Nebraska judge appointed in federal contempt case against U.S. marshal

ABERDEEN, S.D.(Aberdeen American News)- An out-of-state judge has been appointed in a federal case charging supervisors with the U.S. Marshal Service with contempt of court.

Judge Brian C. Buescher, a federal judge in Nebraska, has been appointed to handle the case.

Federal Judge Charles B. Kornmann, who is based in Aberdeen, filed criminal contempt of court and obstruction of justice charges against John Kilgallon, chief of staff for the U.S. Marshals Service; Daniel Mosteller, U.S. marshal in South Dakota; and Stephen Houghtaling, chief deputy U.S. marshal for South Dakota. A trial is set for Sept. 13.

In short, here’s what has happened in the case. Earlier this year, Kornmann issued a memo that anybody in his courtroom must be fully vaccinated. But the Marshal Service has taken the stance that no deputy marshals should be required to disclose their vaccination status. That disagreement led to the disruption in Aberdeen federal court proceedings on May 10 when a deputy marshal refused to disclose whether she had been vaccinated and was asked to leave Kornmann’s courtroom.