Title 16, COURTS AND JUDICIARY

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…

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…

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 16-19-7…

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 …

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…

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 …

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…

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…

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…

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…

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 …

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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 …

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.

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…

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…