In a letter dated Wednesday, Jackley cited a 2020 South Dakota Supreme Court warning to state lawmakers that it is unconstitutional for them to accept federal investments in the event of a pandemic.
LIFE SENTENCE FOR SOUTH DAKOTA MAN WHO FATALLY SHOT PEOPLE, INCLUDING 5-YEAR-OLD GIRL
“The Supreme Court has expressly barred such bills from legislators,” Jackley wrote to Castleberry.
South Dakota Attorney General Marty Jackley has asked the Republican lawmaker to pay back more than $600,000 she earned in COVID-19 relief funds.
Gov. Kristi Noem said Castleberry violated the state charter by accepting pandemic aid.
MOUNTAIN LION SPOTTED NEAR SOUTH DAKOTA GOLF COURSE
“The Supreme Court may simply not have expressed itself more obviously or particularly on this issue. The senator has a moral and non-public legal responsibility regarding conflicts of interest,” Noem wrote in an earlier letter to the attorney general.
Castleberry said he believes his business is eligible for investment after speaking with an attorney. He said he had “communicated directly and transparently” with the social service regarding his grant applications.
“I am committed to resolving the issue with the state and will work with them to act in accordance with the state constitution,” Castleberry said in a statement.
CLICK HERE FOR THE FOX NEWS APP
Noem had asked the attorney general to investigate Castleberry after a staff member from the state Department of Social Services identified Castleberry’s call in a recent $4,000 grant application, which was denied. A review through the firm revealed more than a dozen other bills for Castleberry Kindergarten.
Castleberry was appointed to a vacant state Senate seat in 2019 and continues to serve.