Title 16 — COURTS AND JUDICIARY

No person, except as provided in § 16-18-2 , may practice as an attorney and counselor at law in any court of record within this state, either by using or subscribing his or her own name or the name of any other person, without having previously obtained a license for that purpos…

Applicants must be able to demonstrate the following essential eligibility requirements for the practice of law: (1) The ability to be honest and candid with clients, lawyers, courts, the board, and others; (2) The ability to reason, recall complex factual information, and integr…

In determining whether or not the court shall certify the applicant without requiring examination the court shall take into consideration such factors as it may deem pertinent, such as the extent of the applicant's experience and practice of law; his past success in the professio…

An applicant who fails three times to pass the bar examination in any jurisdiction or combination of jurisdictions will not be permitted to take another examination in South Dakota except by permission of the Supreme Court upon a showing that the reasons for previous failures no …

16-16-12.1 Admission without examination--Eligibility by practice. 16-16-12.2 Admission without examination--Application requirements. 16-16-12.3 Attorney licensing when spouse is a member of the armed forces. 16-16-12.4 Contents of application for licensing when spouse is a memb…

An applicant may be eligible for admission without examination if the applicant: (a) Meets the requirements of § 16-16-2 ; (b) Furnishes satisfactory evidence of graduation from a law school accredited by the American Bar Association, and; (c) Provides documentary evidence showin…

The application for admission without examination shall be filed with the secretary of the board of bar examiners in such form as the board shall prescribe. The failure of an applicant to furnish information or answer truthfully interrogatories of the board pertinent to the appli…

Notwithstanding any other provision in law, any attorney licensed to practice law in another jurisdiction within the United States, shall be admitted to practice in this state if: (1) His or her spouse is a member of the armed forces of the United States; (2) His or her spouse is…

Any attorney seeking admission to practice in South Dakota under § 16-16-12.3 shall submit a sworn, written application to the Supreme Court of South Dakota containing the following: (1) The name and post office address of the applicant; (2) The jurisdictions in which the applica…

An applicant for an admission on examination shall pay a fee of four hundred fifty dollars. An applicant for admission without examination shall pay a fee of six hundred fifty dollars. An applicant shall also pay the National Conference of Bar Examiners the applicable fee for pre…

No person shall be refused a license under this chapter on account of sex. Source: SL 1893, ch 21 , § 1; SL 1901, ch 60 , § 1; RPolC 1903, § 685; RC 1919, § 5253; Supreme Court Rule 1, 1939; SDC 1939 & Supp 1960, § 32.1101.

The Board of Bar Examiners is empowered to make inquiries and investigations concerning the character, fitness and general qualifications of applicants for admission. In the conduct of investigations and upon hearings, the board may take and hear testimony and compel, by subpoena…

The procedures provided in Rule 8.1 will apply except that the secretary of the Board of Bar Examiners shall make a recommendation to the Board of Bar Examiners regarding the issue submitted directly to the Board. Results of examinations administered by the Board are not determin…

If an applicant be aggrieved by the decision of the Board of Bar Examiners as to a request made under the Americans with Disabilities Act (ADA), the secretary of the board shall transmit the applicant's file and other available information to the Supreme Court for review. The Cou…

Every applicant who has complied with the requirements of the applicable rules shall be recommended by the board to the Supreme Court for admission to practice law, provided, however, that such recommendation by the Board of Bar Examiners shall be effective for a period not excee…

In its sole discretion, the Board of Bar Examiners may recommend to the Supreme Court that an applicant be admitted to the bar on a conditional basis in accordance with these Rules. The recommendation may incorporate such terms, conditions and restrictions and be for such duratio…

As provided by § 16-16-7.3 , conditional admission may be employed to permit an applicant who currently satisfies character and fitness requirements to practice law while his or her continued participation in an ongoing course of treatment or remediation for previous misconduct o…

The Board of Bar Examiners may recommend that an applicant be admitted to the bar conditioned on the applicant's compliance with relevant conditions prescribed by the board. To be eligible for conditional admission an applicant must satisfy all requirements for admission to the b…

In the event that a majority of the members of the Board of Bar Examiners votes to recommend the conditional admission of an applicant, the Board shall report to the Supreme Court the matters of concern, the nature, substance, and duration of the course of treatment or remediatio…

The Board of Bar Examiners shall review each conditional admission no later than the date specified in the Supreme Court's order granting conditional admission. The board shall recommend to the Supreme Court that: (1) The conditional admission be terminated, resulting in loss of …

The oath of attorney shall be administered by a justice or judge of any state appellate court or court of general jurisdiction or by a justice or judge of any federal appellate or district court. The form of the oath of attorney shall be in substance as follows: I do solemnly swe…

An applicant for admission to practice as an attorney or counselor at law in this state must be at least eighteen years of age, be a person of good moral character, and satisfy the requirements of the applicable rules. Prior to admittance an applicant must be a resident of this s…

Good moral character, required by § 16-16-2 , includes but is not limited to qualities of honesty, candor, trustworthiness, diligence, reliability, observance of fiduciary and financial responsibility, and respect for the rights of others and for the judicial process. Any fact re…

The applicant must prove by clear and convincing evidence that the applicant is of good moral character. Applicants admitted to practice as an attorney pursuant to § 16-16-17.1 have the continuing burden of proof as to good moral character and compliance with the terms and condit…

(1) The presence of any of the following may be cause for further inquiry: (a) Unlawful conduct, including cases in which the record of arrest or conviction was expunged, with the exception of juvenile arrests and dispositions unless they pertain to a serious felony; (b) Academic…

(1) In reviewing the relevant conduct identified in § 16-16-2.3 the board shall consider: (a) Applicant's age at the time of the conduct; (b) Recency of conduct; (c) Reliability of the information concerning the conduct; (d) Seriousness of the conduct; (e) Factors underlying the …

If an application for admission is denied on moral character grounds, the board shall set forth in writing its findings upon which the adverse denial is based and shall promptly notify the applicant of the denial. Source: SL 1990, ch 430 (Supreme Court Rule 89-12).

Each applicant for admission to practice as an attorney or counselor at law in this state shall submit to a criminal background investigation, by means of fingerprint checks by the Division of Criminal Investigation and the Federal Bureau of Investigation. The Board of Bar Examin…

The clerk of the Supreme Court shall maintain a permanent roll of all persons admitted to practice law. The records of his office shall show whether or not persons enrolled maintain active membership in the State Bar of South Dakota. Source: SL 1893, ch 21 , § 7; SL 1901, ch 60 ,…

The provisions of §§ 16-16-22 to 16-16-24 , inclusive, apply only to a person who: (1) Has been duly licensed to practice law in this state; (2) Has not maintained status as an active member of the State Bar of South Dakota; (3) Is of good moral character; and (4) May under bylaw…

The application for certification pursuant to § 16-16-21 and the supporting proof shall be in such form as the Supreme Court may direct. The applicant shall pay to the clerk of such court and to the secretary of the Board of Bar Examiners the same fees and charges as required of …

Except as otherwise hereinafter specifically stated, certification pursuant to § 16-16-21 shall be issued only if the applicant satisfactorily passes the examination for which provision is made in §§ 16-16-9 and

Upon issuance of certification pursuant to § 16-16-21 , the clerk of the Supreme Court shall notify the secretary of the State Bar thereof, whereupon the applicant shall be entitled to enrollment as an active member of such State Bar upon payment by him to the secretary of such S…

The Board of Bar Examiners shall consist of five members of the State Bar appointed by the Supreme Court. The court shall designate a chairman and the clerk of the Supreme Court or an officer of the court so designated shall be the ex officio secretary of the board. No member sha…

Each member of the Board of Bar Examiners and the secretary shall be reimbursed for his traveling and other necessary expenses and shall receive such compensation as the Supreme Court shall approve. Source: Supreme Court Rule 11, Order No. 1, 1957; SDC Supp 1960, § 32.1111; Supre…

The Board of Bar Examiners shall be charged with the duty of administering the requirements for admission to practice law and shall have authority to adopt rules and regulations not inconsistent with this chapter which shall become effective upon approval by the Supreme Court. So…

All applicants for admission, except those applying pursuant to §§ 16-16-7.6 , 16-16-12.1 , 16-16-12.3 , 16-16-12.4 , or chapter 16-16A shall be required to pass satisfactorily an examination conducted by the Board of Bar Examiners. An applicant for permission to take an examinat…

16-16-7

16-16-7.1 Practice of nonresident attorneys employed by legal aid bureaus or public defender agencies--Application. 16-16-7.2 Certificates and affidavits filed with application. 16-16-7.3 Order of admission--Duration. 16-16-7.4 Submission to disciplinary board jurisdiction--Revoc…

A nonresident attorney, licensed to practice law in another jurisdiction within the United States, while actually employed and associated with a bar association sponsored or governmentally funded legal aid bureau or public defender agency within South Dakota, may be admitted to p…

There shall be filed therewith: (1) A certificate of admission to the bar in such other jurisdictions where the applicant is licensed; (2) A certificate from the proper courts therein that the applicant is a member in good standing; and (3) An affidavit of the supervising attorne…

If the Supreme Court shall find that the applicant is of good moral character and otherwise qualified to practice law, the Court may make an order of admission to be effective upon the filing of the oath of attorney in the office of the clerk. The admission to practice under this…

Under § 16-16-7.1 the filing of an application requesting admission by a nonresident attorney shall constitute his or her submission to the jurisdiction of the Disciplinary Board of the State Bar. If after admission to practice in this state, the applicant engages in professional…

The admission of the nonresident attorney under § 16-16-7.3 will allow the attorney to practice in the courts or administrative agencies of this state solely in the capacity as a member of the legal aid bureau or public defender agency by whom he or she is employed. The nonreside…

An attorney licensed to practice law in another jurisdiction within the United States, while actually employed by the Unified Judicial System as its state court administrator or, while actually employed by the University of South Dakota law school as a full - time administrator o…

If the Supreme Court shall find that the applicant is of good moral character and otherwise qualified to practice law, the Court may make an order of admission to be effective upon the filing of the oath of attorney in the office of the clerk. Such admission under this section sh…

Under § 16-16-7.6 , the filing of an application requesting admission by the state court administrator or by a law school full - time administrator or faculty member shall constitute his or her submission to the jurisdiction of the disciplinary board of the state bar. If, after a…

Application for admission on examination shall be filed with the secretary of the Board of Bar Examiners at such time and in such form as the board shall prescribe. The failure of an applicant to furnish information or answer truthfully interrogatories of the board pertinent to h…

The Board of Bar Examiners shall conduct examinations at such times and places as the board shall by rule determine. Source: Supreme Court Rule 10, 1939; SDC 1939, § 32.1110; Supreme Court Rule 8, Order No. 1, 1957; SDC Supp 1960, § 32.1108; Supreme Court Rule, Order No. 2, 1963;…