Title 16 — COURTS AND JUDICIARY
31 chapters · 570 sections in this title.
SDCL § 16-19-70.3 Proof of costs and expenses required
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An assessment for costs and expenses against an attorney requires the following proof: (a) State Bar of South Dakota. A sworn statement of unreimbursed allowable costs filed with the clerk of the Supreme Court by the State Bar prior to issuance of a final judgment. (b) Attorney G…
SDCL § 16-19-70.4 Judgment for costs against attorney
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When judgment is rendered against the attorney or whenever judgment for reinstatement of an attorney is entered, said attorney may, at the discretion of the Supreme Court, be directed to make appropriate reimbursement of costs and expenses as provided in §§ 16-19-70.1 and
SDCL § 16-19-71 Advice to Supreme Court of discipline in another jurisdiction--Copy of order filed--Conclusive evidence of misconduct
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All attorneys subjected to professional discipline in another jurisdiction, shall promptly inform the clerk of the Supreme Court and the board of such action. Upon being so informed, the clerk of the Supreme Court shall obtain a certified copy of such disciplinary order and file …
SDCL § 16-19-72 Notice to attorney of disciplinary order from other jurisdiction
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Upon receipt of a certified copy of an order demonstrating that an attorney admitted to practice in this state has been disciplined in another jurisdiction, the Supreme Court shall issue a notice directed to the attorney and a copy to the board containing: (1) A copy of the order…
SDCL § 16-19-74 Imposition of identical reciprocal discipline--Grounds for other disposition
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The Supreme Court shall impose the identical discipline imposed in another jurisdiction unless the board or the attorney demonstrates and the Supreme Court finds that on the record upon which the discipline is predicated, it clearly appears: (1) That the procedure was so lacking …
SDCL § 16-19-75 Newspaper publication of suspension or disbarment
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The clerk of the Supreme Court shall cause a notice of every suspension or disbarment to be published in a newspaper of general circulation in the judicial circuit or circuits in which the disciplined attorney maintained an office for the practice of law. Source: Supreme Court Ru…
SDCL § 16-19-76 Notice to courts of suspension or disbarment--Order for protection of clients
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The clerk of the Supreme Court shall promptly transmit a certified copy of every order of suspension or disbarment to all judges in this state, and the presiding judge of each judicial circuit shall make such further order deemed necessary to fully protect the rights of the clien…
SDCL § 16-19-77 Effective date of suspension or disbarment--New matters not to be accepted--Winding up of pending business
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Unless the Supreme Court shall otherwise order, orders imposing suspension or disbarment shall be effective thirty days after entry. The disbarred or suspended attorney, after entry of the order, shall not accept any new retainer or engage as an attorney for another in any new ca…
SDCL § 16-19-78 Notice to office clients of disbarment or suspension
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A disbarred or suspended attorney shall promptly notify, or cause to be notified, by certified mail, return receipt requested, all clients being represented in pending matters, other than litigation or administrative proceedings, of the attorney's disbarment or suspension and con…
SDCL § 16-19-79 Notice to opposing counsel and clients involved in litigation or administrative proceedings--Leave of court or agency to withdraw
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A disbarred or suspended attorney shall promptly notify, or cause to be notified, by certified mail, return receipt requested, each client who is involved in pending litigation or administrative proceedings, and each attorney for an adverse party in such cases, of the disbarment …
SDCL § 16-19-80 Affidavit of compliance filed by disbarred or suspended attorney
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Within ten days after the effective date of disbarment or suspension the disbarred or suspended attorney shall file with the Supreme Court an affidavit showing: (1) That the attorney has fully complied with the provisions of the order and with this chapter; and (2) That the attor…
SDCL § 16-19-81 Record of compliance maintained by disbarred or suspended attorney--Condition precedent to reinstatement
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A disbarred or suspended attorney shall keep and maintain records of the various steps taken under this chapter so that, in any subsequent proceeding, proof of compliance with this chapter and with the disbarment or suspension order will be available. Proof of compliance with thi…
SDCL § 16-19-82 Noncompliance by attorney as contempt
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The failure of an attorney, including an attorney who has been disbarred or suspended, to comply fully and promptly with any of the provisions of this chapter or with any order or judgment entered in disciplinary proceedings, shall constitute contempt and shall be punishable as s…
SDCL § 16-19-83 Reinstatement order required before resumption of practice--Time of application--Waiting period after denial of reinstatement
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No attorney suspended for more than three months or disbarred may resume practice until reinstated by order of the Supreme Court. An attorney who has been disbarred may not apply for reinstatement until the expiration of at least five years from the effective date of the disbarme…
SDCL § 16-19-84 Petition and hearing on reinstatement--Advance cost deposit--Burden of proof
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A petition for reinstatement by a disbarred or suspended attorney under § 16-19-87 may be filed with the board secretary. The petition shall be accompanied by a deposit in an amount to be set by the board to cover prior proceedings and anticipated expenses of the reinstatement pr…
SDCL § 16-19-85 Participation by board counsel in hearing on reinstatement--Appearance by and examination of petitioner
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In all proceedings before the board upon a petition for reinstatement, cross-examination of the witnesses and of the petitioner, and the submission of evidence, if any, in opposition to the petition shall be conducted by the board's counsel. Board members may inquire of the witne…
SDCL § 16-19-86 Board findings and recommendation on reinstatement--Placement on Supreme Court calendar
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After conducting a hearing on reinstatement, the board shall promptly file a report with the Supreme Court containing its findings and recommendations, together with the record. The Supreme Court shall then place the petition on the calendar for argument. Source: Supreme Court Ru…
SDCL § 16-19-87 Dismissal of petition or order of reinstatement--Conditions imposed on petitioner
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If the Supreme Court finds the petitioner for reinstatement unfit to resume the practice of law, the petition shall be dismissed. If the Supreme Court finds the petitioner fit to resume the practice of law, the Supreme Court shall enter a judgment of reinstatement. The judgment m…
SDCL § 16-19-88 Transfer to medical inactive status of attorney subject to certain judicial determinations or orders
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Where there is a determination by a court in any state that an attorney is a protected person as that term is defined in § 29A-5-102 or is the subject of a court order directing commitment to or inpatient treatment in a healthcare or treatment facility for a medical condition, th…
SDCL § 16-19-89 Petition by board for determination of attorney's competency to practice law--Directions for investigation
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The disciplinary board may petition the Supreme Court to suspend an attorney from the practice of law pending final hearing and disposition by the Supreme Court, upon good cause shown that the attorney's ability to competently practice law is adversely affected by a medical condi…
SDCL § 16-19-90 Notice to attorney of medical inactive status proceedings--Representation of attorney
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The Supreme Court shall provide for such notice to the attorney of proceedings in the matter as it deems necessary and may appoint an attorney to represent the attorney if the attorney is without adequate representation. Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 6 (b); SDCL S…
SDCL § 16-19-91 Burden of proof in medical inactive status and reinstatement proceedings
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In a proceeding seeking a transfer of an attorney to medical inactive status under § 16-19-92 , the burden of proof shall rest with the board. In a proceeding seeking an order of reinstatement to active status under § 16-19-98 , the burden of proof shall rest with the attorney. I…
SDCL § 16-19-92 Order transferring attorney to medical inactive status--Pending disciplinary proceedings
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If, upon due consideration of the matter, the Supreme Court concludes that the attorney is not competent to continue to practice law because of a medical condition as defined by subdivision 16-19-29(1), it shall enter an order transferring the attorney to medical inactive status …
SDCL § 16-19-93 Reinstatement order required before attorney on medical inactive status resumes practice
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No attorney transferred to medical inactive status under the provisions of § 16-19-88 or 16-19-92 may resume active status until reinstated by order of the Supreme Court. Source: Supreme Court Rule 78-1, Rule XV (d); SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
SDCL § 16-19-94 Petition for reinstatement by attorney on medical inactive status
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Any attorney transferred to medical inactive status under the provisions of § 16-19-88 or 16-19-92 shall be entitled to petition for reinstatement to active status once a year or at such shorter intervals as the Supreme Court may direct in the order transferring the attorney to m…
SDCL § 16-19-95 Reinstatement of attorney to active status
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Where an attorney has been transferred to medical inactive status by an order in accordance with the provisions of § 16-19-88 and thereafter, the attorney has shown that the attorney's ability to competently practice law is no longer adversely affected by the medical condition gi…
SDCL § 16-19-96 Waiver of physician-patient privilege by petition for reinstatement of attorney--Disclosure of names by petitioner
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The filing of a petition for reinstatement to active status by an attorney transferred to medical inactive status because of a medical condition that adversely affected the attorney's competency to practice law shall be deemed to constitute a waiver of any doctor-patient privileg…
SDCL § 16-19-97 Examination of petitioner for reinstatement--Expense of examination--Additional proof of competence to practice law
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Upon application for reinstatement by an attorney on medical inactive status, the Supreme Court may take or direct such action as it deems necessary to determine whether the attorney's medical condition no longer affects the attorney's ability to competently practice law, includi…
SDCL § 16-19-98 Order of reinstatement to active status from medical inactive status
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A petition for reinstatement of an attorney on medical inactive status shall be granted by the Supreme Court upon a showing by clear and convincing evidence that the attorney is competent to resume the practice of law. An attorney who has been placed on medical inactive status ma…
Attorney discipline--Proceedings confidential--Violation as contempt--Exceptions
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All proceedings involving allegations of misconduct by an attorney or the attorney's competency to practice law because of a medical condition as defined by § 16-19-48 shall be kept confidential until: (a) A formal complaint asking for disciplinary action is filed with the Suprem…