The state is throwing even more charges at Robert Herzberg, the Colorado man busted near Kadoka in July for speeding, snorting cocaine, smoking dope, and hauling 292 pounds of what may have been industrial hemp. But the Jackson County Clerk of Courts illegally tried to suppress publication of that heightened prosecution:
The Jackson County Clerk of Court staff refused to give the Argus Leader the case number when reached via phone to prevent the paper from reporting on the case. When asked by the Argus Leader for the state statute on which the staff was basing its refusal, staff said the case is a public record, but they didn’t want to give the Argus Leader access to the court documents. The staff only gave the Argus Leader access to the case after it was pointed out that the court can’t prevent access to a public record on the sole basis that the court doesn’t want the public to know about the case [Lisa Kaczke, “More Charges Added in Prosecution of Hemp Delivery Driver in South Dakota,” that Sioux Falls paper, 2019.09.20].