As part of a package of nominees with Sioux Falls attorney Eric Schulte, the White House has nominated state judge Camela (“Cammy”) Theeler to the U.S. District Court for the District of South Dakota.

Background

A native of Pierre, South Dakota, the 48-year-old Camela C. Theeler received a B.A. from the University of South Dakota in 1998 and a J.D. from the University of South Dakota School of Law in 2000. She subsequently clerked on South Dakota’s First Judicial Circuit before joining the Morgan Theeler law firm.

In 2003, Theeler shifted to Lynn, Jackson, Shultz & Lebrun, where she stayed until 2012, when she became an Assistant U.S. Attorney with the U.S. Attorney’s Office for the District of South Dakota. In 2018, Governor Dennis Daugaard named Theeler to the Second Judicial Circuit in South Dakota, where she currently serves.

History of the Seat

Theeler has been nominated to replace Judge Jeffrey Viken, who took senior status back in October 1, 2021. The nominations of Theeler and her co-nominee Eric Schulte happened after extensive negotiations with South Dakota’s Republican senators, which lasted years and resulted in several candidates rejected, including U.S. Magistrate Judge Veronica Duffy and former Congresswoman Stephanie Herseth Sandlin (who took herself out of consideration).

Legal Experience

Theeler started her legal career with a brief stint at Morgan Theeler and then at Lynn, Jackson, Schultz & Lebrun, where she defended Ethicon Endo-Surgery against a suit brought based on alleged discrimination against a pregnant employee. See Reynolds v. Ethicon Endo-Surgery, 454 F.3d 868 (8th Cir. 2006).

Between 2012 and 2018, Theeler worked as an Assistant U.S. Attorney with the U.S. Attorney’s Office for the District of South Dakota. At the office, Theeler primarily worked on civil cases, defending the Postmaster General against an employment discrimination suit. See Robinson v. Donahoe, 957 F. Supp. 2d 1119 (D.S.D. 2013). Theeler also defended the U.S. government in tort suits, see, e.g., Gates v. Black Hills Health Care Systems, 997 F. Supp. 2d 1024 (D.S.D. 2014), as well as suits under the Administrative Procedure Act. See, e.g., Middlebrooks v. United States, 8 F. Supp. 3d 1169 (D.S.D. 2014).

Political Activity

While Theeler has been identified as a Republican and her father-in-law, Jack Theeler, is a frequent Republican donor, Theeler’s own political history is fairly limited, and includes donations to both Democrat Jim Abbott and Republican Dusty Johnson.

Jurisprudence

In 2018, Governor Dennis Daugaard named Theeler to the Second Judicial Circuit of South Dakota to replace Judge Joseph Neiles. In that role, Theeler serves as a primary trial judge. Among her notable decisions as judge, Theeler sentenced 21-year-old Dantrez Isaac to three years in prison for his role in a burglary that occurred during May 2020 riots in Sioux Falls.

On the civil side, Theeler dismissed a suit brought against the City of Sioux Falls brought after the plaintiff was injured by an apartment wall collapsing during demolition under a city permit. See Fodness v. City of Sioux Falls, 947 N.W.2d 619 (S.D. 2020). Theeler dismissed the suit under the “public duty” rule, which prevented any duty of care attaching to municipalities merely through the issuance of permits. See id. The South Dakota Supreme Court affirmed.

Among her decisions appealed, the South Dakota Supreme Court reversed Theeler’s grant of a motion to compel allowing plaintiffs in a medical lack of informed consent case to review non-party patient records from the defendant. See Ferguson v. Thaemert, 952 N.W.2d 277 (S.D. 2020). The Supreme Court found that the request to look through the records of other patients of the defendant violated South Dakota statutes, and were not reasonably calculated to produce relevant evidence. See id.

Overall Assessment

With the strong support of both the White House and her home state senators, Theeler should be a relatively uncontroversial choice for the federal bench and should be confirmed comfortably.

After a long negotiation process, former South Dakota Bar President Eric Schulte has been named as one of two nominees to the U.S. District Court in South Dakota.

Background

Schulte has a long history in South Dakota, getting a B.A. from the University of South Dakota in 1994 and a J.D. from the University of South Dakota School of Law in 1999 before clerking on the South Dakota Second Judicial Circuit in Sioux Falls. Schulte then joined Davenport, Evans, Hurwitz & Smith, where he still practices as a Partner.

History of the Seat

Schulte has been nominated to replace Judge Karen Schreier, who will take senior status upon confirmation of a successor.

Legal Experience

Schulte has spent his entire legal career at Davenport, Evans, Hurwitz & Smith, where he works on commercial, insurance, and construction litigation. In addition, Schulte has served as a board member for East River Legal Services, working on providing legal assistance to low income individuals.

Among his notable cases, Schulte represented Blue Cloud Abbey, a defendant in a suit brought by seventy-two former students of St. Paul’s School, who alleged mental, physical, and sexual abuse while they were students there. See Zephier v. Catholic Diocese of Sioux Falls, 752 N.W.2d 658 (S.D. 2008). After the district court dismissed all claims under the statute of limitations, the South Dakota Supreme Court reversed, finding that most of the defendants had alleged timely claims against the defendants. See id. at 23.

Political Activity

Schulte has an extensive donation history, with the vast majority of his donations going to Democrats in North and South Dakota. Schulte has also donated to a few Republicans, most notably, South Dakota Attorney General Marty Jackley.

Overall Assessment

With the District of South Dakota desperately in need of additional judges, Schulte’s nomination cannot come fast enough for the judges on the court. As with similar packages negotiated in Indiana and Oklahoma, it is likely that Schulte will be confirmed comfortably.