Jeffrey Viken

Nomination Tracker
Nominee Information
	Name: Jeffrey Lynn Viken
	Court: United States District Court for the District of South Dakota
Progress
	Confirmed 96 days after nomination.
	Nominated: June 25, 2009
	ABA Rating: Substantial Majority Well Qualified, Minority Qualified
	Questionnaire: Questionnaire
	Hearing: July 29, 2009
	QFRs: QFRs (Hover over QFRs to read more)
	Reported: September 10, 2009
	Confirmed: September 29, 2009
	Vote: 99-0

Jeffery Lynn Viken is a federal judge on senior status with the United States District Court for the District of South Dakota. He joined the court in 2009 after a nomination from President Barack Obama (D). Viken served as chief judge from 2013 to 2019.^[1]

Biography

Early life and education

Born in Huron, South Dakota, Viken earned his bachelor's degree from the University of South Dakota in 1974 and his J.D. from the University of South Dakota School of Law in 1977.^[1]

Professional career

2009-2021: Judge, United States District Court for the District of South Dakota
- 2013-2019: Chief judge
2003-2009: Federal public defender, Districts of South Dakota and North Dakota
1981-2003: Private practice, Rapid City, S.D.
1977-1981: Assistant U.S. attorney, District of South Dakota^[1]^[2]

Judicial career

District of South Dakota

Viken was nominated by President Barack Obama on June 25, 2009, to a seat on the United States District Court for the District of South Dakota vacated by Lawrence Piersol. The American Bar Association rated Viken Substantial Majority Well Qualified, Minority Qualified for the nomination. Hearings on Viken's nomination were held before the Senate Judiciary Committee on July 29, 2009, and his nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on September 10, 2009. Viken was confirmed on a recorded 99-0 vote of the U.S. Senate on September 29, 2009, and he received his commission the next day. He served as chief judge of the district court from 2013 to 2019.^[1]^[3]^[4]

Noteworthy cases

Judge denies motion to dismiss American Indian parental custody case (2014)

The Rosebud Sioux Tribe, Oglala Sioux Tribe and three American Indian parents accused the Seventh Circuit Court, the South Dakota State Attorney’s office and the Department of Social Services of violating the Indian Child Welfare Act by ordering or allowing the removal of children from their parents' homes. The accusations came in the form of a civil lawsuit filed in federal court. Specifically, the plaintiffs alleged that when charges are made against American Indian parents, decisions on child custody and removal happen after hearings which last a few minutes and the parents are not given copies of the petitions against them.^[5]

Judge Jeffrey Viken refused a motion to dismiss the case made by the defendants. Judge Viken wrote that, if the allegations in the petition were true, then the defendants were violating the rights of American Indian parents and children. Judge Viken also certified the case as a class action, allowing other American Indians who reside in Pennington County that have been impacted by these defendants to join the suit.

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