South Dakota SCT Finds “No Bias” in Case of Judge Who Referred to Indian Defending as “Go[ing] Native”

Matthew L.M. Fletcher

Here is the opinion in State v. Good Plume (h/t Legal Profession Blog).

An excerpt:

Defendant, a Native American, argues that he was denied due process in sentencing when the judge voiced a racial stereotype to describe his violent behavior under the influence of alcohol. The judge used the term “go native.” In defendant’s view, the remark was “improper” and “gave the impression of bias and prejudice” entitling him to resentencing before another judge. Although the term was ill chosen, upon examining the judge’s entire remarks, we detect no risk of actual bias based on objective and reasonable perceptions, and thus, we affirm.

2 thoughts on “South Dakota SCT Finds “No Bias” in Case of Judge Who Referred to Indian Defending as “Go[ing] Native””

  1. mahtolaw June 27, 2011 / 9:24 am

    I think this Judge used to be the Chief Public Defender in Deadwood SD>
    He was a pretty liberal guy. If this is the same Delaney, he really messed up using that phrase, should have known better. Don’t even go there in Court on a felony sentencing. Cannot use slang from any source in formal proceeding. If he did not “know” whay it meant why say it at all.

  2. citizen July 7, 2011 / 1:54 pm

    Wrong Delaney. The Deadwood defender moved on to Sioux Falls and continued with defense work.

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