Marty was raised in Sturgis and graduated from the South Dakota School of Mines and Technology with his Bachelor of Science degree in Electrical Engineering with Honors. He received his law degree from the University of South Dakota School of Law.
Marty served as a law clerk for former Chief Judge Richard H. Battey in federal district court and then became a partner of the Gunderson Palmer law firm.
In 2006, Marty was appointed and unanimously confirmed by the US Senate as US Attorney for South Dakota. As United States Attorney, he served as the chief law enforcement officer and legal advisor for federal issues in South Dakota. Marty was named the South Dakota Prosecutor of the Year in 2008 by the South Dakota State’s Attorneys Association.
In September of 2009, Marty was appointed Attorney General by Governor Mike Rounds. In 2010 and 2014, Marty was overwhelmingly elected as South Dakota’s Attorney General. As Attorney General, he served as the chief law enforcement officer and legal advisor for the State. Marty has served as the Chairman of the National Association of Attorneys General and the Conference of Western Attorneys General. In 2016, Marty was honored to receive the National Kelley-Wyman Outstanding Attorney General award.
In 2018, Marty successfully argued before the Supreme Court of the United States in South Dakota v. Wayfair, providing Main Street businesses across South Dakota and the nation a level business playing field. He has extensive trial and appellate experience in state and federal courts, having personally tried capital murder cases, a no body homicide, the 1975 murder of Annie Mae Aquash and public corruption cases.
In January 2019, after serving as Attorney General and US Attorney, Marty returned to Gunderson Palmer law firm as a partner opening up the Pierre branch office by the state capitol.
- Law School: University of South Dakota, J.D. - 1995
- Undergraduate School: South Dakota School of Mines and Technology, B.S. Electrical Engineering, with Honors - 1992
Admitted to the Bar
- State of South Dakota - 1995
- Federal District Court for South Dakota - 1997
- Federal Eighth Circuit Court of Appeals - 1998
- United States Supreme Court - 1999
- Oglala Sioux Tribal Court - 2004
- Cheyenne RIver Sioux Tribal Court (Eagle Butte) - 2021
- Sisseton-Wahpeton Sioux Tribal Court
- United States Court of Federal Claims
- South Dakota v. Wayfair, 138 S.Ct. 2080 (2018)—Oral argument counsel at US Supreme Court on 5-4 decision overruling the fifty-year physical presence requirement for state sales tax collection for online sales
- State v. Tornquist, 872 N.W.2d 635 (SD 2015)—Lead trial counsel on no-body homicide of a mother by her son based upon forensic evidence
- State v. Robert, 820 N.W.2d 136 (SD 2012); State v. Berget, 853 N.W.2d 45 (SD 2014)—Lead trial and appellate counsel on capital cases for the homicide of a correction officer
- State v. Graham, 815 N.W.2d 293 (SD 2012)—Lead trial and appellate counsel on 1975 cold case homicide of Annie Mae Aquash, the subject of numerous novels
- National Association of Attorneys General; Chairman, 2015–2016; Vice Chairman, 2014–2015; Executive Board, 2013–2014
- Tobacco Subcommittee; Co-Chairman, 2012–2014
- Criminal Law Committee; Co-Chairman, 2011–2013
- Conference of Western Attorneys General; Chairman, 2013–2014; Vice Chairman, 2012–2013
- Jobs for America's Graduates; Board of Directors, 2017–2019
Honors and Recognition
- South Dakota School of Mines “Distinguished Alumni Award,” December 2017
- National Outstanding Attorney “General Kelley-Wyman Award,” June 2016
- The Aspen Institute-Rodel Fellowship Program for Outstanding Leadership, 2011–2013
- South Dakota “Prosecutor of the Year Award,” April 2008
South Dakota Attorney General, September 2009 – January 2019
United States Attorney for the District of South Dakota, July 2006-September 2009
Chairman of the Association of Attorneys General, 2016
Jones County States Attorney, August 2020-January 2021