Title 16 — COURTS AND JUDICIARY

No attorney who has appeared of record in any civil or criminal proceeding shall be permitted to withdraw in any pending action except by order of the court after notice to all parties concerned. Source: Supreme Court Rule 80-9.

An attorney and counselor at law may temporarily withdraw and transport to the attorney's office at the attorney's expense, for purposes of inspection or copying, any file which is open to public inspection in the offices of the clerks of court. Any such file shall be returned if…

16-18-34 Definition of legal assistant. 16-18-34.1 Minimum qualifications. 16-18-34.2 Utilization of legal assistants. 16-18-34.3 Ethical considerations. 16-18-34.4 Certain individuals disqualified. 16-18-34.5 Application by disqualified persons--Requirements--Hearing--Burden of …

Legal assistants (also known as paralegals) are a distinguishable group of persons who assist licensed attorneys in the delivery of legal services. Through formal education, training, and experience, legal assistants have knowledge and expertise regarding the legal system, substa…

Any person employed by a licensed attorney as a legal assistant must meet the minimum qualifications of: (1) Successful completion of the Certified Legal Assistant (CLA) examination of the National Association of Legal Assistants, Inc.; or (2) Graduation from an ABA approved prog…

Utilization of legal assistants by licensed attorneys is subject to the following rules: (1) An attorney may permit a legal assistant to assist in all aspects of the attorney's representation of a client, provided that: (a) The status of the legal assistant is disclosed at the ou…

The proper use of assistants who are not licensed attorneys significantly increases the ability of attorneys to provide quality professional services to the public at reasonable cost. An attorney cannot, however, delegate his or her ethical proscriptions by claiming that the viol…

The following persons shall not serve as a legal assistant in the State of South Dakota except upon application to and approval of the Supreme Court: (1) Any person convicted of a felony; (2) Any person disbarred or suspended from the practice of law in any jurisdiction; (3) Any …

The application by a person disqualified under § 16-18-34.4 must establish the applicant's good moral character, competency, education, training, or experience in the legal system, substantive and procedural law, and the Rules of Professional Conduct, and the ability to comply wi…

The order granting approval for a disqualified person to act as a legal assistant may be revoked by the Supreme Court upon violation of the conditions set by the court, violation of the requirements of §§ 16-18-34 to 16-18-34.5 , inclusive, or the termination of employment with t…

Any recommendation for disbarment or suspension made by the Disciplinary Board or the referee under § 16-19-67 shall contain a recommendation as to the restrictions or conditions of employment and supervision of the accused attorney as a legal assistant. Source: Supreme Court Rul…

The Chief Justice of the South Dakota Supreme Court may waive any requirement of § 16-18-2 and admit any attorney licensed in the another jurisdiction within the United States, for a period not to exceed one year, for the limited purpose of defending any defendant charged in a co…

Any contract, power of attorney, or other instrument authorizing, directing, or empowering, or attempting to authorize, direct, or empower any person whose license to practice law in the State of South Dakota has been revoked, to institute or attempt to institute any legal procee…

Any person whose license to practice law has been revoked or suspended, who solicits or accepts any power of attorney or other instrument authorizing, directing, or empowering, or attempting to authorize, direct, or empower him to institute or attempt to institute any legal proce…

Any licensed attorney at law who accepts employment from, or assists, or agrees to assist any person whose license to practice law has been revoked or suspended, in any proceedings instituted or attempted to be instituted in any of the courts of this state, by such person by virt…

An attorney and counselor at law has power to execute in the name of his client a bond or other written instrument necessary and proper for the prosecution of an action or proceeding about to be or already commenced; or for the prosecution or defense of any right growing out of a…

The board shall, unless otherwise ordered by the Supreme Court, retain its files and records of any attorney who has been disbarred, suspended, placed on probationary status, placed on medical inactive status pursuant to § 16-19-89 or 16-19-92 , publicly censured, or who has been…

The Supreme Court declares that it has inherent power to supervise the conduct of attorneys who are its officers. Source: Supreme Court Rule 78-1, Preamble.

Any attorney admitted to practice law in this state and any attorney specially admitted by a court of this state for a particular proceeding is subject to the inherent disciplinary jurisdiction of the Supreme Court and the board established by §

The Supreme Court has the sole power to disbar and strike from the roster any attorney. The Supreme Court also has the power to suspend any attorney from the practice for such time not to exceed three years, to publicly censure an attorney, and to impose probation or conditions a…

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…

The record shall remain confidential absent a written waiver by the attorney or an order of the Supreme Court. All participants in the proceeding shall conduct themselves so as to maintain the confidentiality of the proceeding. Any violation by any person of the requirement of co…

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.