMS
Argus Leader
published: 5/10/00

"Most Indians know what his tactics are by saying he's working with the civil rights commission. It's all an act. He's minimizing and excusing," said Shirley Duggan, an enrolled member of the Sisseton-Wahpeton Tribe.

Janklow met for more than three hours Tuesday with advisory committee members to discuss the group's report, which is critical of the treatment of American Indians in the state's judicial system. The discussion was broadcast live on South Dakota Public Television and Radio.

The head of American Indian Services in Sioux Falls called the meeting's dialogue constructive.

"It's a good first step in discussing issues that affect Native American people," said Art War Bonnet. "I think the governor had some concerns about the report, especially the inaccurate statistics, which is good. In all reports you want accuracy, but I don't think they interfered with the spirit of the report."

... During the meeting, Janklow said he would help find practical solutions to problems faced by American Indians.

"To the extent that people will bring it to my attention, I'll have it looked into," he said.

Darlene Pipeboy wants the governor to visit her home in Sisseton, if he's looking for examples of racism. "Janklow says, 'Show me a case.' He should come to the reservation. We'll give him plenty," she said. "Anybody can make allegations. But will it take another 20 years to make a difference?"

In Huron, Democratic state representative Pat Haley was angered by what he called the shifting focus of Janklow's meeting.

"I have almost no faith in the governor's ability to deal sincerely and honestly with problems because of my experience with juvenile corrections," Haley said.

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Critics of a controversial federal report that detailed how many Native Americans believe they are treated unfairly should listen to the message and not attack the messenger, Sen. Paul Valandra, D-Mission, told other members of the State-Tribal Relations Committee.

Valandra's comments came after John Dulles, regional director for the federal commission, and Elsie Meeks, a national commission member from Interior, talked about the report with the legislative panel.

The report found "a strongly held perception among Native Americans that there is a dual system of justice, and that race is a critical factor in determining how law enforcement and justice functions are carried out.''

Gov. Bill Janklow has been a vocal critic of the report, which he said is incomplete, contains many errors of fact and is the product of a one-day public forum at which people were allowed to testify without being under oath or facing cross-examination.

"Some of us could get the perception this was such a rush job,'' Janklow told the legislators.

He met with several members of the state advisory committee last week in a three-hour session aired on public broadcasting stations. He said then and repeated Wednesday that the report should have dealt with facts, not perceptions.

"When we talk about reality, it is different than perceptions,'' said Janklow, who added that the federal panel should return to the state and finish its work by gathering facts to support its conclusions.

"I think they ought to come back here,'' he said. "I don't see any reason we ought to do anything in a formal sense.''

But state Rep. Ron Volesky, D-Huron, told the committee that South Dakota should take the initiative with a task force that would find out whether the perceptions in the federal report are backed by fact.

He recommended a task force of Indian and non-Indian members, law enforcement officials, citizens and perhaps legislators, to study the system of justice in South Dakota.

"Let's take care of this ourselves,'' Volesky said. "I think that would go a long way toward establishing whether the perceptions are real.''

The State-Tribal Committee will consider that approach this summer. It's among several topics the panel outlined for study.

Sen. Bob Benson, R-Clearfield, said he'd prefer such a task force be an outside group and not a legislative committee.

"It doesn't hurt to try,'' he said.

Benson chairs the State-Tribal Committee. Although the group doesn't have authority to take action on the civil rights report, he said he invited Dulles and Meeks to Wednesday's meeting because the topic has been in the news for the past two months.

"We're not for or against it,'' Benson said. "Of course, we weren't going to walk around it.''

He said the report shows the need for more data to be collected on the criminal justice system.

"It seems at all levels, we need the resources to collect that data,'' Benson said. "I hope the federal government can help. It would take far more than we have.''

Dulles, of Denver, said perceptions embodied in the civil rights report were gathered not only from 13 hours of public discussion in Rapid City in December but from interviews his staff did with people who declined to testify publicly as well. He also noted that some state advisory committee members, along with US Civil Rights Commission Chair Mary Berry, visited Pine Ridge and nearby White Clay, Neb., the day before the forum.

"It was equal, certainly, to two or three days,'' Dulles said. "There was such a pattern of frustration and helplessness in that room.''

The civil rights report may have increased racial problems rather than easing them, said Rep. Bill Napoli, R-Rapid City.

"For us to make blanket statements like that commission made causes polarization,'' Napoli said.

The report, as other commission reports in the past have, did spark conversation, Dulles said. That discussion should continue, he said.

"What we want is a mechanism to be in place at the local and state level for people to come forward,'' he said.

A Wakpala man said he is working with a group that is trying to establish a civil rights commission for that area of the Standing Rock Indian Reservation.