In re: Legislator Interest in State Contracts
South Dakota Supreme Court issued advisory opinion at Governor’s request, clarifying the breadth of a constitutional prohibition on state legislators having an interest in state contracts. The court held the clause probihits legislators from being interested, directly or indirectly, in contracts that are authorized by legislation passed during the lawmaker’s term. The court also interpreted general appropriation legislation to simply allocate funds for state government, not to count as a law authorizing specific contracts.
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Judicial Advisory Opinions Explained
State and federal courts differ not just in the substantive rights they recognize but also in how they define judicial power.