Another South Dakota Republican lawmaker is facing a criminal charge

A South Dakota state senator was cited for driving under the influence this week, marking the third time criminal charges for a state lawmaker have come to light in the space of four months. 

Leola Republican Mark Lapka, 45, was cited for driving under the influence between Tuesday night and early Wednesday morning, McPherson County State’s Attorney Austin Hoffman confirmed to South Dakota Searchlight. Lapka was cited, not arrested, Hoffman said, “due to the circumstances of the situation.”

He declined to offer further details, citing the ongoing investigation. No charges have been filed yet, Hoffman said, because the clerk of courts for McPherson County was not immediately available to file them.

Sheriff David Ackerman said the incident occurred near the edge of town in Leola, but also declined to elaborate due to the ongoing investigation.

A first offense of driving under the influence is punishable by up to a year in jail and a $2,000 fine. Lapka has no criminal record in South Dakota beyond the pending charge and a speeding ticket, according to a search of the state’s court record database.

Lapka is running uncontested for reelection to his seat in District 23, where he represents all of McPherson and Edmunds counties and parts of Brown, Campbell, Faulk, Hand, Potter and Walworth counties. He did not return a call or text from Searchlight.

December trial date set for South Dakota lawmaker facing election-related felony charges

Sioux Falls Republican Sen. Chris Karr, one of the chamber’s top leaders as president pro tempore, did not immediately respond to a call and a text seeking comment. 

Two other Republican lawmakers were charged criminally in June. Newell Rep. Travis Ismay was charged with felony damage to a road, but the charge was reduced when he agreed to plead no contest to a misdemeanor version of the same crime. Ismay agreed to pay back the county for the cost of re-grading the gravel road he’d graded himself.

Ismay is running unopposed for reelection to his seat in District 28B. That district includes Butte and Harding counties and parts of Perkins County.

Sen. Tom Pischke, R-Dell Rapids, awaits trial on two felony counts of attempting to file a false or forged instrument. That case accuses Pischke of signing and submitting nominating petitions for county party precinct positions without those candidates’ knowledge. The Minnehaha County Republican Party chairman has alleged that Pischke was motivated by a dispute within the party, and wanted to add committee members to make it more difficult for county party meetings to achieve a quorum.

A December trial date has been set for Pischke, who dropped out of his reelection race in July after saying he’d be unable to be “transparent” during the campaign while his criminal case is pending.

Pischke serves in District 25, which includes northern Minnehaha and all of Moody County. 

Former Republican lawmaker Bryan Breitling is running for Pischke’s seat as an independent. The Minnehaha County Republican Party chose Bart Sample, of Flandreau, to replace Pischke on the Republican ticket. Sample finished third in a three-way primary race on June 2 for two Republican nominations for the district’s state House seats.