Title 16, COURTS AND JUDICIARY

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…

The license referred to in § 16-16-1 shall constitute the person receiving the same an attorney and counselor at law, and shall authorize him for and during his good behavior and his maintenance of active membership in good standing in said State Bar of South Dakota to practice i…

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 16-16-10 . If, however, such court is satisfied from the proof submi…

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…

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;…

Terms used in this chapter mean: 1. Board – the South Dakota Board of Bar Examiners; 2. Law school – the University of South Dakota Knudson School of Law; 3. NCBE – the National Conference of Bar Examiners; 4. Public service – full-time employment within South Dakota with any fed…

The Supreme Court shall appoint an oversight committee to monitor the public service pathway program and suggest changes. The committee must include one member from the law school, one from the board, and one from the Supreme Court. Source: SL 2025, ch 227 ( Supreme Court Rule 25…

Each participant shall comply with the South Dakota Rules of Professional Responsibility. Failure to do so may result in denial of admission to practice law as an attorney in this state and referral to the Disciplinary Board. The board may refer a participant to the Disciplinary …

The provisions of this chapter are effective for five years from the date of the order adopting these rules. The oversight committee shall make a recommendation to the Supreme Court whether the program should continue or be amended. Source: SL 2025, ch 227 ( Supreme Court Rule 25…

The board is authorized to promulgate policies and regulations necessary to implement this program. Source: SL 2025, ch 227 ( Supreme Court Rule 25-01), eff. Feb. 21, 2025. Commission Note: This section is effective until February 21, 2030, per § 16-16A-12 .

The application for admission to practice law as an attorney in this state and all accompanying materials, including investigative reports and transcripts but not including portfolio submissions, are confidential and for the use of the board, the Supreme Court, and its staff in d…

An individual may be admitted to the public service pathway program if the student: 1. Is currently enrolled at the law school; 2. Completes an application for participation and is approved by the dean of the law school and the hiring authority of the host public service entity w…

A participant in the public service pathway program shall complete a minimum of 500 hours of work experience as a legal extern with a host public service entity approved by the dean of the law school. The host public service entity shall offer a variety of experiences and opportu…

Notwithstanding § 16-16-6 , an applicant may obtain admission to practice as an attorney in this state through the public service pathway program if the applicant: 1. Meets the requirements set forth in § 16-16-2 ; 2. Complies with the criminal background investigation as require…

On or before October 1 during the semester of placement with a host public service entity, participants seeking admission to practice as an attorney in this state through the public service pathway program shall submit to the board: 1. An application on the form provided by the b…

Upon completion of the public service pathway program and the board’s character and fitness investigation, the board shall make a recommendation regarding the participant’s admission to practice as an attorney in this state to the Supreme Court for its consideration and order. So…

Upon admission to the practice of law through the public service pathway program, a participant shall complete two years of public service. The two-year commitment must be completed within three years of the date of admission to practice as an attorney in this state. The time a p…

A participant seeking a waiver or extension of time to complete the public service requirement must submit a written request for waiver or extension to the secretary of the board as soon as practicable. Upon receiving a waiver or extension of time to complete the public service r…

Each participant shall report to the secretary of the board the participant’s place of employment until completion of the public service requirement. The participant shall file with the secretary of the board an affidavit upon a form provided by the board attesting to the complet…

Regulation 1. Each participant must prepare and submit a portfolio of work product. By May 31 of the year of placement, the board shall publish the requirements of the portfolio. Regulation 2. After each court appearance, each participant shall complete a form provided by the boa…