Title 16, COURTS AND JUDICIARY

Nothing contained in this chapter denies any court powers necessary for that court to maintain control over proceedings conducted before it, including the power of contempt. Source: Supreme Court Rule 78-1, Rule I (b); SL 2016, ch 246 (Supreme Court Rule 16-09), eff. July 1, 2016…

There is hereby established a seven member board to be known as "the disciplinary board of the State Bar of South Dakota" (hereinafter referred to as the "board"). The president of the State Bar shall appoint six active members of the State Bar, and the Chief Justice shall appoin…

The President of the State Bar shall designate one attorney member as chair of the board and may designate another attorney member as vice-chair. Source: Supreme Court Rule 78-1, Rule IV (b); SL 2016, ch 246 (Supreme Court Rule 16-11 ), eff. July 1, 2016.

The board shall meet at least quarterly at times fixed by the chair. The board may meet by the use of audio or visual medium. Four members shall constitute a quorum. The board shall act only with the concurrence of four or more members. Source: Supreme Court Rule 78-1, Rule IV (c…

Attorney members of the board shall receive no compensation for their services but may be reimbursed for their travel and other expenses incidental to the performance of their duties. The lay member shall receive compensation at the rate of one hundred dollars per day in addition…

Board members shall refrain from taking part in any proceeding in which a judge, similarly situated, would be required to abstain. In the event of recusal of attorney members of the board, the president of the State Bar shall appoint active members of the State Bar, preferably me…

The board shall exercise the powers and perform the duties conferred and imposed upon it by rule of the Supreme Court, including the power and duty: (1) To consider and investigate any alleged ground for discipline or alleged medical condition of any attorney called to its attent…

Complaints submitted to the board or testimony with respect thereto shall be absolutely privileged and no civil action predicated thereon may be instituted. Members of the board, the board's counsel, board staff and any personnel or legal counsel appointed by the board shall be i…

A license to practice law in this state is a privilege and a continuing proclamation by the Supreme Court that a licensed attorney is an officer of the Court, is fit to be entrusted with legal and judicial matters, and is able to aid in the administration of justice. It is the du…

An act or omission by an attorney, individually or in concert with others, which violates the attorney's oath of office, the laws governing attorney conduct, or the Rules of Professional Conduct, or other disciplinary rules adopted by the Supreme Court, is misconduct and is groun…

The following shall similarly constitute misconduct and shall be grounds for discipline: (1) Conviction of a crime as set forth in § 16-19-36 ; (2) Disobedience to, or violation of an order of the court requiring the attorney to act or refrain from acting in a particular manner; …

An attorney who is guilty of deceit or collusion, or consents thereto, with intent to deceive a court or judge, or party to an action or proceeding, is subject to discipline, and shall forfeit to the injured party treble damages to be recovered in a civil action. Source: PolC 187…

Discipline for misconduct may be imposed as follows: (1) Disbarment by the Supreme Court; (2) Suspension by the Supreme Court for a specific period not to exceed three years; (3) Placement on a probationary status by the Supreme Court for such period and with such conditions as t…

The board may petition the Supreme Court to temporarily suspend an attorney from the practice of law or to impose restrictions or conditions on the attorney's practice pending full investigation, where the attorney poses a risk or danger to clients, clients' property, or the publ…

Any attorney and the clerk of any court in this state in which an attorney is convicted of a crime, except those misdemeanor traffic offenses or traffic ordinance violations not involving the use of alcohol or drugs, shall within ten days of said conviction transmit a certified j…

If any attorney has been convicted of a serious crime, the Supreme Court may enter an order immediately suspending the attorney from engaging in the practice of law, pending final disposition of a disciplinary proceeding to be commenced upon such conviction. The term "serious cri…

An attorney suspended under the provisions of § 16-19-37 will be reinstated immediately upon the filing of a certified document demonstrating that the underlying conviction of a serious crime has been reversed. The reinstatement will not terminate any disciplinary proceeding then…

Upon the receipt of notice of conviction of an attorney for a serious crime, the Supreme Court shall also refer the matter to the board for the institution of a formal proceeding in which the sole issue to be determined shall be the extent of the final discipline to be imposed. A…

An investigation of an attorney's conduct as possible grounds for discipline may be initiated by: (1) The Supreme Court; (2) The board; (3) The Attorney General; or (4) An individual. Source: SL 1901, ch 60 , § 9; RPolC 1903, § 693; SL 1911, ch 85 , §§ 1, 2; RC 1919, § 5274; Supr…

If the investigation of an attorney's conduct is initiated by the Supreme Court the matter shall be referred to the board for an investigation and report as provided in this chapter. Source: SL 1911, ch 85 , § 1; RC 1919, § 5274; Supreme Court Rule 21, 1939; SDC 1939 & Supp 1960,…

If the investigation of an attorney's conduct is initiated by the attorney general, the attorney general shall file a written complaint with the Supreme Court. The Supreme Court shall refer the matter to the board for an investigation and report pursuant to §§ 16-19-45 to 16-19-6…

If the investigation of an attorney's conduct is initiated by the board, it may proceed to conduct an investigation pursuant to §§ 16-19-50 to 16-19-64 , inclusive. Source: Supreme Court Rule 23, 1939; SDC 1939 & Supp 1960, § 32.1215; SDCL § 16-19-8; Supreme Court Rule 78-1, Rule…

(A) An individual may initiate an investigation of an attorney's conduct by filing a written and signed complaint with the board secretary in such form as the board may prescribe. The complaint must allege facts. Conclusions, opinions, and suppositions shall not be considered. (1…

When an investigation of an attorney's conduct has been referred to the board for investigation, the board shall proceed to make a thorough investigation as provided in this chapter and file a report and recommendation with the Supreme Court. Source: SL 1911, ch 85 , § 3; SL 1917…

Failure of a complainant to sign a complaint or to prosecute a charge, or the settlement or compromise between the complainant and the attorney, shall not justify abatement of the processing of any complaint. Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 2; SDCL Supp, 16-19 Appx.…

Processing of complaints shall not be deferred or abated because of substantial similarity to the material allegations of pending criminal or civil litigation, unless authorized by the board in its discretion. Source: Supreme Court Rule 78-1, Rule VIII.

If, during the course of a disciplinary investigation or proceeding, the attorney claims to be unable to assist in the attorney's defense to a disciplinary complaint because of a medical condition, the Supreme Court shall enter an order immediately transferring the attorney to me…

If the Supreme Court determines that an attorney described by § 16-19-48 is able to assist in the attorney's defense to a disciplinary complaint, it shall take such action as it deems necessary including a direction for the resumption of the disciplinary proceeding against the at…

Except in matters dismissed in accordance with paragraph 16-19-44(A)(1), no disposition shall be undertaken by the board or recommendation made by the attorney general until the attorney shall have been afforded a reasonable opportunity to state the attorney's position with respe…

Investigations by the board or by the attorney general shall be conducted as provided by §§ 16-19-52 to 16-19-62 , inclusive. Source: Supreme Court Rule 78-1, Rule V (a); SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.

In an investigation by the board or by the Attorney General, notification shall be given to the attorney that a complaint has been made and the nature of the allegations of misconduct. Source: Supreme Court Rule 78-1, Rule V (a) (1); SL 2016, ch 246 (Supreme Court Rule 16-34), ef…

An investigation by the board or by the attorney general may entail inquiries by mail, consultation with the attorney, taking sworn statements or depositions, and investigation by the board's counsel or the attorney general's staff. Source: Supreme Court Rule 78-1, Rule V (a) (2)…

Every attorney shall promptly and appropriately respond to any complaint, letter, or inquiry provided by any member of the board. In the event of failure to respond an attorney is subject to private reprimand by the board, or, after hearing on recommendation of the board, to disc…

A member of the board, its counsel or the attorney general may issue a subpoena requiring any witness to attend at any place within the state and requiring such witness to produce pertinent books, papers, and documents, including client files and records of client funds, and may …

A certified judgment of conviction of an attorney for any crime shall be conclusive evidence of the commission of that crime in any disciplinary proceeding based upon the conviction. Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 5 (c); SDCL Supp, 16-19 Appx.; Supreme Court Rule 7…

If the board determines after an investigation that the complaint is not meritorious, it shall dismiss the complaint and notify the complainant, the attorney, and such other persons as the board may deem appropriate. If the attorney general determines after an investigation that …

If it is determined after an investigation by the board that the complaint is meritorious, but that formal disciplinary proceedings are not warranted, the board and the attorney may agree in writing to hold the proceedings in abeyance for an appropriate period, provided the attor…

If it is determined after an investigation and hearing that the complaint is meritorious and a private reprimand is warranted, a written report of the findings and proposed action shall be prepared and sent by certified mail to the attorney by the board. Source: Supreme Court Rul…

The attorney shall have twenty days in which to agree or object to the findings and proposed action and demand that formal proceedings be initiated in lieu of a private reprimand. Silence shall be deemed to be an agreement with the findings and proposed action. After twenty days …

Formal disciplinary proceedings shall be conducted pursuant to §§ 16-19-67 to 16-19-70.4 , inclusive. Source: Supreme Court Rule 78-1, Rule V (a) (8).

An attorney who is the subject of an investigation into or a pending proceeding involving allegations of misconduct, may consent to disbarment, but only by delivering to the board an affidavit to be prepared by the board in the following form: IN THE SUPREME COURT OF THE STATE OF…

Upon receipt of an affidavit required by § 16-19-65 , the board shall file it with the Supreme Court, and the Court shall enter an order disbarring the attorney on consent. The order disbarring the attorney on consent shall be a matter of public record. However, the affidavit req…

Formal disciplinary proceedings shall be conducted as follows: (1) After investigation as provided in this chapter, the investigating agency may file with the Supreme Court findings of fact, conclusions of law or conclusions pertaining to violations of applicable Rules of Profess…

At any hearing before the Supreme Court, the attorney shall appear in person unless the attorney's presence is excused by the Court. Source: SL 2006, ch 336 (Supreme Court Rule 06-62), eff. July 1, 2006; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.

(a) State Bar of South Dakota. Costs and expenses incurred by the board in the investigation or prosecution of any disciplinary or reinstatement proceeding under this chapter shall be paid by the State Bar, provided, however, that the expenses of a disciplinary proceeding may, in…

Expenses incurred by the board, the attorney general, or the Unified Judicial System that were not covered by advance deposit and that have not been previously paid by the attorney who is the subject of a disciplinary or reinstatement proceeding, may be assessed by the Supreme Co…