Mark Barnett

Mark Barnett (born September 4, 1954) is an American attorney; the 28th Attorney General of South Dakota between 1991 and 2003 and a Circuit Court Judge between 2007 and 2019.

Legal career

Barnett, a Republican, graduated from the University of South Dakota School of Law.

Electoral history

1990 Attorney General Election

Barnett won the General Election by defeating Michael Butler. He won with 150,109 (59.49%) votes while Butler received 102,231 votes (40.51%).

1994 Attorney General Election

Barnett was re-elected by defeating Democrat Randy Turner and Libertarian Bert Olson. Mark received 192,147 (62.33%) votes; Randy received 106,709 (34.62%) votes and Bert received 9,410 (3.05%) votes.

1998 Attorney General Election

Barnett was elected for a third term as Attorney General. He was unopposed for the first time in the history of Attorney General elections in South Dakota.

As of October, 2019, Mark is the longest serving Attorney General in South Dakota history, with 12 years of service.

Supreme Court Litigation

Mark argued two cases before the United States Supreme Court as Attorney General, winning both cases.

South Dakota v. Bourland, 508 U.S. 679 (1993)

Attorney General Barnett argued on behalf of the state, winning a 7-2 decision that the federal Flood Control and Cheyenne River Acts had abrogated the tribe's right, guaranteed under the Fort Laramie Treaty, to regulate hunting and fishing on their lands by non-Indians.

South Dakota v. Yankton Sioux Tribe, 522 U.S. 329 (1998)

Attorney General Barnett argued that an 1894 federal statute, ratifying an agreement pursuant to the Dawes Act, had diminished the boundaries of the Yankton Sioux Reservation, as they had been established in an 1858 treaty. The Court ruled unanimously for the state.

2002 Gubernatorial Election

Barnett ran for Governor, but finished 2nd in a divisive 3-way primary for the 2002 Republican nomination. Mike Rounds won the nomination with 49,331 (44.34%) votes; Barnett received 32,868 (29.54%) votes and former Lieutenant Governor Steve T. Kirby received 29,065 (26.12%).

State Judicial Service

In 2007, Barnett was appointed as a Circuit Court Judge by Governor Mike Rounds. In 2014, he was reelected in an uncontested election. Barnett retired from the bench on March 22, 2019.