S.D. Rep.'s Day In Criminal Court

(CBS/AP)  On the same day his fellow members of Congress returned to Washington, Rep. Bill Janklow made his first court appearance Tuesday on second-degree manslaughter and reckless driving charges stemming from a deadly motorcycle crash.

The former four-term Republican governor did not speak during the five-minute hearing. One of his lawyers, Ed Evans, requested a preliminary hearing, which was set for Sept. 25-26.

Investigators say Janklow was doing 71 mph in a 55 mph zone on Aug. 16 when he ran a stop sign in his Cadillac and collided with a Harley-Davidson driven by Randy Scott, who died at the scene.

Janklow hurt his head and right hand in the crash. He is still recovering from his injuries and needed some help walking up the courthouse steps Tuesday.

Moody County State's Attorney Bill Ellingson charged Janklow on Friday with second-degree manslaughter, reckless driving, speeding and failure to stop. If convicted, Janklow could get up to 10 years in prison and a $10,000 fine for second-degree manslaughter and a year in jail and a $1,000 fine for reckless driving.

The House of Representatives ethics committee will also investigate.

Circuit Court Judge Rodney Steele allowed Janklow to remain free on a personal recognizance bond after concluding he was not at risk of not showing up for court appearances.

The preliminary hearing will determine if there is enough evidence to bring Janklow to trial.

Janklow served as South Dakota's attorney general for four years and governor for 16 years before being elected to the state's lone House seat last year. Prior to the accident, he had been mentioned as a possible Republican candidate against Sen. Tom Daschle, D-S.D., who plans to seek re-election next year.

Because Janklow is charged with a felony, the U.S. House of Representatives ethics committee will automatically investigate. The committee's rules say representatives who plead guilty or are convicted of a crime that carries more than two years in prison can't vote in the chamber until his or her record is cleared, or until re-elected.

Janklow's son said last week that the family had discussed the charges but there was no talk of him resigning.

If Janklow were to resign, Republican Gov. Mike Rounds would call a special election within three months to fill it.

A self-proclaimed speeder, Janklow got 12 speeding tickets in 11 South Dakota counties from 1990 to 1994 and paid more than $1,000 in fines. He often drove 15 mph to 20 mph faster than legal speed limits and once got caught going 90 mph in a 65-mph zone.