Charles Kornmann
2008 - Present
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Charles B. Kornmann is a federal judge on senior status with the United States District Court for the District of South Dakota. He joined the court in 1995 after being nominated by President Bill Clinton.
Early life and education
A native of Watertown, South Dakota, Kornmann graduated from the College of St. Thomas with his bachelor's degree in 1959 and from Georgetown College Law Center with his LL.B. in 1962.[1]
Military service
Kornmann served in the U.S. Army from 1962 to 1963.[1]
Professional career
- 2008-Present: Senior judge
- 1995-2008: Judge
- 1965-1995: Private practice, Aberdeen, S.D.
- 1963-1965: Executive secretary, South Dakota Democratic Party
- 1963: Legislative assistant, U.S. Sen. George McGovern, (D-S.D.)[1]
Judicial career
District of South Dakota
 |
| Nominee Information |
| Name: Charles B. Kornmann |
| Court: United States District Court for the District of South Dakota |
| Progress |
| Confirmed 60 days after nomination. |
| Questionnaire: |
| QFRs: (Hover over QFRs to read more) |
Kornmann was nominated by President Bill Clinton on January 23, 1995, to a seat on the United States District Court for the District of South Dakota vacated by Judge John B. Jones. The American Bar Association rated Kornmann Substantial Majority Qualified, Minority Well Qualified for the nomination. Hearings on Kornmann's nomination were held before the Senate Judiciary Committee on February 27, 1995, and his nomination was reported by U.S. Sen. Orrin Hatch (R-Utah) on March 16, 1995. Kornmann was confirmed on a voice vote of the U.S. Senate on March 24, 1995, and he received his commission the same day. Kornmann elected to take senior status beginning on July 31, 2008. He was succeeded in this position by Judge Roberto Lange.[1][2][3]
Noteworthy cases
Initiated Measure 24 banning out-of-state ballot measure campaign contributions
- See also: South Dakota Initiated Measure 24
Judge Kornmann presided over over two suits to overturn Initiated Measure 24 (2018). Initiated Measure 24 was a citizen initiative approved by South Dakota voters in November 2018 that was designed to ban out-of-state contributions to ballot measure campaigns. On May 9, 2019, Judge Kornmann ruled that Measure 24 violated the First Amendment and the Commerce Clause of the U.S. Constitution by impeding political free speech rights and interfering with the transfer of money from one state to another. The ruling blocked the state from enforcing the initiative. It applied to both lawsuits filed against the initiative and was in favor of plaintiffs Cory Heidelberger (D) and his ballot question committee, SD Voice; Former Attorney General Marty Jackley (R); the South Dakota Newspaper Association, Retailers Association, Broadcasters Association and Chamber Ballot Action Committee; Americans for Prosperity; and individual Thomas Barnett Jr.[4]
Kornmann said the evidence in the case “demonstrates how important out-of-state contributions are for the ballot question committees to pursue political speech. The State cannot enact restrictions that so completely prevent those pursuing unpopular laws from amassing the resources necessary for effective advocacy.” [5]
Cheyenne-Eagle School District dress codes
Judge Kornmann presided over a suit filed by parents of Cheyenne-Eagle school district students and the Cheyenne river Sioux Tribe against the Cheyenne-Eagle Butte School district. The school district imposed a new dress code requiring students to wear dress shirts and pants or skirts; this was done because school administrators felt it would reduce violence in the schools. The plaintiffs asserted that the dress code was in violation of the students' constitutional rights to free expression as well as federal regulations requiring the school to consult with tribes and parents of Indian children when they develop school programs and policies. Judge Kornmann scheduled a hearing but before it was held the tribe's lawyer informed him that the tribal council had withdrawn its support for the suit; Kornmann then granted the school district's request to dismiss the lawsuit and gave leave for parents to file a new legal challenge if they choose.[6]
See also
- United States District Court for the District of South Dakota
- United States Court of Appeals for the 8th Circuit
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Federal Judicial Center, "Biography of Judge Charles B. Kornmann," accessed May 17, 2017
- ↑ United States Congress, "PN 177 — Charles B. Kornmann — The Judiciary," accessed May 17, 2017
- ↑ American Bar Association, "Ratings of Article III judicial nominees, 104th Congress," accessed May 17, 2017
- ↑ Mitchell Republic, "Judge to weigh evidence in lawsuits calling South Dakota ballot measure a violation of free speech," accessed May 7, 2019
- ↑ The Washington Post, "Judge strikes down South Dakota out-of-state fundraising ban," May 9, 2019
- ↑ Rapid City Journal, "Judge dismissed Cheyenne-Eagle Butte school dress code lawsuit," September 16, 2009
| Political offices | ||
|---|---|---|
| Preceded by: John B. Jones |
District of South Dakota 1995–2008 Seat #2T |
Succeeded by: Roberto Lange
|
| |||
|---|---|---|---|
| Active judges | |||
| Senior judges |
Karen Schreier • Charles Kornmann • Lawrence Piersol • Jeffrey Viken • | ||
| Magistrate judges | William D. Gerdes • Veronica Duffy • Mark Moreno • Daneta Wollmann • | ||
| Former Article III judges |
Andrew Bogue • John B. Jones • Donald Porter • John Emmett Carland • Alonzo Jay Edgerton • James Douglas Elliott • Alfred Lee Wyman • John Beck • George Mickelson • Fred Nichol • | ||
| Former Chief judges |
Karen Schreier • Lawrence Piersol • Richard Battey • Andrew Bogue • John B. Jones • Donald Porter • John Beck • George Mickelson • Fred Nichol • Jeffrey Viken • | ||
