A federal judge in Pierre has denied a motion by South Dakota Republican State Senator Julie Frye-Mueller of Rapid City to pause the State Senate’s pending disciplinary proceedings against her.
Judge Roberto Lange ruled that what Frye-Mueller was actually asking for was a restraining order and that she had failed to serve the motion on the defendant, Senate President Pro Tem Lee Schoenbeck.
Judge Lange said there was no indication that Frye-Mueller’s attorney, former State Speaker of the House Steve Haugaard, had attempted to notify Schoenbeck of the motion seeking judicial relief.
Lange obviously thought contacting Schoenbeck should be simple as he said the senators “whereabouts at this time of year are well-known; he is here in Pierre serving in the state senate as president pro tem.”
The judge said he wanted to “hear from both sides before issuing a substantive order and thus prefers transforming this injunction request from an ex parte request for a temporary restraining order to a preliminary injunction hearing.”