S.D. Codified Laws § 16-20-3 — SD Code / Title 16 / Chapter 20 / Section 16-20-3
16-20-3. Conditions
Status: in_force

(a) There shall be no audio or video recording or broadcast in cases or proceedings not accessible to the public.

(b) Audio or video recording or broadcast of judicial proceedings shall be limited to proceedings conducted within the courtroom and shall not extend to activities or events substantially related to the judicial proceedings that occur in other areas of the courthouse.

(c) There shall be no audio or video recording or broadcast of jurors at any time during any judicial proceeding, including voir dire.

(d) During or preceding a jury trial, there shall be no audio or video recording or broadcast of hearings that take place outside the presence of the jury unless the court and parties consent to coverage of such hearings. Such hearings include, but are not limited to, hearings to determine the admissibility of evidence and hearings to determine various motions such as motions to suppress evidence, for judgment of acquittal, in limine, and to dismiss.

(e) There shall be no audio or video recording or broadcast of in-chambers conferences.

(f) There shall be no audio or video recording or broadcast of conferences between the attorneys and their clients or co-counsel, or of sidebar conferences between the attorneys and the court.

(g) There shall be no audio or video recording or broadcast within or from the courtroom during recesses or any other time the trial judge is not present and presiding.

(h) There shall be no focusing on and photographing of materials on counsel or clerk tables or the judicial bench.

(i) The courtroom shall not be used to conduct interviews before or after the judicial proceedings.

(j) No media film, videotape, still photograph or audio reproduction of a judicial proceeding shall be admissible as evidence in any subsequent or collateral proceeding, including any retrial or appeal thereof, except by order of the court.

(k) The quantity and type of equipment permitted in the courtroom shall be subject to the discretion of the court within the guidelines set out in these rules.

(l) Notwithstanding the provisions of these rules, the court, upon written application, may permit the use of equipment or techniques at variance with these rules, provided the application for variance is made at least three days prior to the scheduled judicial proceeding. Variances may be allowed by the court without advance application or notice if all counsel and parties consent.

(m) It shall be the responsibility of the media to settle disputes among media representatives, facilitate pooling where necessary, and implement procedures that meet the approval of the court prior to any coverage and without disruption to the court. The media coordinator will coordinate media coverage and act as liaison between the media and the court.

(n) The court reserves the right to obtain, for historical purposes, a copy of any audio recordings, visual tape or film recordings or published photographs made of its proceedings. The media coordinator will be responsible for providing the court with this duplicate copy.

(o) All expenses incurred in expanded media coverage of the judicial proceedings, including duplication of materials to provide to the court, shall be the responsibility of the news media.

(p) Expanded media coverage or audio media coverage may be provided only by persons or organizations that are part of the news media.

(q) Under all circumstances, the court retains the discretion to exclude or terminate electronic coverage or broadcast of its proceedings. This discretion is not to be exercised in an effort to edit the proceedings, but where deemed necessary in the interests of justice or where these rules have been violated. This rule does not otherwise limit or restrict the first amendment rights of the news media to cover and report judicial proceedings.

(r) The court shall retain ultimate control of the application of these rules over the broadcasting, recording or photographing of its proceedings. Any decision made by the court under these rules is final and not subject to appeal, except as provided in § 16-20-7 .

(s) These rules are designed primarily to provide guidance to media and courtroom participants and are subject to modification by the court at any time.

(t) Failure to comply with the court's rules or orders regarding coverage and broadcast is punishable by sanction or contempt proceedings pursuant to South Dakota law.

Source: SL 2011, ch 233 (Supreme Court Rule 10-09), eff. July 1, 2011.
S.D. Codified Laws § 16-18-19 — SD Code / Title 16 / Chapter 18 / Section 16-18-19
Attorney's duty to use truthful means
Status: in_force

It is the duty of an attorney and counselor at law to employ, for the purpose of maintaining the causes confided to him, such means only as are consistent with truth, and never to seek to mislead the judges by any artifice or false statement of fact or law.

Source: PolC 1877, ch 18, § 4, subdiv 3; CL 1887, § 465, subdiv 3; RPolC 1903, § 697, subdiv 3; RC 1919, § 5262 (3); Supreme Court Rule 13, 1939; SDC 1939 & Supp 1960, § 32.1201 (3).
S.D. Codified Laws § 16-19-64 — SD Code / Title 16 / Chapter 19 / Section 16-19-64
Provisions governing formal disciplinary proceedings
Status: in_force

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).
S.D. Codified Laws § 16-16-19 — SD Code / Title 16 / Chapter 16 / Section 16-16-19
Rights and privileges conferred by license to practice law
Status: in_force

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 in all the courts of this state and to demand and receive compensation for any services he may render as an attorney and counselor at law in this state.

Source: SL 1893, ch 21, § 1; SL 1901, ch 60, § 1; RPolC 1903, § 685; RC 1919, § 5253; Supreme Court Rule 1, 1939; SDC 1939 & Supp. 1960, § 32.1101.
S.D. Codified Laws § 16-16-7.8 — SD Code / Title 16 / Chapter 16 / Section 16-16-7.8
Submission to disciplinary board jurisdiction--Revocation of admission or referral to board for misconduct--Venue
Status: in_force

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 admission to practice in this state, the applicant engages in professional misconduct as that term is defined by the rules governing the state bar of South Dakota, the Supreme Court may revoke his or her admission to practice. In addition, the matter may be referred to the disciplinary board of the state bar or other proper authority as is deemed necessary and desirable. Clay County shall be considered the county of the full - time administrator or faculty member's residence for the purpose of determining venue in any disciplinary action taken against him or her. Hughes County shall be considered the county of the state court administrator's residence for the purpose of determining venue in any disciplinary action taken against him or her.

Source: Supreme Court Rule 85-13; Supreme Court Rule 97-48.
S.D. Codified Laws § 16-17A-2 — SD Code / Title 16 / Chapter 17A / Section 16-17A-2
Immunity for assistance--Exclusions
Status: in_force

A person is immune from liability for any damages to any person or property caused by the person's acts or omissions in assisting or offering to assist a lawyer or judge who is impaired or suspected of being impaired in obtaining medical or therapeutic treatment for the impairment or other related support services. This section does not apply to any:

(1) Health care provider or counselor who receives compensation or anything of value, including payments from an insurance policy or federal or state health care program, for providing treatment or other services to a lawyer or judge who is impaired or suspected of being impaired; or

(2) Damages caused by willful or criminal misconduct, gross negligence, or reckless misconduct.

Source: SL 2021, ch 88, § 2.
S.D. Codified Laws § 16-18-1 — SD Code / Title 16 / Chapter 18 / Section 16-18-1
License and bar membership required to practice law--Injunction to restrain violations
Status: in_force

Excepting as provided by § 16-18-2 , no person shall engage in any manner in the practice of law in the State of South Dakota unless such person be duly licensed as an attorney at law, and be an active member of the State Bar in good standing. Any person engaging in any manner in the practice of law in violation of this section may be restrained by permanent injunction in any court of competent jurisdiction, at the suit of the attorney general or any citizen of the state.

Source: SL 1931, ch 84, § 11; SDC 1939, § 32.1121; SL 1945, ch 143; SL 1959, ch 229.
S.D. Codified Laws § 16-16-2.5 — SD Code / Title 16 / Chapter 16 / Section 16-16-2.5
Adverse recommendation
Status: in_force

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).
S.D. Codified Laws § 16-3-14 — SD Code / Title 16 / Chapter 3 / Section 16-3-14
Suspension, extension, or other relief from deadlines, time schedules, or filing requirements
Status: in_force

An order declaring a judicial emergency may suspend, toll, extend, or otherwise grant relief from deadlines, time schedules, or filing requirements imposed by otherwise applicable statutes, rules, or court orders, whether in civil cases, criminal cases, administrative matters or any other legal proceedings as determined necessary. The days covered by a judicial emergency order are deemed a holiday for time computation under the rules of civil procedure.

Source: SL 2007, ch 132, § 4.
S.D. Codified Laws § 16-19-66 — SD Code / Title 16 / Chapter 19 / Section 16-19-66
Disbarment by consent--Public disclosure of order
Status: in_force

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 required under the provisions of § 16-19-65 shall not be publicly disclosed or made available for use in any other proceeding except upon order of the Supreme Court. The clerk of the Supreme Court shall redact the portions of the affidavit which may identify the complainant or other persons whose privacy interests have not been waived or otherwise made public before public disclosure.

Source: Supreme Court Rule 78-1, Rule XI (b), (c); Supreme Court Rule 97-31; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-22-9 — SD Code / Title 16 / Chapter 22 / Section 16-22-9
Promulgation of HOPE probation program rules
Status: in_force

The Supreme Court shall establish rules pursuant to § 16-3-1 for the programs consistent with the following components, modeled after the national HOPE court initiative:

(1) Involvement and commitment of criminal justice officials including judges, state's attorneys, defense attorneys, law enforcement, court services officers, and treatment providers;

(2) Eligibility criteria focused on offenders with a high risk to reoffend, without consideration of the current offense;

(3) Judicial involvement in setting and communicating to the probationer program expectations and consequences for noncompliance;

(4) Frequent, effective, and randomized drug and or alcohol testing;

(5) Swift, certain, and proportional sanctions for noncompliance with program conditions;

(6) Swift and certain warrant service for absconding; and

(7) Compilation, evaluation, and publicly reported program results.

Source: SL 2013, ch 101, § 10, eff. Jan. 1, 2014; SL 2016, ch 113, § 2.
S.D. Codified Laws § 16-22-6.1 — SD Code / Title 16 / Chapter 22 / Section 16-22-6.1
Drug court sanctions
Status: in_force

For any person admitted to a drug court, as defined in § 16-22-3 , a sanction may include the imposition of jail time and this sanction may be imposed irrespective of § 23A-27-18.1 . However, any jail term shall be credited toward any incarceration imposed upon a subsequent revocation of a suspended execution of sentence. The Supreme Court shall promulgate rules, pursuant to chapter 16-3 , defining the best practices for drug court sanctions.

Source: SL 2015, ch 119, § 1.
S.D. Codified Laws § 16-22-26 — SD Code / Title 16 / Chapter 22 / Section 16-22-26
Request for proposals
Status: in_force

The Unified Judicial System shall initiate a request for proposal and publicize the availability of the grant funding and any procedures for obtaining grants pursuant to § 16-22-25 .

Source: SL 2015, ch 120, § 2, eff. Mar. 19, 2015.
S.D. Codified Laws § 16-19-32 — SD Code / Title 16 / Chapter 19 / Section 16-19-32
Violations by attorneys as grounds for discipline
Status: in_force

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 grounds for discipline, whether or not the act or omission occurred in the course of an attorney-client relationship.

Source: Supreme Court Rule 78-1, Rule II (b); SL 1989, ch 30, § 51; SL 2016, ch 246 (Supreme Court Rule 16-17 ), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-16-17.5 — SD Code / Title 16 / Chapter 16 / Section 16-16-17.5
Review of conditional admission
Status: in_force

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 license; or

(2) That the conditional admission be modified and/or extended; or

(3) That full admission be granted.

The Supreme Court may accept or reject the recommendation.

Source: SL 2014, ch 268 (Supreme Court Rule 14-09), eff. July 1, 2014.
S.D. Codified Laws § 16-16-12.1 — SD Code / Title 16 / Chapter 16 / Section 16-16-12.1
Admission without examination--Eligibility by practice
Status: in_force

An applicant may be eligible for admission without examination if the applicant:

(a) Meets the requirements of § 16-16-2 ;

(b) Furnishes satisfactory evidence of graduation from a law school accredited by the American Bar Association, and;

(c) Provides documentary evidence showing that for three (3) of the last five (5) years immediately preceding the application for admission without examination, the applicant, as principal occupation, has been actively, continuously, and lawfully engaged in the practice of law, in a state or states that allow South Dakota attorneys substantially similar admission without examination, as:

(1) A sole practitioner;

(2) A member of a law firm, professional corporation or association;

(3) A judge in a court of record;

(4) An attorney for any local or state governmental entity;

(5) Inside counsel for a corporation, agency, association or trust department; and/or,

(6) An attorney with the federal government or a federal governmental agency including service as a member of the Judge Advocate General Department of one of the military branches of the United States.

Source: SL 2004, ch 324 (Supreme Court Rule 03-23), eff. Jan. 1, 2004; SL 2015, ch 272 (Supreme Court Rule 15-10 ), eff. July 1, 2015; SL 2019, ch 230 (Supreme Court Rule 19-09), eff. Feb. 25, 2019.
S.D. Codified Laws § 16-19-30 — SD Code / Title 16 / Chapter 19 / Section 16-19-30
Complaints and testimony privileged--Board and staff immune from suit
Status: in_force

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 immune from suit for any conduct in the course of their official duties.

Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 1; SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule VI; SL 1994, ch 408; SL 2016, ch 246 (Supreme Court Rule 16-15 ), eff. July 1, 2016.
S.D. Codified Laws § 16-18-20 — SD Code / Title 16 / Chapter 18 / Section 16-18-20
Attorney's power to receive money for client--Unauthorized discharge of claim prohibited
Status: in_force

An attorney and counselor at law has power to receive money claimed by his client in an action or proceeding during the pendency thereof or afterwards unless he has been previously discharged by his client, and upon payment thereof, and not otherwise to discharge the claim or acknowledge satisfaction of the judgment.

Source: PolC 1877, ch 18, § 6, subdiv 3; CL 1887, § 467, subdiv 3; RPolC 1903, § 699, subdiv 3; RC 1919, § 5263 (3); Supreme Court Rule 14, 1939; SDC 1939 & Supp 1960, § 32.1202 (3).
S.D. Codified Laws § 16-17-7 — SD Code / Title 16 / Chapter 17 / Section 16-17-7
Bylaws and rules adopted by bar--Approval by Supreme Court
Status: in_force

The State Bar shall have the power at any annual or regularly called special meeting to adopt such bylaws and rules not inconsistent with the laws of this state, as may be deemed necessary for its government, which bylaws and rules shall become effective upon approval by the Supreme Court.

Source: SL 1931, ch 84, § 7; SDC 1939 & Supp 1960, § 32.1116.
S.D. Codified Laws § 16-1A-3 — SD Code / Title 16 / Chapter 1A / Section 16-1A-3
Termination of commission membership on departure from qualifying position--Removal of members--Vacancies
Status: in_force

Commission membership terminates if a member ceases to hold the position that qualified him for appointment. Members of the commission may be removed for cause by the appointing power. A vacancy shall be filled by the appointing power for a term of four years.

Source: SL 1973, ch 136, § 4; SL 1978, ch 148, § 2.
S.D. Codified Laws § 16-12B-11 — SD Code / Title 16 / Chapter 12B / Section 16-12B-11
Jurisdiction--Trial of minor criminal cases
Status: in_force

A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to try and determine all cases of misdemeanor and actions or proceedings for violation of any ordinance, bylaw, or other police regulation of a political subdivision.

Source: SL 2003, ch 117, § 20.
S.D. Codified Laws § 16-16-10 — SD Code / Title 16 / Chapter 16 / Section 16-16-10
Subjects covered by examination--Public notice
Status: in_force

The subjects upon which applicants shall be examined shall be such as the Board of Bar Examiners deems necessary to prepare properly for the practice of law in this state, including the subjects of legal ethics and Indian Law. The board shall make public such subjects, giving full and ample public notice of any change or addition thereto and written notice to the dean of the law school, University of South Dakota.

Source: SL 1901, ch 60, § 2; RPolC 1903, § 686; SL 1903, ch 78; SL 1907, ch 72; RC 1919, § 5254; Supreme Court Rule 6, 1939; SDC 1939, § 32.1106; Supreme Court Rule 8, Order No. 1, 1957; SDC Supp 1960, § 32.1108; Supreme Court Rule, Order No. 2, 1963; Supreme Court Order No. 1, 1969; SL 2014, ch 265 (Supreme Court Rule 14-06), eff. July 1, 2014.
S.D. Codified Laws § 16-6-9 — SD Code / Title 16 / Chapter 6 / Section 16-6-9
Original civil jurisdiction of circuit court
Status: in_force

The circuit court has original jurisdiction as follows:

(1) In all actions or proceedings in chancery;

(2) In all actions at law and in equity;

(3) In all cases where the title or boundary to real property comes in question;

(4) In all actions for divorce or annulment of marriage;

(5) In all matters of probate, guardianship, conservatorship, and settlement of estates of deceased persons;

(6) Proceedings relating to minors under chapters 26-7A , 26-8A , 26-8B , and 26-8C ;

(7) In all other cases now or hereafter provided by law granting jurisdiction to the circuit court, and as heretofore granted to district county, municipal, justice of the peace, and police magistrate courts.

Source: CCivP 1877, § 28; CL 1887, § 4825; RCCivP 1903, § 30; RC 1919, § 2114; SDC 1939 & Supp 1960, § 32.0904; SL 1973, ch 130, § 2; SL 1993, ch 213, § 94.
S.D. Codified Laws § 16-19-60 — SD Code / Title 16 / Chapter 19 / Section 16-19-60
Conditions imposed on attorney on finding of meritorious complaint--Dismissal on compliance
Status: in_force

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 attorney complies with specified reasonable conditions throughout the period. If it is determined that a medical condition as defined in subdivision 16-19-29(1) is relevant to such complaint, the specified reasonable conditions shall include board access to the attorney's healthcare and medical records relevant to the medical condition. Upon satisfactory compliance, the board may thereafter dismiss the proceedings and notify the complainant and such other persons as the board deems appropriate. If, after an investigation, the attorney general finds such action warranted, the attorney general shall report the attorney general's findings to the Supreme Court and recommend that such action be taken by the board.

Source: Supreme Court Rule 78-1, Rule V (a) (4); SL 2016, ch 246 (Supreme Court Rule 16-41), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-2-47.1 — SD Code / Title 16 / Chapter 2 / Section 16-2-47.1
Written notice by clerk of counterfeit documents
Status: in_force

If a clerk of courts has reason to believe that a document or instrument previously filed is counterfeit pursuant to § 22-11-29 , the clerk of courts shall provide written notice of the filing of the document or instrument to the stated or last known address of the person named in the document, instrument, or judgment.

Source: SL 1998, ch 41, § 3.
S.D. Codified Laws § 16-23-1 — SD Code / Title 16 / Chapter 23 / Section 16-23-1
Attorney recruitment assistance program established
Status: in_force

The Unified Judicial System may establish a program to assist rural counties and municipalities in recruiting attorneys.

Source: SL 2013, ch 102, § 1; SL 2017, ch 93, § 1.
S.D. Codified Laws § 16-18-21 — SD Code / Title 16 / Chapter 18 / Section 16-18-21
Attorney's lien on proceeds of action
Status: in_force

An attorney and counselor at law has a lien for a general balance of compensation in and for each case upon:

(1) Any paper belonging to his client which has come into his hands in the course of his professional employment in the case for which the lien is claimed;

(2) Money in his hands belonging to his client in the case;

(3) Money due his client in the hands of the adverse party or attorney of such party, in an action or proceeding in which the attorney claiming the lien was employed, from the time of giving notice in writing to such adverse party or attorney of such party, if the money is in the possession or under the control of such attorney, which notice shall state the amount claimed and in general terms for what services; after judgment in any court of record such notice may be given and the lien made effective against the judgment debtor by entering it in the judgment docket.

Source: PolC 1877, ch 18, § 9; CL 1887, § 470; RPolC 1903, § 702; RC 1919, § 5266; SDC 1939 & Supp 1960, § 32.1205; SL 1983, ch 157, § 3.
S.D. Codified Laws § 16-6-7 — SD Code / Title 16 / Chapter 6 / Section 16-6-7
Courtroom facilities for circuit judges provided by counties
Status: in_force

The board of county commissioners in every county in this state may provide the circuit judge of the judicial circuit of which such county forms a part with suitable and sufficient courtroom facilities and equip the same to conduct the business of the court at a place other than the county seat of such county.

Source: SL 1923, ch 143; SDC 1939, § 32.0405; SL 1957, ch 169; SL 1963, ch 218; SL 1975, ch 162, § 16; SL 2022, ch 53, § 1.
S.D. Codified Laws § 16-2-30 — SD Code / Title 16 / Chapter 2 / Section 16-2-30
Clerk to forward fees and costs monthly to county treasurer
Status: in_force

The clerk of courts shall forward all fees and costs on a monthly basis to the county treasurer for deposit in the county general fund.

Source: SL 1889, ch 60, § 1; RPolC 1903, § 953; RC 1919, § 6020; SDC 1939, § 12.1404; SDCL, § 16-10-6 ; SL 1982, ch 170, § 2.
S.D. Codified Laws § 16-13-31.1 — SD Code / Title 16 / Chapter 13 / Section 16-13-31.1
Preservation of jury selection records--Public inspection
Status: in_force

All records, lists, papers, tickets, and other materials used in all stages of the jury selection process shall be preserved in the custody of the clerk of courts for four years or for such longer period as may be required by the court and shall, upon court order, be available for inspection for the purpose of determining the validity of the selection of any jury.

Source: SL 1972, ch 125, § 20; SL 2009, ch 277 (Supreme Court Rule 08-07), eff. Nov. 1, 2008.
S.D. Codified Laws § 16-18-25 — SD Code / Title 16 / Chapter 18 / Section 16-18-25
Security given by attorney for payment to client
Status: in_force

An attorney is not in any case liable under § 16-18-23 , provided he gives sufficient security that he will pay over the whole or any portion thereof to the claimant, when he is found entitled thereto.

Source: PolC 1877, ch 18, § 19; CL 1887, § 480; RPolC 1903, § 707; RC 1919, § 5270; SDC 1939, § 13.1257.
S.D. Codified Laws § 16-12B-12 — SD Code / Title 16 / Chapter 12B / Section 16-12B-12
Jurisdiction--Small claim proceedings
Status: in_force

A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to try and determine all small claim proceedings.

Source: SL 2003, ch 117, § 21.
S.D. Codified Laws § 16-6-17 — SD Code / Title 16 / Chapter 6 / Section 16-6-17
Issues of fact tried in proper county--Order at chambers any place within state
Status: in_force

Issues of fact in any civil or criminal action in the circuit court shall be tried in the county in which the action is brought, or to which the place of trial is changed by order of the court upon the consent of the parties to such action or their attorneys, or upon the grounds now or hereafter provided by law. Nothing in this section or § 16-6-16 prevents the judge of any circuit court from making any order at chambers at any place within the state in any matter properly before the judge.

Source: SL 1887, ch 81, § 1; CL 1887, § 4828; RCCivP 1903, § 33; RC 1919, § 2117; SDC 1939 & Supp 1960, § 33.0801; SL 2007, ch 133, § 1.
S.D. Codified Laws § 16-13-18.1 — SD Code / Title 16 / Chapter 13 / Section 16-13-18.1
Random selection process defined
Status: in_force

For the purposes of this chapter, the jury selection process determined by § 16-13-9.2 shall be known as the "random selection process."

Source: SL 1973, ch 135, § 8.
S.D. Codified Laws § 16-14-5 — SD Code / Title 16 / Chapter 14 / Section 16-14-5
Agenda for conference meetings--Reports by judges
Status: in_force

The Chief Justice shall prepare the agenda for each annual or special meeting of the Judicial Conference. Any judge of a court of record shall, when so requested by the Chief Justice, prepare in writing a report on the condition of the business of such court and any problem or situation properly within the purview and ambit of the conference.

Source: SL 1964, ch 109, § 3.
S.D. Codified Laws § 16-16-13 — SD Code / Title 16 / Chapter 16 / Section 16-16-13
Fees payable with application for admission--Disposition of fees
Status: in_force

An applicant for an admission on examination shall pay a fee of four hundred fifty dollars. An applicant for admission without examination shall pay a fee of six hundred fifty dollars. An applicant shall also pay the National Conference of Bar Examiners the applicable fee for preparation of an initial or supplemental character report. If an applicant fails to appear for the examination, the fee paid shall be applied to one of the next two scheduled combined Multistate Essay Examinations, which include an Indian Law question and Multistate Performance Test, and/or Multistate Bar Examinations. The applicant shall inform the Secretary in writing as to which of the next two scheduled examinations the fee should be applied. The fees thus paid to the Secretary shall be retained in a special fund and shall be paid out by the state court administrator when authorized by the Secretary for the compensation and necessary expenses of the Board of Bar Examiners.

Source: SDC 1939, § 32.1112; Supreme Court Rule 11, Order No. 1, 1957; SDC Supp 1960, § 32.1111; Supreme Court Rule 75-7; Supreme Court Rule 76-5; Supreme Court Rule 81-8; Supreme Court Rule 82-26; Supreme Court Rule 83-10; Supreme Court Rule 84-14; SL 1991, ch 439 (Supreme Court Rule 91-5); SL 1998, ch 314; SL 1999, ch 281; SL 2003, ch 265 (Supreme Court Rule 03-6), eff. July 1, 2003; SL 2004, ch 323 (Supreme Court Rule 03-22), eff. Jan. 1, 2004; SL 2014, ch 267 (Supreme Court Rule 14-08), eff. July 1, 2014; SL 2019, ch 231 (Supreme Court Rule 19-10), eff. Feb. 25, 2019; SL 2024, ch 238 (Supreme Court Rule 23-17), eff. Sept. 1, 2023.
S.D. Codified Laws § 16-19-78 — SD Code / Title 16 / Chapter 19 / Section 16-19-78
Notice to office clients of disbarment or suspension
Status: in_force

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 consequent inability to act as an attorney after the effective date of the disbarment or suspension. The notice shall advise such clients to seek legal advice of the client's own choice elsewhere.

Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 8 (a); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XIII (a); SL 2016, ch 246 (Supreme Court Rule 16-56), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-14-1 — SD Code / Title 16 / Chapter 14 / Section 16-14-1
Conference established--Composition
Status: in_force

A conference for the improvement of the administration of justice is hereby established to be known as the Judicial Conference of the State of South Dakota composed of the justices of the Supreme Court, judges of the circuit court, and magistrate judges as members.

Source: SL 1964, ch 109, § 1; SL 1998, ch 118, § 1.
S.D. Codified Laws § 16-6-10 — SD Code / Title 16 / Chapter 6 / Section 16-6-10
Appellate jurisdiction of circuit court
Status: in_force

The circuit court has jurisdiction of appeals from all final judgments, decrees, or orders of all courts of limited jurisdiction, inferior officers, or tribunals, in the cases prescribed by statute.

Source: CCivP 1877, § 29; CL 1887, § 4826; RCCivP 1903, § 31; RC 1919, § 2115; SDC 1939 & Supp 1960, § 32.0905; SL 1973, ch 130, § 3.
S.D. Codified Laws § 16-13-47.1 — SD Code / Title 16 / Chapter 13 / Section 16-13-47.1
Weekly payment of jurors
Status: in_force

Any juror having compensation or mileage or both due and owing him may receive payment for it at the end of every week.

Source: SL 1974, ch 157, § 5.
S.D. Codified Laws § 16-2-60 — SD Code / Title 16 / Chapter 2 / Section 16-2-60
Residential alternative care program grant--Maximum amount
Status: in_force

There is hereby established the alternative care program to be administered by the Unified Judicial System. The Unified Judicial System shall award grants to nonprofit entities within the State of South Dakota that provide indigent adults with extended residential alternative care programs designed to reduce the risk of recidivism. The grants shall be awarded for room and board costs for South Dakota residents of the program with a maximum award of fifty dollars per day per resident. Any grant award shall be distributed in quarterly installments.

Source: SL 2016, ch 111, § 1, eff. Mar. 9, 2016; SL 2023, ch 64, § 1.
S.D. Codified Laws § 16-13-10.4 — SD Code / Title 16 / Chapter 13 / Section 16-13-10.4
Breastfeeding mothers and new parents exempt from jury duty
Status: in_force

The parent of a child expected to be born during, or immediately prior to, the scheduled jury duty or a mother breastfeeding a baby younger than one year may submit a written request for an exemption from jury duty to the clerk of court within ten days of receiving the summons for jury duty. A parent who gives written notice shall be exempt from jury duty if the baby is less than six weeks old. A mother shall be exempt from jury duty if she is breastfeeding a baby younger than one year.

Source: SL 2012, ch 114, § 1.
S.D. Codified Laws § 16-21A-3 — SD Code / Title 16 / Chapter 21A / Section 16-21A-3
Filing formats
Status: in_force

Approved formats for documents filed electronically are WordPerfect (.wpd), Word (.doc or .docx), Tagged Image File (.tif) and text searchable Portable Document File (.pdf).

Source: SL 2014, ch 254 (Supreme Court Rule 13-12 ), eff. July 1, 2014.
S.D. Codified Laws § 16-2-43 — SD Code / Title 16 / Chapter 2 / Section 16-2-43
Collection and transmittal to state treasurer--Deposit in funds
Status: in_force

The clerk of courts shall collect all amounts due under §§ 16-2-29.5 , 16-2-39 , and 16-2-41 and transmit such amounts monthly to the state treasurer who shall place such amounts received into the Unified Judicial System court automation fund. For any search performed after June 30, 2015, the state treasurer shall place five dollars of the twenty dollar fee collected pursuant to § 16-2-29.5 into the law enforcement officers' training fund.

Source: SL 1990, ch 151, § 6; SL 2015, ch 115, § 2.
S.D. Codified Laws § 16-2-39 — SD Code / Title 16 / Chapter 2 / Section 16-2-39
Court automation surcharge--Amount in civil action--Collection
Status: in_force

In each civil action, proceeding for judicial remedy, and probate proceeding, the clerk of courts shall collect the sum of forty dollars as a unified judicial system court automation surcharge. The forty-dollar surcharge does not apply to a small claims action. In each small claims action, the clerk of courts shall collect as a unified judicial system court automation surcharge the sum of twelve dollars if the amount in controversy is less than four thousand dollars and sixteen dollars if the amount in controversy is four thousand dollars or more. The surcharge shall be collected from the plaintiff or person instituting the action or proceeding at the time of filing the first paper. The surcharge shall be collected by the clerk in the manner in which other fees are collected. However, no surcharge may be collected for any petition or motion to modify final orders for child support, child custody, child visitation, or spousal support or in any civil action or proceeding for judicial remedy commenced by the state, a county, a municipality, or a school district.

Source: SL 1990, ch 151, § 2; SL 1991, ch 170, § 1; SL 1999, ch 104, § 1; SL 2004, ch 141, § 1; SL 2009, ch 102, § 2; SL 2010, ch 107, § 1, eff. Feb. 25, 2010.
S.D. Codified Laws § 16-12C-6 — SD Code / Title 16 / Chapter 12C / Section 16-12C-6
Authority to administer oaths, etc
Status: in_force

A clerk magistrate appointed pursuant to this chapter has authority to administer oaths, take acknowledgments, and depositions.

Source: SL 2003, ch 117, § 33.
S.D. Codified Laws § 16-19-68.1 — SD Code / Title 16 / Chapter 19 / Section 16-19-68.1
Attorney to appear before Supreme Court
Status: in_force

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.
S.D. Codified Laws § 16-14-4 — SD Code / Title 16 / Chapter 14 / Section 16-14-4
Annual and special meetings of conference--Training on evidence-based practices
Status: in_force

The Chief Justice of the Supreme Court of South Dakota shall annually summon all the members of the Judicial Conference to attend a conference at such time and place in the state as the Chief Justice may designate and at which the Chief Justice, or such member as the Chief Justice may designate, shall preside. Special sessions of the conference may be called by the Chief Justice at the times and places as the Chief Justice may designate. All persons so summoned shall attend the annual and special meetings.

Each magistrate and circuit judge shall complete training on evidence-based practices, including the use of validated risk and needs assessments and behavioral health assessments in decision making, mental illness, eligibility criteria for mental health services, and availability of mental health services. The form and length of this training requirement shall be determined by the Chief Justice. As used in this section, the term, behavioral health assessment, means an evaluation to determine the extent of an individual's substance abuse or mental health service needs.

Source: SL 1964, ch 109, § 1; SL 2013, ch 101, § 20, eff. Oct. 1, 2013; SL 2017, ch 109, § 30.
S.D. Codified Laws § 16-6-15 — SD Code / Title 16 / Chapter 6 / Section 16-6-15
Circuit court writs in exercise of powers
Status: in_force

The circuit court has the power to issue writs of habeas corpus, mandamus, quo warranto, certiorari, and all other writs necessary to carry into effect its judgments, decrees, and orders, and to give to it a general control over inferior courts, officers, boards, tribunals, corporations, and persons.

Source: CCivP 1877, § 29; CL 1887, § 4826; RCCivP 1903, § 31; RC 1919, § 2115; SDC 1939 & Supp 1960, § 32.0903.
S.D. Codified Laws § 16-13-47 — SD Code / Title 16 / Chapter 13 / Section 16-13-47
Jurors' expenses and fees in cases on violation of municipal laws
Status: in_force

Jurors' expenses and fees for cases involving violations of municipal charter, ordinance, or bylaw shall be paid by the city treasurer at the close of the trial upon warrants issued by the city auditor.

Source: SL 1907, ch 191, § 24; SL 1909, ch 176, § 8; SL 1911, ch 196, § 7; SL 1913, ch 278, § 6; RC 1919, § 5306; SL 1919, ch 181; SDC 1939, § 32.1021; SL 1947, ch 150; SL 1949, ch 124; SL 1955, ch 127; SL 1967, ch 141; SL 1974, ch 157, § 2; SL 1975, ch 162, § 13.
S.D. Codified Laws § 16-19-29 — SD Code / Title 16 / Chapter 19 / Section 16-19-29
Powers and duties of disciplinary board generally
Status: in_force

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 attention, or upon its own motion, and to take such action appropriate to effectuate the purposes of this chapter. As used in this chapter, "medical condition" is any condition that deprives an attorney of the ability to act in compliance with the Rules of Professional Conduct and any other standards required of practicing attorneys.

(2) To appoint a board secretary, board counsel, deputy board counsel, and such personnel as may from time to time be required to assist in the performance of the functions and duties of the board.

(3) To hold informal conferences.

(4) To privately reprimand attorneys for misconduct.

(5) To maintain permanent records of all matters processed and the disposition thereof.

(6) To prosecute all disciplinary proceedings before the Supreme Court.

(7) To prosecute all proceedings before the Supreme Court to determine the medical condition of attorneys as set forth in §§ 16-19-88 to 16-19-91 , inclusive.

(8) To hear applications for approval and complaints for revocation of approval of disqualified persons to act as legal assistants under subdivisions 16-18-34.4 (2) to (4), inclusive.

(9) To adopt internal rules of procedure not inconsistent with this chapter and to file the same with the clerk of the Supreme Court.

Jurisdiction for complaints against members of the judiciary for conduct that occurred prior to becoming a member of the judiciary shall be vested with the Judicial Qualifications Commission.

Source: Supreme Court Rule 78-1, Rule IV (g); Supreme Court Rule 97-26; SL 2009, ch 282 (Supreme Court Rule 09-03), eff. July 1, 2009; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-13-28 — SD Code / Title 16 / Chapter 13 / Section 16-13-28
Disregard and replacement of jurors who have served
Status: in_force

If any person whose name has been drawn has served as a juror in any state court of record in the county since the verification and drawing of the master jury list, such name shall be disregarded and another drawn in its place. A person has served as a juror if he has been summoned and appeared for a trial.

Source: SL 1937, ch 91; SDC 1939 & Supp 1960, § 32.1011; SL 1982, ch 172, § 20; SL 1992, ch 153, § 16.
S.D. Codified Laws § 16-2-41 — SD Code / Title 16 / Chapter 2 / Section 16-2-41
Court automation surcharge for certain criminal actions
Status: in_force

In each criminal action, in addition to any other liquidated costs, penalty, assessment, or fine provided by law, there shall be levied a unified judicial system court automation surcharge according to the following schedule:

(1) Violation of county or municipal ordinances or administrative rules having criminal penalties, seventeen dollars and fifty cents;

(2) Violation of state statute classified as a Class 2 misdemeanor, twenty-three dollars and fifty cents;

(3) Violation of a state statute classified as a Class 1 misdemeanor, forty-one dollars and fifty cents;

(4) Violation of a state statute classified as a felony, sixty-one dollars and fifty cents.

Source: SL 1990, ch 151, § 4; SL 1991, ch 170, § 2; SL 1991, ch 172; SL 1999, ch 104, § 2; SL 2004, ch 141, § 2; SL 2010, ch 107, § 2, eff. Feb. 25, 2010.
S.D. Codified Laws § 16-2-59 — SD Code / Title 16 / Chapter 2 / Section 16-2-59
Collection of surcharge--Equal access to our courts fund
Status: in_force

The clerk of courts shall collect all amounts due under §§ 16-2-58 to 16-2-58.2 , inclusive, and transmit the amounts monthly to the state treasurer who shall place the amounts received into the equal access to our courts fund.

Source: SL 2009, ch 102, § 5; SL 2017, ch 91, § 4.
S.D. Codified Laws § 16-13-43 — SD Code / Title 16 / Chapter 13 / Section 16-13-43
Summons of additional jurors when panel exhausted by challenges
Status: in_force

Whenever the panel of petit jurors shall be exhausted by the challenges of either party in any action, the judge of the court shall order the sheriff, deputy sheriff, or coroner to summon, without delay, a sufficient number of persons possessing the qualifications of jurors to complete the number requisite for a jury in that particular case.

Source: SL 1867-8, ch 19, § 12; PolC 1877, ch 19, § 13; CL 1887, § 445C; RPolC 1903, § 722; RC 1919, § 5298; SDC 1939 & Supp 1960, § 32.1019.
S.D. Codified Laws § 16-19-27 — SD Code / Title 16 / Chapter 19 / Section 16-19-27
Compensation of members of the board
Status: in_force

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 to travel and other expenses incidental to the performance of his or her duties.

Source: Supreme Court Rule 78-1, Rule IV (e); SL 2016, ch 246 (Supreme Court Rule 16-13 ), eff. July 1, 2016.
S.D. Codified Laws § 16-16-2 — SD Code / Title 16 / Chapter 16 / Section 16-16-2
Qualifications of applicants to practice law
Status: in_force

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 state; or maintain an office in this state; or designate the clerk of the Supreme Court as his or her agent for the service of process for all purposes.

Source: SDC 1939, § 32.1104; Supreme Court Rule August 10, 1943; Supreme Court Rule 4, Order No. 1, 1957; SL 1972, ch 154, § 5; Supreme Court Rule 82-8; SL 1996, ch 314.
S.D. Codified Laws § 16-16-7.5 — SD Code / Title 16 / Chapter 16 / Section 16-16-7.5
Extent of practice--Compensation
Status: in_force

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 nonresident attorney shall not receive compensation from the person on whose behalf he or she renders services, but this shall not prevent the legal aid bureau or public defender agency from paying compensation to the attorney nor shall it prevent any agency from making such charges for its services as it may otherwise properly require.

Source: Supreme Court Rule 76-6.
S.D. Codified Laws § 16-2-29.1 — SD Code / Title 16 / Chapter 2 / Section 16-2-29.1
Fees of Supreme Court clerk--No fee in certain cases
Status: in_force

The clerk of the Supreme Court shall charge the following fees and shall collect them in advance:

(1) For each action or proceeding originally commenced in or brought to the Supreme Court by appeal, to be advanced by the party commencing or bringing such action or proceeding, fifty dollars;

(2) For each certificate of admission to practice as an attorney and counselor at law, ten dollars;

(3) For each copy of any opinion, record or paper from an active file in the clerk's custody, fifty cents per page, provided, however, that the minimum charge shall be two dollars;

(4) For each copy of any opinion, record or paper from an inactive file in the clerk's custody, fifty cents per page, provided, however, that the minimum charge shall be five dollars;

(5) For facsimile or electronic mail transmission of any opinion, record or paper from an active or inactive file in the clerk's custody, one dollar per page, provided, however, that the minimum charge shall be five dollars.

Source: SDC 1939 & Supp 1960, §§ 32.0203, 33.0708; SL 1963, ch 225; SDCL §§ 15-26-7 , 16-2-10; SL 1975, ch 161, § 1; Supreme Court Rule 85-2; SL 1991, ch 438 (Supreme Court Rule 91-4); SL 2000, ch 262 (Supreme Court Rule 00-8); SL 2011, ch 108, § 2.
S.D. Codified Laws § 16-16A-5 — SD Code / Title 16 / Chapter 16A / Section 16-16A-5
Participant admission to practice--Application
Status: in_force

1. An application on the form provided by the board;

2. An application fee prescribed by the Supreme Court;

3. A photograph taken within six months of the date of application;

4. A current law school transcript;

5. Completed South Dakota Division of Criminal Investigation and United States Federal Bureau of Investigation fingerprint cards;

6. The required fingerprinting fee; and

7. A copy of the request for preparation of a character report and accompanying submissions to the NCBE with proof of payment of the fee prescribed by the NCBE.

Source: SL 2025, ch 227 ( Supreme Court Rule 25-01), eff. Feb. 21, 2025.
S.D. Codified Laws § 16-23-2.2 — SD Code / Title 16 / Chapter 23 / Section 16-23-2.2
Municipality eligibility to participate
Status: in_force

A municipality is eligible to participate in the recruitment assistance program if the municipality:

(1) Has a population of three thousand five hundred persons or less;

(2) Agrees to provide the municipality's portion of the incentive payment pursuant to the provisions of this chapter; and

(3) Is determined to be eligible by the Unified Judicial System.

Source: SL 2017, ch 93, § 4.
S.D. Codified Laws § 16-22-21 — SD Code / Title 16 / Chapter 22 / Section 16-22-21
Oversight council responsible for monitoring and reporting performance and outcome measures
Status: in_force

There is hereby established an oversight council responsible for monitoring and reporting performance and outcome measures related to the provisions set forth in this chapter. The Unified Judicial System shall provide staff support for the council.

Source: SL 2013, ch 101, § 67.
S.D. Codified Laws § 16-18-34.2 — SD Code / Title 16 / Chapter 18 / Section 16-18-34.2
Utilization of legal assistants
Status: in_force

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 outset of any professional relationship with a client, other attorneys, courts or administrative agencies, or members of the general public;

(b) The attorney establishes the attorney - client relationship, is available to the client, and maintains control of all client matters;

(c) The attorney reviews the legal assistant's work product and supervises performance of the duties assigned;

(d) The attorney remains responsible for the services performed by the legal assistant to the same extent as though such services had been furnished entirely by the attorney and such actions were those of the attorney;

(e) The services performed by the legal assistant supplement, merge with and become part of the attorney's work product;

(f) The services performed by the legal assistant do not require the exercise of unsupervised legal judgment; this provision does not prohibit a legal assistant appearing and representing a client at an administrative hearing provided that the agency or board having jurisdiction does not have a rule forbidding persons other than licensed attorneys to do so and providing that the other rules pertaining to the utilization of legal assistants are met; and

(g) The attorney instructs the legal assistant concerning standards of client confidentiality.

A legal assistant may not establish the attorney - client relationship, set legal fees, give legal advice or represent a client in court; nor encourage, engage in, or contribute to any act which would constitute the unauthorized practice of law.

(2) A legal assistant may author and sign correspondence on the attorney's letterhead, provided the legal assistant's status is indicated and the correspondence does not contain legal opinions or give legal advice.

(3) An attorney may identify a legal assistant by name and title on the attorney's letterhead and on business cards identifying the attorney's firm.

Source: Supreme Court Rule 97-25.
S.D. Codified Laws § 16-20-7 — SD Code / Title 16 / Chapter 20 / Section 16-20-7
Appellate review
Status: in_force

Appellate review of a judge's order to deny, terminate, suspend, limit, or exclude expanded media coverage or audio media coverage must be in accordance with the South Dakota Rules of Appellate Procedure.

There will be no stay of a judicial proceeding pending an appeal or other request for relief from a judge's order denying, limiting, suspending, or terminating media coverage. If a judicial proceeding has ended before completion of an appeal or other request for relief, the Supreme Court may nonetheless issue a ruling for future guidance on similar issues.

Source: SL 2011, ch 233 (Supreme Court Rule 10-09), eff. July 1, 2011.
S.D. Codified Laws § 16-1-2 — SD Code / Title 16 / Chapter 1 / Section 16-1-2
Number of justices--Term of office--Retention elections
Status: in_force

The Supreme Court shall consist of five justices.

The term of office of the justices of the Supreme Court shall be eight years. At the next general election following the expiration of three years from the date of his appointment, and every eighth year thereafter, each Supreme Court justice shall be subject to approval or rejection by the electorate in a statewide retention election.

Supreme Court justices in office on November 4, 1980, who were elected from each of the fourth and fifth districts shall be subject to a first retention election in 1984; and Supreme Court justices in office on November 4, 1980, who were elected from the first, second, and third districts shall be subject to a first retention election in 1986.

Source: SD Const, art 5, §§ 5, 6, 8; SL 1909, ch 109, §§ 6, 7; RC 1919, §§ 5126, 5128; SDC 1939 & Supp 1960, § 32.0102; SL 1974, ch 154, § 2; SL 1981, ch 164, § 2; SL 1982, ch 169.
S.D. Codified Laws § 16-5-16 — SD Code / Title 16 / Chapter 5 / Section 16-5-16
Special emergency term of court when immediate trial demanded by extraordinary circumstances--Summons of jury
Status: in_force

In any case where, because of any extraordinary circumstances, the interests of justice demand an immediate trial, the court may, upon its own motion, call and hold a special term of court, and summon a jury when necessary, in the county where such action is pending, and hear, try, and determine such action and render judgment therein without delay.

Source: SDC 1939 & Supp 1960, § 33.1106.
S.D. Codified Laws § 16-3-9 — SD Code / Title 16 / Chapter 3 / Section 16-3-9
Supreme Court rules governing attorneys
Status: in_force

The Supreme Court shall also have power to make all necessary rules for the admission, disbarment, discipline, and reinstatement of attorneys at law to practice the profession of law in this state.

Source: SDC 1939 & Supp 1960, § 32.0902.
S.D. Codified Laws § 16-22-13 — SD Code / Title 16 / Chapter 22 / Section 16-22-13
Promulgation of rules regarding graduated sanctions program
Status: in_force

The Supreme Court shall establish rules pursuant to § 16-3-1 to develop a graduated sanctions procedure and grid to guide court services officers in determining the appropriate response to a violation of conditions of probation. The graduated sanctions program shall use short jail stays as the most severe sanction within the grid, shall collect data related to the use of sanctions and their outcomes, and shall include a process for reviewing sanctions that are challenged by the probationer. The rules shall vest statewide oversight of graduated sanctions procedure, use, and data collection with the State Court Administrator's Office.

The system of graduated sanctions shall be created with the following objectives:

(1) Responding to violations of probation quickly, consistently and proportionally, based on the nature of the violation and the risk level of the probationer;

(2) Reducing the time and resources expended by the court to respond to violations; and

(3) Reducing the commission of new crimes and revocation rates.

Source: SL 2013, ch 101, § 16, eff. Oct. 1, 2013.
S.D. Codified Laws § 16-4-1 — SD Code / Title 16 / Chapter 4 / Section 16-4-1
Contract for publication of opinions--Payment
Status: in_force

The Supreme Court of the State of South Dakota is hereby vested with full and complete authority to arrange and contract for timely publication of its opinions from time to time, as may be required, which contract shall be paid for from moneys appropriated for this purpose.

Source: SL 1893, ch 156, §§ 3 to 6, 9, 10, 14; SL 1899, ch 122, §§ 1, 3; RPolC 1903, §§ 634 to 637, 640, 641, 645; SL 1905, ch 167; SL 1907, ch 235; SL 1917, ch 342; RC 1919, §§ 5147 to 5150, 5153 to 5155, 5159; SL 1931, ch 250, §§ 1 to 3; SDC 1939, §§ 32.0302 to 32.0308; SL 1953, ch 192; SDCL, §§ 16-4-3 to 16-4-13; SL 1975, ch 163, § 1.
S.D. Codified Laws § 16-15-3 — SD Code / Title 16 / Chapter 15 / Section 16-15-3
Disorderly behavior in presence of referee as misdemeanor
Status: in_force

Every person guilty of any contempt of court by behavior of like character to that described in § 16-15-2 , committed in the presence of any referee or referees, while actually sitting for the trial of a cause, or upon any inquest or other proceeding authorized by law, is guilty of a Class 2 misdemeanor.

Source: PenC 1877, § 202, subdiv 2; CL 1887, § 6402, subdiv 2; RPenC 1903, § 205, subdiv 2; RC 1919, § 3793 (2); SDC 1939, § 13.1235 (2); SL 1979, ch 150, § 7.
S.D. Codified Laws § 16-6-1 — SD Code / Title 16 / Chapter 6 / Section 16-6-1
Number of judges in judicial circuits
Status: in_force

The number of circuit judges of each of the judicial circuits established by § 16-5-1.2 is as follows:

(1) First Circuit: Six circuit judges;

(2) Second Circuit: Fourteen circuit judges;

(3) Third Circuit: Six circuit judges;

(4) Fourth Circuit: Four circuit judges;

(5) Fifth Circuit: Four circuit judges;

(6) Sixth Circuit: Four circuit judges;

(7) Seventh Circuit: Eight circuit judges.

Source: SDC 1939 & Supp 1960, § 32.0402; SL 1966, ch 114, § 2; SDCL § 16-6-2; SL 1972, ch 119; SDCL Supp, § 16-6-2.1; Supreme Court Rule, No. 6, 1972; Supreme Court Order, Sept. 12, 1973, Par. II; Supreme Court Order, June 20, 1975; Supreme Court Rule 76-7; Supreme Court Rule 83-6; Supreme Court Rule 88-1; SL 1989, ch 454; Supreme Court Rule 97-24; SL 2000, ch 265 (Supreme Court Order, Aug. 10, 1999); ch 266 (Supreme Court Order, March 16, 2000); SL 2003, ch 271 (Supreme Court Order, April 24, 2002); SL 2007, ch 300 (Supreme Court Rule 06-68), eff. Oct. 3, 2006; SL 2010, ch 250 (Supreme Court Rule 09-06), eff. May 27, 2009; SL 2015, ch 116, § 1; SL 2020, ch 244 (Supreme Court Rule 19-14), eff. May 1, 2019; SL 2024, ch 243 (Supreme Court Rule 24-04), eff. Apr. 25, 2024; SL 2024, ch 242 (Supreme Court Rule 24-04), eff. Apr. 25, 2024.
S.D. Codified Laws § 16-23-11 — SD Code / Title 16 / Chapter 23 / Section 16-23-11
Payments from State Bar of South Dakota
Status: in_force

In order to fully fund the incentive payment, the Unified Judicial System is specially authorized to receive from the State Bar of South Dakota fifteen percent of the total amount of an incentive payment authorized pursuant to this chapter in five equal annual installments and place the funds in the Unified Judicial System other fund fiduciary fund.

Source: SL 2013, ch 102, § 14.
S.D. Codified Laws § 16-12C-10 — SD Code / Title 16 / Chapter 12C / Section 16-12C-10
Jurisdiction--Bonds and personal recognizance
Status: in_force

A magistrate court with a clerk magistrate presiding has concurrent jurisdiction with the circuit courts to fix bond or take personal recognizance of persons charged with an offense in accordance with the schedule adopted pursuant to subdivision 16-2-21(8).

Source: SL 2003, ch 117, § 37.
S.D. Codified Laws § 16-17-2 — SD Code / Title 16 / Chapter 17 / Section 16-17-2
Purposes of State Bar
Status: in_force

The aims and objects of the State Bar shall continue to be to obtain the cooperation of all the practicing lawyers in the state in the better administration of justice, and in maintaining a high standard of professional conduct at the bar, to furnish a legal entity through which the considered judgment of its members on matters affecting the judicial system of the state may be ascertained and made available to the courts and the Legislature, to uphold the honor of the profession of the law, to encourage adequate preparation for its practice, and to promote cordial intercourse among the members of the South Dakota Bar.

Source: SL 1931, ch 84, § 3; SDC 1939 & Supp 1960, § 32.1113.
S.D. Codified Laws § 16-16-17.3 — SD Code / Title 16 / Chapter 16 / Section 16-16-17.3
Limited circumstances under which conditional admission may be considered
Status: in_force

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 bar, possess the requisite good moral character and fitness for admission, and be engaged in a sustained and effective course of treatment for or remediation of one of the following:

(a) Substance abuse or dependence;

(b) A diagnosed mental or physical impairment that, should it reoccur, would likely impair the applicant's ability to practice law or pose a threat to the public; or

(c) Neglect of financial affairs.

Conditional admission may be employed only when an applicant has been engaged in a sustained and effective course of treatment or remediation for a period of time sufficient to demonstrate his or her commitment and progress.

Source: SL 2012, ch 260 (Supreme Court Rule 12-06), eff. July 1, 2012.
S.D. Codified Laws § 16-19-77 — SD Code / Title 16 / Chapter 19 / Section 16-19-77
Effective date of suspension or disbarment--New matters not to be accepted--Winding up of pending business
Status: in_force

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 case or legal matter of any nature. However, during the period from the entry date of the order and its effective date the attorney may wind up and complete on behalf of any client, all matters which were pending on the entry date.

Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 8 (c); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XIII (c); SL 2016, ch 246 (Supreme Court Rule 16-55), eff. July 1, 2016.
S.D. Codified Laws § 16-22-28 — SD Code / Title 16 / Chapter 22 / Section 16-22-28
Probation and parole policies for sanctioning positive urinalysis test for controlled substance
Status: in_force

The Unified Judicial System, for probation, and the Department of Corrections, for parole, shall each revise the respective agency's policies for probation and parole requiring a minimum sanction of some period of incarceration for a urinalysis test that is positive for a controlled substance. The sanction shall be imposed for the initial positive test. The policies may exempt a residual positive urinalysis. Any drug court or other specialty court which has an approved sanctioning grid is exempt from the provisions of this section.

Source: SL 2017, ch 92, § 1.
S.D. Codified Laws § 16-3-5.3 — SD Code / Title 16 / Chapter 3 / Section 16-3-5.3
Rule proposal requirements
Status: in_force

(1) The identity of the proponent or proponents of the change;

(2) A detailed explanation of the change and the reasons for the change;

(3) An analysis of the state or federal rule or statute that the change is based upon, if any;

(4) A comparison of the change with federal rules or local federal rules on the same subject, if any, and an explanation of any differences, if any; and

(5) An analysis of how the change affects existing rules or statutes.

Source: SL 2025, ch 228 ( Supreme Court Rule 25-10), eff. Mar. 5, 2025.
S.D. Codified Laws § 16-5-13 — SD Code / Title 16 / Chapter 5 / Section 16-5-13
Simultaneous terms of circuit court in different counties
Status: in_force

Two or more terms of the circuit court may be held in different counties of the same circuit at the same time.

Source: RC 1919, § 5183; SDC 1939 & Supp 1960, § 32.0420.
S.D. Codified Laws § 16-17-5 — SD Code / Title 16 / Chapter 17 / Section 16-17-5
Board of commissioners
Status: in_force

The State Bar shall continue to have power to elect a board of commissioners and to determine the number of such commissioners, their qualifications, terms of office, powers, and duties and the time, place, and manner of their election.

Source: SL 1931, ch 84, § 5; SDC 1939 & Supp 1960, § 32.1115.
S.D. Codified Laws § 16-19-75 — SD Code / Title 16 / Chapter 19 / Section 16-19-75
Newspaper publication of suspension or disbarment
Status: in_force

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 Rule 78-1, Rule XIII (e); SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-19-99 — SD Code / Title 16 / Chapter 19 / Section 16-19-99
Attorney discipline--Proceedings confidential--Violation as contempt--Exceptions
Status: in_force

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 Supreme Court by the board or the attorney general, or

(b) Upon the request of the attorney to have the matter be public, or

(c) If the investigation into the attorney's alleged misconduct is predicated upon a conviction for a crime reportable under § 16-19-37 .

If the disciplinary proceeding involves alleged misconduct due to an attorney's medical condition as defined by subdivision 16-19-29(1) and the Supreme Court enters an order transferring the attorney to medical inactive status pursuant to § 16-19-88 or 16-19-92 , only the order shall be public. 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 confidentiality shall constitute contempt and shall be punishable as such by the Supreme Court. An attorney on medical inactive status shall be permitted to relate necessary information from the proceedings to the attorney's treating healthcare or medical practitioners for the purpose of restoring the attorney to active status. This section shall not be construed to deny access to relevant information to authorized agencies investigating the qualifications of judicial candidates, the board of bar examiners, or to other jurisdictions investigating qualifications for admission to practice; or to an agency acting pursuant to order of the Chief Judge of the United States District Court for South Dakota concerning reciprocal discipline; or to law enforcement agencies investigating qualifications for government employment. In addition, the clerk of the Supreme Court shall transmit notice of all public discipline imposed by the Supreme Court on an attorney or the transfer to medical inactive status of an attorney to the national discipline data bank maintained by the American Bar Association.

Source: Supreme Court Rule 78-1, Rule XVI; Supreme Court Rule 95-12; SL 2009, ch 283 (Supreme Court Rule 09-04), eff. July 1, 2009; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-2-57 — SD Code / Title 16 / Chapter 2 / Section 16-2-57
Settlement of class action lawsuit
Status: in_force

Any order settling a class action lawsuit that results in the creation of a common fund for the benefit of the class shall provide for the distribution of any residual funds to the Commission on Equal Access to Our Courts. However, up to fifty percent of the residual funds may be distributed to one or more other nonprofit charitable organizations that serve the public good if the court finds there is good cause to approve such a distribution as part of the settlement. For the purposes of this section, residual funds are any funds left over after payment of class member claims, attorney fees and costs, and any reversions to a defendant agreed upon by the parties and approved by the court. This section does not apply to any class action lawsuit against the State of South Dakota or any of its political subdivisions.

Source: SL 2008, ch 104, § 3.
S.D. Codified Laws § 16-2-52 — SD Code / Title 16 / Chapter 2 / Section 16-2-52
Court appointed special advocates fund established--Use of fund
Status: in_force

There is established within the state treasury the court appointed special advocates fund to be administered by the Unified Judicial System. Money shall enter the fund as provided in § 23-3-53 and through contributions, grants, settlement funds, payments ordered by the court, interest received on moneys in the fund, and any other fees and moneys collected for the purposes of §§ 23-3-52 , 23-3-53 , and 16-2-50 to 16-2-54 , inclusive. Money in the fund shall be used for the purpose of funding and administering the grant program. Any expenditure from the fund shall be paid on warrants drawn by the state auditor on vouchers approved by the state court administrator of the Unified Judicial System.

Source: SL 2003, ch 120, § 3.
S.D. Codified Laws § 16-22-6 — SD Code / Title 16 / Chapter 22 / Section 16-22-6
Admissibility of drug court participant's statements and reports in legal proceedings
Status: in_force

Nothing contained in this section may be construed to permit a judge to impose, modify, or reduce a sentence below the minimum sentence required by law. No statement made by a drug court participant in connection with the court's program or directives, nor any report made by the staff of the court or program connected to the court, regarding a participant's use of controlled substances is admissible as evidence against the participant in any legal proceeding or prosecution. However, if the participant violates the conditions or is terminated from drug court, the reasons for the violation or termination may be considered in sanctioning, sentencing, or otherwise disposing of the participant's case.

Source: SL 2013, ch 101, § 6.
S.D. Codified Laws § 16-15-15 — SD Code / Title 16 / Chapter 15 / Section 16-15-15
Acceptance of gift from party to action as misdemeanor--Inheritance excepted
Status: in_force

Every judicial officer, juror, referee, arbitrator, or umpire, who accepts any gift from any person, knowing him to be a party in interest, or the attorney or counsel of any party in interest to any action or proceeding then pending or about to be brought before him, is guilty of a Class 2 misdemeanor. The word "gift" as used herein shall not be taken to include property received by inheritance, by will, or by gift in view of death.

Source: PenC 1877, §§ 130, 131; CL 1887, §§ 6330, 6331; RPenC 1903, §§ 136, 137; RC 1919, §§ 3718, 3719; SDC 1939, § 13.1204; SL 1979, ch 150, § 13.
S.D. Codified Laws § 16-2-56 — SD Code / Title 16 / Chapter 2 / Section 16-2-56
Grants to entities that deliver services to persons meeting income guidelines
Status: in_force

The Commission on Equal Access to Our Courts shall provide grants to nonprofit entities that are funded, or nonprofit entities contracting with nonprofit entities that are funded, by the Legal Services Corporation and deliver legal services to persons meeting income eligibility guidelines.

Source: SL 2008, ch 104, § 2.
S.D. Codified Laws § 16-5-1.2 — SD Code / Title 16 / Chapter 5 / Section 16-5-1.2
Number of judicial circuits--Counties included
Status: in_force

There shall be seven judicial circuits which shall be numbered and consist of counties as follows:

(1) First Circuit: Aurora, Bon Homme, Brule, Buffalo, Charles Mix, Clay, Davison, Douglas, Hanson, Hutchinson, McCook, Turner, Union, and Yankton Counties;

(2) Second Circuit: Lincoln and Minnehaha Counties;

(3) Third Circuit: Beadle, Brookings, Clark, Codington, Deuel, Grant, Hamlin, Hand, Jerauld, Kingsbury, Lake, Miner, Moody, and Sanborn Counties;

(4) Fourth Circuit: Butte, Corson, Dewey, Harding, Lawrence, Meade, Perkins, and Ziebach Counties;

(5) Fifth Circuit: Brown, Campbell, Day, Edmunds, Faulk, Marshall, McPherson, Roberts, Spink, and Walworth Counties;

(6) Sixth Circuit: Bennett, Gregory, Haakon, Hughes, Hyde, Jackson, Jones, Lyman, Mellette, Potter, Stanley, Sully, Todd, and Tripp Counties; and

(7) Seventh Circuit: Custer, Fall River, Oglala Lakota, and Pennington Counties.

Source: SDC 1939, §§ 32.0406 to 32.0415; SL 1939, ch 130; SL 1941, ch 150, § 1; SL 1953, ch 193; SL 1953, ch 194; SL 1955, ch 123; SL 1957, ch 170; SL 1957, ch 171; SL 1959, ch 224; SL 1963, ch 219; SL 1963, ch 220; SL 1964, ch 106; SL 1964, ch 107; SL 1965, ch 156; SL 1966, ch 114, §§ 3 to 10; SL 1967, ch 138; SL 1967, ch 139, §§ 1 to 3; SDCL §§ 16-5-2 to 16-5-11 ; SL 1969, ch 144, §§ 1, 2; SL 1970, ch 134; SL 1970, ch 135; SL 1971, ch 152; Supreme Court Rule No. 6, 1972; Supreme Court Order, Sept. 12, 1973, Par. 1; Supreme Court Rule 76-7; Supreme Court Rule 83-5; SL 2000, ch 265 (Supreme Court Order, Aug. 10, 1999); SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
S.D. Codified Laws § 16-6-31 — SD Code / Title 16 / Chapter 6 / Section 16-6-31
Mandatory retirement of judges at age seventy--Conclusion of pending matters
Status: in_force

A judge of a circuit court is automatically retired on the first Tuesday after the first Monday of January next after the general election at which members of the Legislature are elected immediately following the attainment of age seventy of such judge. Such judge shall conclude all matters pending before him unless the Supreme Court makes other provisions for the disposition of such matters.

Source: SL 1973, ch 133, § 1; SDCL Supp, § 16-8-5.1 .
S.D. Codified Laws § 16-17-15 — SD Code / Title 16 / Chapter 17 / Section 16-17-15
Liability of State Bar--Immunity in good faith acts--Exceptions
Status: in_force

The State Bar, its employees, officers, commissioners, committee members, agents, and volunteers are immune from liability for any good faith act or omission done in the discharge of any duty of the State Bar prescribed by law. The immunity provided in this section does not apply to any person causing personal injury or wrongful death resulting from the negligent operation of a motor vehicle.

Source: SL 2024, ch 68, § 2.
S.D. Codified Laws § 16-17-9 — SD Code / Title 16 / Chapter 17 / Section 16-17-9
Rules of professional conduct formulated by bar--Professional fees not regulated
Status: in_force

The State Bar shall continue to have power to formulate from time to time, subject to the approval of the Supreme Court, rules of professional conduct for all members. Said State Bar shall not have power or authority to fix the fees to be charged by its members for professional services.

Source: SL 1931, ch 84, § 12; SDC 1939 & Supp 1960, § 32.1122.
S.D. Codified Laws § 16-1-2.1 — SD Code / Title 16 / Chapter 1 / Section 16-1-2.1
Election of Chief Justice--Term of office--Removal
Status: in_force

The Chief Justice of the Supreme Court shall be selected from among the justices of the Supreme Court by a majority vote of the justices for a term of four years without limitation in successive terms. The Chief Justice so selected may be removed by a four - fifths vote of the justices but such removal shall not thereby constitute his removal as a justice of the Supreme Court.

Source: SL 1973, ch 128, § 1.
S.D. Codified Laws § 16-22-31 — SD Code / Title 16 / Chapter 22 / Section 16-22-31
Report of Interstate Drug Trafficking Task Force to oversight council
Status: in_force

The Interstate Drug Trafficking Task Force shall quarterly submit a report to the chair of the oversight council which includes aggregate statistics on the number of arrests made by the task force, the underlying felonies for those arrests, and the amount of drugs seized by the task force.

Source: SL 2017, ch 92, § 6.
S.D. Codified Laws § 16-2-29 — SD Code / Title 16 / Chapter 2 / Section 16-2-29
Fees charged by clerk of courts--Exemptions
Status: in_force

The clerk of courts shall charge and collect the following fees:

(1) For the probate of an estate, seventy-five dollars;

(2) For all service connected with the preparation and transmission of a settled record to the Supreme Court, including the remittitur from the Supreme Court, fifty dollars;

(3) For any of the following, twenty-five dollars:

(a) Civil cases filed for jury or court trial;

(b) Guardianship or conservatorship actions, adoption cases, or terminations of life estates;

(c) Cases to determine amount of inheritance tax in estates in which real and personal property is transferred in contemplation of death;

(d) Default actions to quiet title to real property;

(e) Default cases involving garnishment proceedings;

(f) Dissolutions of corporations;

(g) Foreclosure actions;

(h) Special administration proceedings;

(i) Summary administration proceedings;

(j) Appeals to the circuit court from an action of a political subdivision of the state or from an action of the state or its officers, boards, agencies, and commissions; or

(k) All matters not otherwise provided for in this section;

(4) For any of the following, fifty dollars:

(a) Petitions and motions to modify final child support orders, except if the petitioner or moving party is a recipient of assistance benefits pursuant to title 28;

(b) Petitions and motions to modify final child custody orders;

(c) Petitions and motions to modify final visitation orders; or

(d) Petitions and motions to modify final spousal support orders;

(5) For any of the following, five dollars:

(a) Issuing a transcript of a judgment;

(b) Filing and docketing a transcript of a judgment;

(c) Issuing and docketing an execution, commission, or writ;

(d) Filing a special execution; or

(e) Renewing a judgment according to § 15-16-33 ;

(6) For any of the following, two dollars:

(a) Issuing a subpoena in a civil case; or

(b) Safekeeping or filing of a will;

(7) For reproducing an authenticated, exemplified, or double certificate of a record on file in the clerk's office, fifteen dollars; and

(8) All true and correct copies of any original record or paper furnished by the attorney of record or the personal representative qualified to act in any of the following cases, which are necessary for the completion of the case, must be certified at no extra charge for the certification:

(a) Guardianship or conservatorship actions, adoption cases, termination of life estates, trusts, probate actions;

(b) Cases to determine amount of inheritance tax in estates in which real and personal property is transferred in contemplation of death; and

(c) Divorce actions.

No fee for filing, docketing, issuing, recording, certifying, or searching, or other fee or commission, may be required of the state, any foreign state, or the federal government, or its officers, boards, agencies, and commissions, or its political subdivisions, in any action or proceeding commenced by the state or a political subdivision. No fee for record searches may be required of any agency of the federal government that is charged with law enforcement or investigatory duties under federal law.

No filing fee may be required in any action under § 22-19A-8 , 22-19A-12 , 25-10-3 , or 25-10-6 .

Source: SDC 1939, § 12.1406; SL 1943, ch 27; SL 1951, ch 24; SL 1953, ch 20; SL 1953, ch 124, § 1; SL 1959, ch 29, § 1; SL 1966, ch 24; SDCL § 16-10-8; SL 1968, ch 15; SL 1971, ch 155, §§ 1, 2; SL 1974, ch 55, §§ 19, 20, 50; SL 1975, ch 161, §§ 3, 4; SL 1977, ch 176; SL 1977, ch 193, § 23; SL 1978, ch 178, § 571; SL 1979, ch 149, § 8; SL 1979, ch 152; SL 1983, ch 160; SL 1984, ch 148, § 2; SL 1984, ch 149; SL 1989, ch 180; SL 1989, ch 181; SL 1992, ch 152; SL 1993, ch 192, § 3; SL 1993, ch 213, § 93; SL 1995, ch 115, § 1; SL 1996, ch 142; SL 1996, ch 143; SL 2002, ch 129, § 3; SL 2009, ch 102, § 1; SL 2011, ch 108, § 1; SL 2020, ch 69, § 1; SL 2026, ch 92, § 1.
S.D. Codified Laws § 16-5-15 — SD Code / Title 16 / Chapter 5 / Section 16-5-15
Special terms of courts of record--Order filed with clerk--Powers at special term
Status: in_force

At any time he may deem it necessary or advisable, the judge of any trial court of record may order a special term to be held, by written order filed with the clerk at least fifteen days before the opening of such term. Anything which may be done at a regular term may be done at a special term.

Source: Supreme Court Rule 118, 1939; SDC 1939 & Supp 1960, § 33.1105.
S.D. Codified Laws § 16-13-41.1 — SD Code / Title 16 / Chapter 13 / Section 16-13-41.1
Discharge or suspension from employment for jury service as misdemeanor
Status: in_force

No person shall discharge any employee or suspend any employee from his employment for serving as a juror in any court in the State of South Dakota. Any person violating this section is guilty of a Class 2 misdemeanor.

Source: SL 1974, ch 324, § 1; SL 1979, ch 150, § 2.
S.D. Codified Laws § 16-12A-30.1 — SD Code / Title 16 / Chapter 12A / Section 16-12A-30.1
Municipality to provide facilities for court
Status: in_force

Any municipality in the state may, at its discretion, and in cooperation with the presiding judge of the circuit, provide suitable and adequate quarters for a magistrate court assigned principally to serve the municipality, including the facilities necessary to make the space provided functional for its intended use.

Source: SL 2003, ch 117, § 9.
S.D. Codified Laws § 16-13-9.1 — SD Code / Title 16 / Chapter 13 / Section 16-13-9.1
Master jury list defined
Status: in_force

For the purposes of this chapter, the master juror list shall be that list of names randomly selected by the state court administrator's office from the jury selection list, from which the various grand and petit jury panels shall be drawn.

Source: SL 1972, ch 125, § 5 (3); SL 1973, ch 135, § 2; SL 1982, ch 172, § 5; SL 1992, ch 153, § 6; SL 2003, ch 118, § 4.
S.D. Codified Laws § 16-19-34 — SD Code / Title 16 / Chapter 19 / Section 16-19-34
Deceit and collusion as grounds for disbarment--Treble damages
Status: in_force

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 1877, ch 18, § 5; CL 1887, § 466; RPolC 1903, § 698; RC 1919, § 5272; Supreme Court Rule 18, 1939; SDC 1939 & Supp 1960, § 32.1210; SDCL § 16-19-3 ; SL 2016, ch 246 (Supreme Court Rule 16-19 ), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-3-5 — SD Code / Title 16 / Chapter 3 / Section 16-3-5
Rules governing petitions for and notice of court rules
Status: in_force

The Supreme Court shall prescribe by rule the procedure to be followed and notice, if any, to be required for consideration of petitions for adoption, amendment, or repeal of its rules including those actions taken on its own initiative.

Source: SDC 1939 & Supp 1960, § 32.0902; SL 1973, ch 129, § 2.
S.D. Codified Laws § 16-18-34.7 — SD Code / Title 16 / Chapter 18 / Section 16-18-34.7
Recommendations in attorney disciplinary proceedings
Status: in_force

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 Rule 97-25; SL 2021, ch 258 (Supreme Court Rule 21-06), eff. Feb. 23, 2021.
S.D. Codified Laws § 16-14-2 — SD Code / Title 16 / Chapter 14 / Section 16-14-2
Study of state judicial system by conference
Status: in_force

It shall be the duty of the Judicial Conference to study the organization, rules, methods, and practices of the judicial system of this state; the work accomplished and the results produced together with the problems of administration confronting the courts and the judicial system in general.

Source: SL 1964, ch 109, § 2.
S.D. Codified Laws § 16-18-28 — SD Code / Title 16 / Chapter 18 / Section 16-18-28
Liability of attorney for treble damages for misconduct
Status: in_force

Any attorney who violates any of the provisions of subdivision 16-18-26(1), (2), or (3) shall be liable for treble damages to the party injured, which damages may be recovered in a civil action from such attorney.

Source: PenC 1877, § 210; CL 1887, § 6410; RPenC 1903, § 213; RC 1919, § 3800; SDC 1939 & Supp 1960, § 37.1911.
S.D. Codified Laws § 16-19-61 — SD Code / Title 16 / Chapter 19 / Section 16-19-61
Notice to attorney of report and proposal for private reprimand
Status: in_force

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 Rule 78-1, Rule V (a) (5); SL 1987, ch 29, § 24; SL 1995, ch 301 (Supreme Court Rule 94-8); SL 2016, ch 246 (Supreme Court Rule 16-42), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-16-20 — SD Code / Title 16 / Chapter 16 / Section 16-16-20
Roll of attorneys maintained by clerk of Supreme Court
Status: in_force

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, § 5; RPolC 1903, § 689; RC 1919, § 5257; Supreme Court Rule 3, 1939; SDC 1939, § 32.1103; Supreme Court Rule 10, Order No. 1, 1957; SDC Supp 1960, § 32.1110.
S.D. Codified Laws § 16-19-94 — SD Code / Title 16 / Chapter 19 / Section 16-19-94
Petition for reinstatement by attorney on medical inactive status
Status: in_force

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 medical inactive status. An attorney who has been placed on medical inactive status may not apply for reinstatement until any pending disciplinary investigation or proceeding has been concluded.

Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 6 (d); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XV (d); Supreme Court Rule 97-36; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-18-31 — SD Code / Title 16 / Chapter 18 / Section 16-18-31
Withdrawal of attorney of record--When permitted
Status: in_force

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.
S.D. Codified Laws § 16-21-7 — SD Code / Title 16 / Chapter 21 / Section 16-21-7
Certification and authentication of court record
Status: in_force

A court document may be certified as an official copy only if the original document is on file with the court. In addition to manually certifying documents with a handwritten signature, any custodian of a court document may also use an electronic signature and seal to certify or authenticate documents that are in electronic format. A raised seal on the copy from the issuing court shall not be required.

Source: SL 2012, ch 255, § 7 (Supreme Court Rule 12-01), eff. Feb. 21, 2012.
S.D. Codified Laws § 16-18-20.1 — SD Code / Title 16 / Chapter 18 / Section 16-18-20.1
Record of client funds--Time preserved--Failure to keep as ground for discipline
Status: in_force

Every attorney shall maintain complete records of the handling, maintenance, and disposition of all funds, securities, and other properties of a client at any time in his possession, from the time of receipt to the time of final distribution, and shall preserve such records for a period of five years after final distribution of such funds, securities, or other properties or any portion thereof, and failure to keep such records shall be grounds for appropriate disciplinary proceedings.

Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 4; SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XVIII.
S.D. Codified Laws § 16-5-28 — SD Code / Title 16 / Chapter 5 / Section 16-5-28
Termination of circuit court term--Dismissal of jury--Special term and new jury
Status: in_force

The judge may at any time terminate a term of the circuit court and dismiss the jury from further attendance by an order declaring the term at an end, announced in open court and entered in the minutes. The judge may thereafter call a special term if in his opinion the public interest requires it, and may order a new jury panel drawn, for such special term.

Source: SDC 1939 & Supp 1960, § 33.1102.
S.D. Codified Laws § 16-12B-4 — SD Code / Title 16 / Chapter 12B / Section 16-12B-4
Authority to administer oaths, etc
Status: in_force

A magistrate judge appointed pursuant to this chapter may administer oaths, take acknowledgments, and depositions.

Source: SL 2003, ch 117, § 13.
S.D. Codified Laws § 16-5-26 — SD Code / Title 16 / Chapter 5 / Section 16-5-26
Adjournment of circuit court to day certain or until notice--Jury panel retained
Status: in_force

At the end of any sitting, the circuit court may adjourn the term from time to time to a day certain or until the further notice and order of the court, in which case the same jury panel shall report as may be ordered.

Source: SDC 1939 & Supp 1960, § 33.1102.
S.D. Codified Laws § 16-19-50 — SD Code / Title 16 / Chapter 19 / Section 16-19-50
Accused attorney to be given opportunity to state position
Status: in_force

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 respect to the allegations.

Source: Supreme Court Rule 78-1, Rule V (b); SL 2016, ch 246 (Supreme Court Rule 16-33), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-5-23 — SD Code / Title 16 / Chapter 5 / Section 16-5-23
Regular terms of circuit court held if cases ready for trial--Juries called
Status: in_force

At the time designated by law, there shall be regular terms of circuit court held in the several counties, if there be any cases ready for trial. Juries shall be called for such terms if there are any jury cases for trial.

Source: SDC 1939 & Supp 1960, § 33.1101.
S.D. Codified Laws § 16-12C-3 — SD Code / Title 16 / Chapter 12C / Section 16-12C-3
Attendance at institute prerequisite to taking office--Exception
Status: in_force

No clerk magistrate may take office for the first time as a magistrate until such person has attended an institute on the duties and functioning of the magistrate's office to be held under the supervision of the Supreme Court, unless such attendance is waived by the Supreme Court.

Source: SL 2003, ch 117, § 30.
S.D. Codified Laws § 16-2-29.6 — SD Code / Title 16 / Chapter 2 / Section 16-2-29.6
Electronic searches of money judgments
Status: in_force

Electronic searches of the statewide civil money judgment database may be performed by a web-based search for a fee of four dollars for name or date searches and one dollar for judgment docket information. The same information is available on an unlimited basis by bulk users for two thousand five hundred dollars per year or two hundred fifty dollars per month with advance payment. This information will include new civil money judgments and updated judgment information. An initial purchase of twenty years of historical statewide civil money judgment data, which includes all active judgment information to the date of the request, and all inactive judgment information from April 19, 2004 to the date of the request, is available for three thousand dollars by contacting the state court administrator's office. The fees will be deposited in accordance with § 16-2-43 .

Source: SL 2006, ch 272 (Supreme Court Rule 05-11), eff. March 31, 2006.
S.D. Codified Laws § 16-16-1.1 — SD Code / Title 16 / Chapter 16 / Section 16-16-1.1
Essential eligibility requirements for admission
Status: in_force

Applicants must be able to demonstrate the following essential eligibility requirements for the practice of law:

(1) The ability to be honest and candid with clients, lawyers, courts, the board, and others;

(2) The ability to reason, recall complex factual information, and integrate that information with complex legal theories;

(3) The ability to communicate with clients, lawyers, courts, and others with a high degree of organization and clarity;

(4) The ability to use good judgment on behalf of clients and in conducting one's professional business;

(5) The ability to conduct oneself with respect for and in accordance with the law;

(6) The ability to avoid acts that exhibit disregard for the rights or welfare of others;

(7) The ability to comply with the requirements of the Rules of Professional Conduct, applicable state, local, tribal, and federal laws, regulations, statutes, and any applicable order of a court or tribunal;

(8) The ability to act diligently and reliably in fulfilling one's obligations to clients, lawyers, courts, and others;

(9) The ability to use honesty and good judgment in financial dealings on behalf of oneself, clients, and others; and

(10) The ability to comply with deadlines and time constraints.

Source: SL 2016, ch 244 (Supreme Court Rule 16-05), eff. July 1, 2016.
S.D. Codified Laws § 16-12C-9 — SD Code / Title 16 / Chapter 12C / Section 16-12C-9
Jurisdiction--Committal--Conditions
Status: in_force

A magistrate court with a clerk magistrate presiding has concurrent jurisdiction with the circuit courts to act as a committing magistrate if voluntary and knowledgeable waiver of preliminary hearing has been given before the court. The magistrate court may conduct preliminary hearings as a committing magistrate unless demand is made by the defendant prior to such hearing to have the hearing conducted before a magistrate judge or a circuit judge to be assigned by the presiding judge.

Source: SL 2003, ch 117, § 36.
S.D. Codified Laws § 16-19-37 — SD Code / Title 16 / Chapter 19 / Section 16-19-37
Suspension from practice on conviction of serious crime--Setting aside order
Status: in_force

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 crime" includes any felony and any lesser crime a necessary element of which, as determined by the statutory or common law definition of such crime, involves improper conduct as an attorney, interference with the administration of justice, false swearing, misrepresentation, fraud, willful failure to file income tax returns, deceit, bribery, extortion, misappropriation, theft, or an attempt or a conspiracy or solicitation of another to commit a serious crime. Upon good cause shown, the Supreme Court may set aside such order suspending the attorney from engaging in the practice of law when it appears in the interest of justice so to do. An order suspending an attorney from the practice of law pursuant to this section is a suspension of the attorney for the purpose of §§ 16-19-74 to 16-19-82 , inclusive, unless the Supreme Court shall otherwise order.

Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 5 (a); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule X (a), (g); SL 2016, ch 246 (Supreme Court Rule 16-23 ), eff. July 1, 2016; SL 2017, ch 229 (Supreme Court Rule 17-06), eff. Jan. 19, 2017; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-19-97 — SD Code / Title 16 / Chapter 19 / Section 16-19-97
Examination of petitioner for reinstatement--Expense of examination--Additional proof of competence to practice law
Status: in_force

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, including an examination of the attorney by such qualified medical experts as the Court shall designate. In its discretion, the Court may direct that the expense of such an examination be paid by the attorney. The Supreme Court may require that the attorney establish further proof of competence and learning in law, which proof may include providing certification by the board of bar examiners that the attorney successfully completed all or any portion of the South Dakota bar examination after transfer to medical inactive status.

Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 6 (d); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XV (d); SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-16A-4 — SD Code / Title 16 / Chapter 16A / Section 16-16A-4
Participant admission to practice--Eligibility
Status: in_force

1. Meets the requirements set forth in § 16-16-2 ;

2. Complies with the criminal background investigation as required by § 16-16-2.6 ;

3. Provides evidence of graduation from the law school;

4. Provides evidence of successful completion of the public service pathway bar admission program through the law school;

5. Provides a portfolio of work demonstrating minimum competence to the satisfaction of the board;

6. Demonstrates competence in Indian law either through successful completion of a board-approved Indian law course at the law school with the testing option or successful completion of a one-question examination on Indian law offered by the board following an applicant’s successful completion of the program;

7. Achieves a score of 85 or higher on the Multistate Professional Responsibility Exam; and

8. Commits to providing at least two years of public service.

Source: SL 2025, ch 227 ( Supreme Court Rule 25-01), eff. Feb. 21, 2025.
S.D. Codified Laws § 16-3-2 — SD Code / Title 16 / Chapter 3 / Section 16-3-2
Power of Supreme Court to make rules of practice and procedure--Actions, proceedings, and appeals to which applicable
Status: in_force

The Supreme Court of South Dakota has power to make all rules of practice and procedure which it shall deem necessary for the administration of justice in all civil and criminal actions, remedies, and proceedings in any and all courts of the state and for the method of taking, hearing, and deciding appeals to the courts from all decisions of public officers, boards, commissions, departments, and institutions exercising quasi - judicial functions, in any case where an appeal from any such decision is allowed by law.

Source: RC 1919, § 5133; SDC 1939 & Supp 1960, § 32.0902.
S.D. Codified Laws § 16-21A-4 — SD Code / Title 16 / Chapter 21A / Section 16-21A-4
Time of filing
Status: in_force

(1) A document in compliance with the rules and submitted electronically to the court clerk of court by 11:59 p.m. central standard time or daylight savings time as applicable shall be considered filed on that date.

(2) After reviewing an electronically filed document, the clerk of court must inform the filer, through an e-mail generated by the Odyssey 7 system, whether the document has been accepted or rejected. A document may be rejected (a) if it is filed in the wrong county; (b) applicable filing fees are not paid or waived; (c) the document is incomplete or contains missing information; (d) or fails to comply with applicable statutory requirements or these rules.

(3) Any applicable fees associated with the filing must be paid at the time the document is filed. A request for the waiver of fees must accompany the filing of the document. If the request to waive such fees is denied the party must submit any applicable fee within seven days.

Source: SL 2014, ch 254 (Supreme Court Rule 13-12 ), eff. July 1, 2014.
S.D. Codified Laws § 16-2-49 — SD Code / Title 16 / Chapter 2 / Section 16-2-49
Liability for refusal to file or docket document
Status: in_force

If a court determines that the clerk acted reasonably or in good faith in refusing to file or docket a document that the clerk believed should not be filed or docketed or a document that the clerk believed to be a counterfeit lien, the clerk is not liable for any civil damages resulting from the refusal.

Source: SL 1997, ch 45, § 6.
S.D. Codified Laws § 16-21A-9 — SD Code / Title 16 / Chapter 21A / Section 16-21A-9
Technical issues--Relief
Status: in_force

On a showing of good cause, the court may grant appropriate relief if electronic filing or electronic service was not completed due to technical problems.

Source: SL 2014, ch 254 (Supreme Court Rule 13-12 ), eff. July 1, 2014.
S.D. Codified Laws § 16-22-3 — SD Code / Title 16 / Chapter 22 / Section 16-22-3
Drug court defined
Status: in_force

For the purposes of this chapter, a drug court is a court supervised alternative to incarceration and includes drug, driving under influence, and other specialty court dockets aimed at increasing offender accountability and decreasing recidivism.

Source: SL 2013, ch 101, § 3.
S.D. Codified Laws § 16-12C-4 — SD Code / Title 16 / Chapter 12C / Section 16-12C-4
Establishment and schedule of clerk magistrate's institutes--Court may require attendance
Status: in_force

The Supreme Court shall establish the institute and shall provide that the institute be held at least once every two years. It may establish an institute at such other times and for such other purposes as it deems necessary and may require the attendance of any clerk magistrate.

Source: SL 2003, ch 117, § 31.
S.D. Codified Laws § 16-2-27.1 — SD Code / Title 16 / Chapter 2 / Section 16-2-27.1
Passport application duties of clerks--Fees
Status: in_force

Clerks of the circuit courts in the counties of Aurora, Bennett, Bon Homme, Brule, Buffalo, Butte, Campbell, Charles Mix, Clark, Corson, Custer, Day, Deuel, Dewey, Douglas, Edmunds, Fall River, Faulk, Grant, Gregory, Haakon, Hamlin, Hand, Hanson, Harding, Hutchinson, Hyde, Jackson, Jerauld, Jones, Kingsbury, Lincoln, Lyman, Marshall, McCook, McPherson, Mellette, Miner, Moody, Perkins, Potter, Roberts, Sanborn, Spink, Stanley, Sully, Tripp, Turner, Union, Walworth, and Ziebach may assist in the execution of United States passport applications. Any fees collected but not remitted to the United States State Department shall be deposited in the state general fund.

Source: Supreme Court Rule 85-10; SL 2008, ch 290 (Supreme Court Rule 08-04), eff. July 1, 2008.
S.D. Codified Laws § 16-12B-17 — SD Code / Title 16 / Chapter 12B / Section 16-12B-17
Practice of law by magistrates
Status: in_force

Any attorney who is a part - time magistrate judge may practice law under such conditions as the circuit judges sitting en banc in the judicial circuit may provide, subject to Supreme Court rule.

Source: SL 2003, ch 117, § 26.
S.D. Codified Laws § 16-16-8 — SD Code / Title 16 / Chapter 16 / Section 16-16-8
Application for admission on examination
Status: in_force

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 his application may result in denial of the application.

Source: Supreme Court Rule 6, Order No. 1, 1957; SDC Supp 1960, § 32.1106; Supreme Court Rule, Order No. 1, 1963; Supreme Court Order No. 1, 1969; Supreme Court Rule 85-14.
S.D. Codified Laws § 16-23-3 — SD Code / Title 16 / Chapter 23 / Section 16-23-3
Considerations for selection of participating counties and municipalities
Status: in_force

In making the selection of the participating counties and municipalities, the Unified Judicial System shall consider:

(1) The demographics of the county or municipality;

(2) The age and number of the current membership of the county or municipality bar;

(3) The recommendation of the presiding circuit judge;

(4) The programs of economic development within the county or municipality;

(5) The geographical location compared to other counties or municipalities receiving assistance;

(6) The evaluation of the attorney seeking assistance under the program;

(7) Any existing or previous ties of the applicant to the county or municipality; and

(8) Any prior participation by the county or municipality in the program.

Source: SL 2013, ch 102, § 3; SL 2017, ch 93, § 5.
S.D. Codified Laws § 16-23-6 — SD Code / Title 16 / Chapter 23 / Section 16-23-6
Agreement for payment of recruitment assistance--Repayment upon breach
Status: in_force

Any agreement for the payment of recruitment assistance pursuant to this chapter shall obligate the rural county or municipality served by the attorney to provide thirty-five percent of the total amount of the incentive payment in five equal annual installments. After the rural county or municipality certifies to the Unified Judicial System that the county or municipality has paid the attorney the annual amount and the State Bar of South Dakota or its designee has paid fifteen percent of the annual installment to the Unified Judicial System, the Unified Judicial System shall pay to the attorney the remaining balance of the total installment payment amount for that year. The Unified Judicial System shall pay the required amount out of funds appropriated pursuant to this chapter and the funds received from the State Bar of South Dakota pursuant to this chapter. A county or municipality may prepay its portion of the incentive payment at any time during the five-year period.

If an attorney has breached the agreement, the attorney shall repay all sums received pursuant to this chapter under the terms and conditions set by the Unified Judicial System. Failure to make repayment is grounds for discipline by the State Bar of South Dakota and the Supreme Court.

Source: SL 2013, ch 102, § 6; SL 2017, ch 93, § 8.
S.D. Codified Laws § 16-13-2 — SD Code / Title 16 / Chapter 13 / Section 16-13-2
Minimum number of names placed on master jury list
Status: in_force

The minimum number of names to be placed on the master jury list for each county shall be designated by order of the presiding judge of the circuit court, or a judge of the circuit designated by him, to be made each year before September first.

Source: SL 1935, ch 85, § 2; SDC 1939 & Supp 1960, § 32.1004; SL 1972, ch 125, § 4; SL 1977, ch 180; SL 1979, ch 149, § 6; SL 1982, ch 172, § 1; SL 1983, ch 163, § 1; SL 1992, ch 153, § 1.
S.D. Codified Laws § 16-2-56.1 — SD Code / Title 16 / Chapter 2 / Section 16-2-56.1
Considerations for awarding grants from equal access to our courts fund
Status: in_force

In awarding grants pursuant to § 16-2-56 , the commission may consider:

(1) Grant applications that will help provide legal representation of veterans, the disabled, and senior citizens who do not exceed 200% of federal poverty guidelines;

(2) Grant applications that will help provide legal representation to victims of domestic violence who do not exceed 150% of applicable federal poverty guidelines;

(3) Grant applications for entities that will provide legal assistance in general legal matters, to clients who do not exceed 125% of applicable federal poverty guidelines;

(4) Grant applications that will supplement eligible nonprofit entities which have expended applicable legal services corporation grant moneys for private attorney involvement;

(5) Grant applications that facilitate systemic efficiencies and promote statewide cooperation among eligible grant recipients;

(6) Demonstrated financial need of entities applying for grants;

(7) Grant applications that promote statewide coverage for eligible clients;

(8) Grants that are consistent with serving more eligible clients within the limited available resources; and

(9) Grant applications that seek to address unmet legal needs of the poor or which promote innovative approaches to improve access to justice for all citizens of the state.

Source: SL 2017, ch 91, § 1.
S.D. Codified Laws § 16-2-41.1 — SD Code / Title 16 / Chapter 2 / Section 16-2-41.1
Court automation surcharge for actions filed in Supreme Court
Status: in_force

In each appeal, intermediate appeal, original proceeding, or other action filed in the Supreme Court, the clerk of the court shall collect the sum of fifty dollars as a unified judicial system court automation surcharge. However, no surcharge may be collected in any proceeding commenced in the Supreme Court by the state, a county, a municipality, or a school district.

Source: SL 1999, ch 104, § 3; SL 2004, ch 141, § 3; SL 2010, ch 107, § 3, eff. Feb. 25, 2010.
S.D. Codified Laws § 16-1A-7 — SD Code / Title 16 / Chapter 1A / Section 16-1A-7
Employment of personnel by commission--Powers in investigation
Status: in_force

The commission may employ all necessary personnel for the purpose of investigating complaints made against a judge and for the purpose of presenting nominations to the Governor to fill all judicial vacancies. The commission may administer oaths, subpoena witnesses and take depositions as provided by §§ 1-26-19.1 and 1-26-19.2 or as may be otherwise provided by law or rule of the Supreme Court.

Source: SL 1973, ch 136, § 8; SL 1978, ch 149.
S.D. Codified Laws § 16-19-51 — SD Code / Title 16 / Chapter 19 / Section 16-19-51
Procedure required in investigations by board or attorney general
Status: in_force

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.
S.D. Codified Laws § 16-13-39 — SD Code / Title 16 / Chapter 13 / Section 16-13-39
Magistrate court powers and procedure in summoning jury and witnesses
Status: in_force

The magistrate court shall have the same power to compel the attendance of jurors and witnesses as has the circuit court and shall be governed by the same rules in impaneling a jury.

Source: SL 1890, ch 78, § 21; RProbC 1903, § 14; RC 1919, § 5303; SDC 1939 & Supp 1960, § 32.1016.
S.D. Codified Laws § 16-19-88 — SD Code / Title 16 / Chapter 19 / Section 16-19-88
Transfer to medical inactive status of attorney subject to certain judicial determinations or orders
Status: in_force

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, the Supreme Court, upon proof of that fact, shall enter an order transferring such attorney to medical inactive status effective immediately and until the further order of the Court. A copy of such order shall be served upon such attorney, the attorney's guardian, and/or the director of the institution to which the attorney has been committed in such manner as the Court may direct. The Supreme Court shall enter such orders as are necessary to notify the attorney's clients of the attorney's change in status.

Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 6 (a); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XV (a); SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-2-58.2 — SD Code / Title 16 / Chapter 2 / Section 16-2-58.2
Commission on equal access to our courts surcharge--Other proceedings--Collection--Exclusions--Waiver
Status: in_force

For the answer or initial responsive pleading in a circuit court proceeding not subject to § 16-2-58.1 , the clerk of courts shall collect the sum of twenty-five dollars as a commission on equal access to our courts surcharge. The clerk shall collect the surcharge in the manner in which other fees are collected. The surcharge may not be collected in any civil action or proceeding:

(1) For forcible entry and detainer;

(2) Wherein the responding party is the state, county, a municipality, or a school district; or

(3) If the responding party is receiving assistance benefits under title 28.

The responsive surcharge may be waived pursuant to the provisions of §§ 16-2-29.2 and 16-2-29.3 .

Source: SL 2017, ch 91, § 3; SL 2026, ch 93, § 1.
S.D. Codified Laws § 16-23-2 — SD Code / Title 16 / Chapter 23 / Section 16-23-2
Application to participate--Assessment
Status: in_force

Each interested county or municipality shall apply to the Unified Judicial System. Before making a determination of eligibility, the Unified Judicial System shall conduct a county or municipality assessment designed to evaluate the county or municipality's need for an attorney and its ability to sustain and support an attorney. The Unified Judicial System shall maintain a list of counties and municipalities that have been assessed and are eligible for participation in the recruitment assistance program established by this chapter. The Unified Judicial System may revise any county or municipality assessment or conduct a new assessment as necessary to reflect any change in conditions within a county or municipality.

Source: SL 2013, ch 102, § 2; SL 2017, ch 93, § 2.
S.D. Codified Laws § 16-19-70.3 — SD Code / Title 16 / Chapter 19 / Section 16-19-70.3
Proof of costs and expenses required
Status: in_force

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 General and Unified Judicial System. Copies of approved expense vouchers for reimbursement of allowable costs and expenses associated with the disciplinary proceeding filed with the clerk of the Supreme Court by the attorney general or the finance office of the Unified Judicial System prior to issuance of a final judgment.

Source: SL 1990, ch 441 (Supreme Court Rule 89-23); SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-22-1 — SD Code / Title 16 / Chapter 22 / Section 16-22-1
Definitions
Status: in_force

Terms used in chapters 1-15 , 1-54 , 16-14 , 16-22 , 23A-27 , 23A-47 , 24-15 , 24-15A , and 32-23 mean:

(1) "Alcohol or drug accountability program," the 24/7 program or the HOPE program described in §§ 16-22-8 and 16-22-9 ;

(2) "Board," the Board of Pardons and Paroles;

(3) "Case plan," an individualized, documented accountability and behavior change strategy that:

(a) Matches the type and intensity of supervision to the assessed risk of reoffending;

(b) Targets and prioritizes the specific criminal risk factors of the individual, with attention to addressing barriers to learning and participation; and

(c) Establishes a timetable for achieving specific behavioral goals, including a schedule for payment of victim restitution, child support, and other financial obligations;

(4) "Court-ordered financial obligation," money that an offender is required to pay and can include restitution, fines, costs, and fees, but does not include child support payments;

(5) "Criminal risk factors," characteristics and behaviors that, when addressed or changed, affect a person's risk for committing crimes. The term includes: antisocial behavior; antisocial personality; criminal thinking; criminal associates; dysfunctional family; low levels of employment or education; poor use of leisure and recreation; and substance abuse;

(6) "Department," the Department of Corrections;

(7) "Evidence-based practices," supervision policies, procedures, and practices and treatment and intervention programs and practices that scientific research demonstrates reduce recidivism among individuals under correctional supervision;

(8) "Outcome measure," a metric that captures an agency's effectiveness in impacting a condition within the population served or condition of public safety;

(9) "Oversight council," the council established by § 16-22-21 ;

(10) "Parolee," an offender under parole or suspended sentence supervision by the Department of Corrections;

(11) "Performance measure," a metric that captures agency performance on critical variables that are central to accomplishing the agency mission and goals within this chapter;

(12) "Recidivism," a return to prison within three years of release due to a parole or suspended sentence violation or due to a prison sentence as a result of a new felony conviction. However, for the purposes of §§ 16-22-3 , 16-22-15 , and 16-22-24 , the term means being convicted of a felony while on probation supervision or within three years after discharge from probation;

(13) "Risk and needs assessment review," an examination of the results of a validated risk and needs assessment;

(14) "Secretary," the secretary of the Department of Corrections;

(15) "Treatment," when used in a criminal justice context, targeted interventions that focus on criminal risk factors in order to reduce the likelihood of criminal behavior and reflect evidence based practices;

(16) "Validated risk and needs assessment," an actuarial tool scientifically proven to determine a person's risk to reoffend and criminal risk factors, that when addressed, can reduce the person's likelihood of engaging in future criminal behavior.

Source: SL 2013, ch 101, § 1.
S.D. Codified Laws § 16-19-92 — SD Code / Title 16 / Chapter 19 / Section 16-19-92
Order transferring attorney to medical inactive status--Pending disciplinary proceedings
Status: in_force

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 until further order of the Court. Any pending disciplinary proceeding against the attorney shall be held in abeyance. An attorney transferred to medical inactive status shall not be permitted to practice law or act as a legal assistant except as provided by §§ 16-18-34.4 to 16-18-34.7 , inclusive. The Supreme Court shall enter such orders as are necessary to notify the attorney's clients of the attorney's change in status.

Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 6 (b); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XV (b); Supreme Court Rule 97-35; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-19-79 — SD Code / Title 16 / Chapter 19 / Section 16-19-79
Notice to opposing counsel and clients involved in litigation or administrative proceedings--Leave of court or agency to withdraw
Status: in_force

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 or suspension and the attorney's consequent inability to act as an attorney after the effective date of the disbarment or suspension. The notice to be given to the client shall advise the client of the importance of prompt substitution of another attorney of the client's own choice.

In the event the client does not obtain substitute counsel before the effective date of the disbarment or suspension, the disbarred or suspended attorney shall move in the court or agency in which the proceeding is pending for leave to withdraw.

The notice to be given to the attorney or attorneys for an adverse party shall state the mailing address and place of residence of the client of the disbarred or suspended attorney.

Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 8 (b); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XIII (b); SL 2016, ch 246 (Supreme Court Rule 16-57), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-18-26 — SD Code / Title 16 / Chapter 18 / Section 16-18-26
Misconduct by attorney as misdemeanor
Status: in_force

Every attorney at law who:

(1) Practices any deceit or collusion, or consents to the same with intent to deceive the court or any party;

(2) Intentionally delays his client's suit with a view to his own gain;

(3) Intentionally receives any money or allowance for or on account of any money which he has not paid or become answerable for;

(4) Makes a subsequent application to a different judge to stay the same trial of any criminal prosecution with knowledge that application for such stay has been made and denied without leave reserved to renew it, before a judge authorized to grant it; or

(5) Knowingly permits any person not his general law partner or a clerk in his office to sue out any process or to prosecute or defend any action in his name;

Source: PenC 1877, §§ 203, 210, 211; CL 1887, §§ 6403, 6410, 6411; RPenC 1903, §§ 206, 213, 214; RC 1919, §§ 3794, 3800, 3801; SDC 1939, § 13.1249; SL 1979, ch 150, § 19.
S.D. Codified Laws § 16-16-7.7 — SD Code / Title 16 / Chapter 16 / Section 16-16-7.7
Order of admission and duration
Status: in_force

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 shall remain in effect until the occurrence of the earliest of the following events:

(1) The announcement by the board of bar examiners of this state that such applicant has passed such examination and the applicant's subsequent admission to practice under § 16-16-17 , et seq.; or

(2) The termination of applicant's employment with the University of South Dakota law school or a change in the status of applicant's employment from full-time administrator or full-time faculty member to some other status; provided however, that the membership of such member admitted pursuant to § 16-16-7.6 will not terminate when the member's employment at the University of South Dakota School of Law terminates if the member has served as a full-time administrator or full-time member of that faculty and been admitted to the bar in South Dakota for a minimum of five of the seven years immediately preceding termination of the employment; or

(3) The termination of applicant's employment with the Unified Judicial System or a change in status of applicant's employment from state court administrator to some other status; or

(4) The termination by the Supreme Court of the applicant's admission under this section.

It shall be the duty of the individual to inform the Supreme Court immediately of the termination or change in status of applicant's employment.

Source: Supreme Court Rule 85-12; Supreme Court Rule 97-47; SL 2008, ch 282 (Supreme Court Rule 07-03), eff. Jan. 1, 2008.
S.D. Codified Laws § 16-23-10 — SD Code / Title 16 / Chapter 23 / Section 16-23-10
Annual report on status of program
Status: in_force

The Unified Judicial System shall annually file with the Legislative Research Council a report on the status of the program.

Source: SL 2013, ch 102, § 13.
S.D. Codified Laws § 16-19-41 — SD Code / Title 16 / Chapter 19 / Section 16-19-41
Reference for investigation and report in proceeding initiated by Supreme Court
Status: in_force

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, § 32.1213; SDCL § 16-19-6; Supreme Court Rule 78-1, Rule XX (e); SL 2016, ch 246 (Supreme Court Rule 16-27), eff. July 1, 2016.
S.D. Codified Laws § 16-2-61 — SD Code / Title 16 / Chapter 2 / Section 16-2-61
Alternative care program grants
Status: in_force

The Unified Judicial System shall initiate a request for proposal and publicize the availability of the grant funding and any procedures for obtaining grants pursuant to § 16-2-60 .

Source: SL 2016, ch 111, § 2, eff. Mar. 9, 2016.
S.D. Codified Laws § 16-19-70.4 — SD Code / Title 16 / Chapter 19 / Section 16-19-70.4
Judgment for costs against attorney
Status: in_force

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 16-19-70.2 .

Source: SL 1990, ch 442 (Supreme Court Rule 89-24); SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-2-44 — SD Code / Title 16 / Chapter 2 / Section 16-2-44
Use of court automation fund money
Status: in_force

Any money in the Unified Judicial System court automation fund shall be used by the Unified Judicial System to be used with any other moneys otherwise appropriated to pay necessary costs for court automation projects to improve information or case management systems or the administration of justice.

Source: SL 1990, ch 151, § 7.
S.D. Codified Laws § 16-13-49 — SD Code / Title 16 / Chapter 13 / Section 16-13-49
Permitting improper communication with jury as misdemeanor
Status: in_force

Every officer to whose charge any jury is committed by any court or magistrate, who negligently or intentionally permits them or any one of them:

(1) To receive any communication from any person;

(2) To make any communication to any person;

(3) To obtain or receive any book or paper; or

(4) To leave the jury room without the leave of such court or magistrate first obtained; is guilty of a Class 2 misdemeanor.

Source: PenC 1877, § 134; CL 1887, § 6334; RPenC 1903, § 140; RC 1919, § 3722; SDC 1939, § 13.1212; SL 1979, ch 150, § 4.
S.D. Codified Laws § 16-2-55 — SD Code / Title 16 / Chapter 2 / Section 16-2-55
Commission on Equal Access to Our Courts created
Status: in_force

There is hereby created the Commission on Equal Access to Our Courts. The commission shall consist of seven members appointed as follows:

(1) Three members by the Governor, one initially appointed for a term of one year, one initially appointed for a term of two years, and one for a term of three years, as designated by the Governor. The Governor shall appoint members who are not lawyers;

(2) Two members appointed by the Chief Justice of the Supreme Court, one initially appointed for a term of two years and one for a term of three years, as designated by the Chief Justice. The Chief Justice shall appoint members who are judges or lawyers;

(3) Two members appointed by the president of the State Bar of South Dakota, one initially appointed for a term of one year and one for a term of three years, as designated by the president. The president shall appoint members who are lawyers.

Thereafter, each appointment shall be for a term of three years, beginning on the first day of July. The commission members shall serve without compensation.

Source: SL 2008, ch 104, § 1.
S.D. Codified Laws § 16-18-34.3 — SD Code / Title 16 / Chapter 18 / Section 16-18-34.3
Ethical considerations
Status: in_force

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 violation was that of an employee. Thus, in order to secure compliance with the Rules of Professional Conduct more specifically as stated in chapter 16-18 , the following ethical guidelines are applicable to the attorney's use of nonlicensed assistants:

(1) An attorney shall ascertain the assistant's abilities, limitations, and training, and must limit the assistant's duties and responsibilities to those that can be competently performed in view of those abilities, limitations, and training.

(2) An attorney shall educate and train assistants with respect to the ethical standards which apply to the attorney.

(3) An attorney is responsible for monitoring and supervising the work of assistants in order to assure that the services rendered by the assistant are performed competently and in a professional manner.

(4) An attorney is responsible for assuring that the assistant does not engage in the unauthorized practice of law.

(5) An attorney is responsible for the improper behavior or activities of assistants and must take appropriate action to prevent recurrence of improper behavior or activities.

(6) Assistants who deal directly with an attorney's clients must be identified to those clients as nonlawyers, and the attorney is responsible for obtaining the understanding of the clients with respect to the rule of and the limitations which apply to those assistants.

(7) A legal assistant should understand the Rules of Professional Conduct and these rules in order to avoid any action which would involve the attorney in a violation of chapter 16-18 , or give the appearance of professional impropriety.

(8) An attorney takes reasonable measures to insure that all client confidences are preserved by a legal assistant.

(9) An attorney takes reasonable measures to prevent conflicts of interest resulting from a legal assistant's other employment or interest insofar as such other employment or interest would present a conflict of interest if it were that of the attorney.

(10) An attorney may include a charge for the work performed by a legal assistant in setting a charge for legal services.

(11) An attorney may not split legal fees with a legal assistant nor pay a legal assistant for the referral of legal business. An attorney may compensate a legal assistant based on the quantity and quality of the legal assistant's work and the value of that work to a law practice, but the legal assistant's compensation may not be, by advance agreement, contingent upon the profitability of the attorney's practice.

The violation of the ethical guidelines of this section by a paralegal or the supervising attorney shall be grounds for discipline of the supervising attorney under chapter 16-19 .

Source: Supreme Court Rule 97-25.
S.D. Codified Laws § 16-3-12 — SD Code / Title 16 / Chapter 3 / Section 16-3-12
Supreme Court declaration of judicial emergency by order--Contents
Status: in_force

The Supreme Court may declare the existence of a judicial emergency, which shall be done by order. The order shall state:

(1) The jurisdictions affected by the order;

(2) The nature of the emergency necessitating the order;

(3) The period or duration of the judicial emergency; and

(4) Notwithstanding the provisions of § 16-6-16 , any other information relevant to the suspension or restoration of court operations.

An order issued under this section takes effect immediately upon its issuance and may have retroactive effect to the extent specifically provided.

Source: SL 2007, ch 132, § 2.
S.D. Codified Laws § 16-18-34.1 — SD Code / Title 16 / Chapter 18 / Section 16-18-34.1
Minimum qualifications
Status: in_force

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 program of study for legal assistants; or

(3) Graduation from a course of study for legal assistants which is institutionally accredited but not ABA approved, and which requires not less than the equivalent of sixty semester hours of classroom study; or

(4) Graduation from a course of study for legal assistants, other than those set forth in (2) and (3) above, plus not less than six months of in - house training as a legal assistant; or

(5) A baccalaureate degree in any field, plus not less than six months in - house training as a legal assistant; or

(6) A minimum of three years of law - related experience under the supervision of a licensed attorney, including at least six months of in - house training as a legal assistant; or

(7) Two years of in - house training as a legal assistant.

Provided, further, that any legal assistant hereunder shall have a high school diploma or general equivalency diploma (GED).

For purposes of these standards, "in - house training as a legal assistant" means legal education of the employee by a licensed attorney concerning legal assistant duties and these guidelines. In addition to review and analysis of assignments, the legal assistant should receive a reasonable amount of instruction directly related to the duties and obligations of the legal assistant and the Rules of Professional Conduct as stated in this chapter.

Source: Supreme Court Rule 97-25.
S.D. Codified Laws § 16-16-15 — SD Code / Title 16 / Chapter 16 / Section 16-16-15
Board of Bar Examiners--Applications for admission--Investigations--Hearings--Confidentiality--Disciplinary Board
Status: in_force

The Board of Bar Examiners is empowered to make inquiries and investigations concerning the character, fitness and general qualifications of applicants for admission. In the conduct of investigations and upon hearings, the board may take and hear testimony and compel, by subpoena, the attendance of witnesses and the production of books, papers and documents. Any member of the board may administer oaths and issue subpoenas.

The contents of any report received by the Board of Bar Examiners relating to the character, fitness and general qualification of an applicant as well as the author of such report, shall be privileged and confidential between the author of the report and all members of the Board of Bar Examiners, its staff, and the applicant, and as appropriate, between the author of the report and the South Dakota Supreme Court. This rule of confidentiality does not prohibit the Board of Bar Examiners from furnishing relevant information to the Disciplinary Board when the board is conducting an investigation concerning the character, fitness and general qualifications of an attorney.

Source: Supreme Court Rule 3, Order No. 1, 1957; SDC Supp 1960, § 32.1103; Supreme Court Rule 84-15; Supreme Court Rule 95-10; SL 2003, ch 266 (Supreme Court Rule 03-7), eff. July 1, 2003.
S.D. Codified Laws § 16-2-29.4 — SD Code / Title 16 / Chapter 2 / Section 16-2-29.4
Waiver of filing fees--Dismissal of action if allegation of poverty untrue or action frivolous or malicious
Status: in_force

The court may, at any time after filing of the affidavit, dismiss any civil action, proceeding, or appeal if the allegation of poverty is found to be untrue or if satisfied that the action, proceeding, or appeal is frivolous or malicious.

Source: SL 1982, ch 171, § 3.
S.D. Codified Laws § 16-18-9 — SD Code / Title 16 / Chapter 18 / Section 16-18-9
Attorney's power to execute bonds and instruments for client
Status: in_force

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 an action, proceeding, or final judgment rendered therein.

Source: PolC 1877, ch 18, § 6, subdiv 1; CL 1887, § 467, subdiv 1; RPolC 1903, § 699, subdiv 1; RC 1919, § 5263 (1); Supreme Court Rule 14, 1939; SDC 1939 & Supp 1960, § 32.1202 (1).
S.D. Codified Laws § 16-2-29.5 — SD Code / Title 16 / Chapter 2 / Section 16-2-29.5
Records search fee
Status: in_force

The clerk of court shall charge a records search fee in the amount of twenty dollars for each record search conducted if the search is requested by a person who is not a party named in the action for which the search is being requested. The clerk shall charge a fee of five dollars if the requesting party certifies that the search is being requested in conjunction with a pending state or federal cause of action. A separate fee shall be charged for each name, whether individual or corporate, for which a search is requested. The clerk shall deposit the fee in accordance with § 16-2-43 . The clerk may not charge a records search fee if the search is requested by an attorney of record or any member of the attorney of record's law firm or staff.

Source: SL 1995, ch 115, § 2; SL 1997, ch 115, § 1; SL 2006, ch 112, § 1; SL 2012, ch 113, § 1, eff. Jan. 1, 2013.
S.D. Codified Laws § 16-19-96 — SD Code / Title 16 / Chapter 19 / Section 16-19-96
Waiver of physician-patient privilege by petition for reinstatement of attorney--Disclosure of names by petitioner
Status: in_force

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 privilege with respect to any treatment the attorney received that is relevant to that medical condition during the period of medical inactive status. The attorney shall be required to disclose the name of every psychiatrist, psychologist, physician, and hospital or other institution by whom or in which the attorney had been examined or treated for the medical condition since the attorney's transfer to medical inactive status and the attorney shall furnish to the Supreme Court written consent to each to divulge such information and records as requested by court-appointed medical experts.

Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 6 (f); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XV (f); SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-17-10 — SD Code / Title 16 / Chapter 17 / Section 16-17-10
Bylaws, rules, and regulations binding on members of bar--Violation as ground for discipline
Status: in_force

The bylaws, rules, and regulations heretofore adopted by the State Bar and approved by the Supreme Court, and which may hereafter be so adopted and approved as herein provided, are and shall be binding upon all members of the State Bar and the willful violation of any such bylaw, rule, or regulation by any member of the State Bar shall constitute sufficient grounds for the discipline of such member under the procedure set out in chapter 16-19 .

Source: SL 1931, ch 84, § 13; SDC 1939 & Supp 1960, § 32.1123; Supreme Court Rule 78-1, Rule XX(c).
S.D. Codified Laws § 16-19-20 — SD Code / Title 16 / Chapter 19 / Section 16-19-20
Inherent power of Supreme Court
Status: in_force

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.
S.D. Codified Laws § 16-6-9.2 — SD Code / Title 16 / Chapter 6 / Section 16-6-9.2
Facsimile transmissions--Applicable statutory requirements
Status: in_force

The circuit court may use facsimile transmission to accelerate the issuance, execution, and delivery of all papers, orders and warrants, including, but not limited to, the following:

(1) Criminal matters: arrest and search warrants;

(2) Juvenile matters: orders or warrants for taking a juvenile into custody and for the release or detention of the juvenile;

(3) Family matters: ex parte temporary orders for protection; and

(4) Civil cases: temporary restraining orders.

Unless modified herein, existing statutory requirements shall apply. Signatures, certifications, authentications, and other forms of verification on facsimiles shall have the same force and effect as their original counterparts.

Source: SL 1991, ch 450 (Supreme Court Rule 91-16).
S.D. Codified Laws § 16-19-89 — SD Code / Title 16 / Chapter 19 / Section 16-19-89
Petition by board for determination of attorney's competency to practice law--Directions for investigation
Status: in_force

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 condition as defined by subdivision 16-19-29(1). The Court may take or direct such action as it deems necessary to determine whether the medical condition adversely affects the attorney's ability to competently practice law, including the examination of the attorney by such qualified medical experts as the Court shall designate.

Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 6 (b); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XV (b); SL 1995, ch 305 (Supreme Court Rule 94-12); SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-19-81 — SD Code / Title 16 / Chapter 19 / Section 16-19-81
Record of compliance maintained by disbarred or suspended attorney--Condition precedent to reinstatement
Status: in_force

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 this chapter is a condition precedent to any petition for reinstatement.

Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 8 (e); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XIII (g); SL 2016, ch 246 (Supreme Court Rule 16-59), eff. July 1, 2016.
S.D. Codified Laws § 16-16-2.3 — SD Code / Title 16 / Chapter 16 / Section 16-16-2.3
Good moral character--Relevant conduct
Status: in_force

(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 misconduct;

(c) Making of false statements, including omissions;

(d) Misconduct in employment;

(e) Acts involving dishonesty, disloyalty, fraud, deceit, or misrepresentation;

(f) Abuse of legal process, including the filing of vexatious lawsuits;

(g) Neglect of financial responsibilities;

(h) Neglect of professional obligations;

(i) Violation of an order of a court, including child support orders;

(j) Evidence of mental or emotional instability;

(k) Evidence of drug or alcohol dependency or abuse;

(l) Denial of admission to the bar in another jurisdiction on character and fitness grounds;

(m) Disciplinary action against an applicant in any jurisdiction;

(n) Practicing law while not being so licensed.

The foregoing list is representative, not exclusive.

Source: SL 1990, ch 428 (Supreme Court Rule 89-10).
S.D. Codified Laws § 16-19-40 — SD Code / Title 16 / Chapter 19 / Section 16-19-40
Parties initiating investigations of attorney's conduct
Status: in_force

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; Supreme Court Rule 20, 1939; SDC 1939 & Supp 1960, § 32.1212; SDCL § 16-19-15 ; Supreme Court Rule 78-1, Rule XX (d); SL 2016, ch 246 (Supreme Court Rule 16-26), eff. July 1, 2016.
S.D. Codified Laws § 16-12B-18 — SD Code / Title 16 / Chapter 12B / Section 16-12B-18
Court practice prohibited to full-time magistrates
Status: in_force

No magistrate judge appointed on a full - time basis may act as counsel or be associated with others as counsel in any court of this state. Each magistrate judge is bound by the Code of Judicial Conduct adopted by the Supreme Court.

Source: SL 2003, ch 117, § 27.
S.D. Codified Laws § 16-16-2.2 — SD Code / Title 16 / Chapter 16 / Section 16-16-2.2
Good moral character--Quantum and burden of proof
Status: in_force

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 conditions of the conditional admission until satisfactory completion of the terms and conditions of admission.

Source: SL 1990, ch 427 (Supreme Court Rule 89-9); SL 1996, ch 315.
S.D. Codified Laws § 16-2-45 — SD Code / Title 16 / Chapter 2 / Section 16-2-45
Fee for filing divorce action--Distribution of fee
Status: in_force

The clerk of courts shall charge and collect a fee of fifty dollars for filing a divorce action. The fee shall be deposited in the county general fund as provided in § 16-2-30 . The county treasurer shall deposit half of the fee in the county domestic abuse program fund and half of the fee in the county general fund.

Source: SL 1993, ch 192, § 4.
S.D. Codified Laws § 16-19-86 — SD Code / Title 16 / Chapter 19 / Section 16-19-86
Board findings and recommendation on reinstatement--Placement on Supreme Court calendar
Status: in_force

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 Rule 78-1, Rule XIV (c); SL 2006, ch 340 (Supreme Court Rule 06-66), eff. July 1, 2006; SL 2016, ch 246 (Supreme Court Rule 16-64), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-15-2 — SD Code / Title 16 / Chapter 15 / Section 16-15-2
Disorderly behavior in presence of court as misdemeanor
Status: in_force

Every person guilty of any contempt of court by disorderly, contemptuous, or insolent behavior, committed during the sitting of any court of justice, in immediate view and presence of the court, and directly tending to interrupt its proceedings or to impair the respect due to its authority, is guilty of a Class 2 misdemeanor.

Source: PenC 1877, § 202, subdiv 1; CL 1887, § 6402, subdiv 1; RPenC 1903, § 205, subdiv 1; RC 1919, § 3793 (1); SDC 1939, § 13.1235 (1); SL 1979, ch 150, § 6.
S.D. Codified Laws § 16-2-50 — SD Code / Title 16 / Chapter 2 / Section 16-2-50
Definitions
Status: in_force

Terms used in §§ 23-3-52 , 23-3-53 , and 16-2-50 to 16-2-54 , inclusive, mean:

(1) "CASA," court appointed special advocate;

(2) "Commission," the Court Appointed Special Advocates Commission;

(3) "Fund," court appointed special advocates fund; and

(4) "Grant program," the court appointed special advocates grant program.

Source: SL 2003, ch 120, § 1.
S.D. Codified Laws § 16-19-52 — SD Code / Title 16 / Chapter 19 / Section 16-19-52
Notice to attorney of complaint and allegations
Status: in_force

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), eff. July 1, 2016.
S.D. Codified Laws § 16-18-2.9 — SD Code / Title 16 / Chapter 18 / Section 16-18-2.9
Qualifications of supervising lawyer--Professional responsibility
Status: in_force

A supervising lawyer under whose supervision a legal intern or extern does any of the things permitted by §§ 16-18-2.4 to 16-18-2.7 , inclusive, must be a lawyer authorized to practice law in this state, and:

(1) Must be a member of the South Dakota bar, in good standing, and shall certify such in writing; and

(2) Shall assume personal professional responsibility for the conduct of the legal intern or extern.

Source: Supreme Court Order No. 3, 1969; Supreme Court Rule 75-4, § 8; SL 2011, ch 257 (Supreme Court Rule 11-14), eff. July 1, 2011; Supreme Court Rule 25-04, eff. Feb. 21, 2025.
S.D. Codified Laws § 16-3-10 — SD Code / Title 16 / Chapter 3 / Section 16-3-10
Facsimile transmissions to Supreme Court justices
Status: in_force

Any facsimile transmission of motions, petitions, briefs, or any other type of pleading that an attorney proposed to transmit to a justice's home or office shall only be transmitted after the attorney or his/her representative has contacted the justice and received the justice's approval for the facsimile transmission. This procedure does not apply to any data transmitted by the Supreme Court clerk's office.

Source: SL 1992, ch 369 (Supreme Court Rule 92-4).
S.D. Codified Laws § 16-1-3.1 — SD Code / Title 16 / Chapter 1 / Section 16-1-3.1
Additional compensation of Chief Justice--Exclusion from retirement provisions
Status: in_force

The Chief Justice of the Supreme Court shall receive additional compensation for administrative duties in the sum of two thousand dollars. The additional compensation provided for by this section shall not be credited to the highest average annual compensation for retirement benefits under § 3-12C-1107 or 3-12C-1607 , or treated as compensation subject to contribution for retirement purposes under § 3-12C-401 .

Source: SL 1977, ch 6, § 11; SL 2019, ch 22, §§ 1, 45.
S.D. Codified Laws § 16-19-71 — SD Code / Title 16 / Chapter 19 / Section 16-19-71
Advice to Supreme Court of discipline in another jurisdiction--Copy of order filed--Conclusive evidence of misconduct
Status: in_force

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 the same with the Supreme Court. Except as provided by § 16-19-74 , a final adjudication in another jurisdiction that an attorney has been guilty of misconduct shall establish conclusively the misconduct for purposes of a disciplinary proceeding in this state.

Source: Supreme Court Rule 19, 1939; SDC 1939 & Supp 1960, § 32.1211; SDCL § 16-19-4 ; Supreme Court Rule 78-1, Rule XII (a), (e); SL 2006, ch 337 (Supreme Court Rule 06-63), eff. July 1, 2006; SL 2016, ch 246 (Supreme Court Rule 16-50), eff. July 1, 2016.
S.D. Codified Laws § 16-16-1 — SD Code / Title 16 / Chapter 16 / Section 16-16-1
License from Supreme Court required to practice law--Active membership in state bar--Violation as misdemeanor
Status: in_force

No person, except as provided in § 16-18-2 , may practice as an attorney and counselor at law in any court of record within this state, either by using or subscribing his or her own name or the name of any other person, without having previously obtained a license for that purpose from the Supreme Court of this state and having become an active member in good standing of the State Bar of South Dakota. A violation of this section is a Class 1 misdemeanor.

Source: SDC 1939 & Supp 1960, §§ 13.1255, 32.1101; SDCL, § 16-18-30; SL 1979, ch 150, § 14; SL 2001, ch 102, § 1.
S.D. Codified Laws § 16-19-70.1 — SD Code / Title 16 / Chapter 19 / Section 16-19-70.1
Costs and expenses of disciplinary proceedings
Status: in_force

(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 the discretion of the Supreme Court, be assessed against the attorney who is the subject of such proceeding.

(b) Attorney General. The attorney general shall pay the costs and expenses the attorney general's office incurs in the investigation or prosecution of any disciplinary proceeding under this chapter.

(c) Unified Judicial System. The Unified Judicial System shall pay the costs and expenses incurred by the referee, the court reporter, and witnesses when a disciplinary action is referred to a referee under § 16-19-67 .

Source: SL 1990, ch 439 (Supreme Court Rule 89-21); SL 2016, ch 246 (Supreme Court Rule 16-48), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-17-4 — SD Code / Title 16 / Chapter 17 / Section 16-17-4
Annual membership fee--Bylaws and rules governing fee and use of fund
Status: in_force

The annual membership fee for all members of the State Bar shall be such amount as the State Bar may from time to time determine. The State Bar shall continue to have power by the enactment of bylaws and rules as provided in §§ 16-17-7 and 16-17-8 to fix, determine, and change the time and manner of payment of such membership fee, the officer to receive payment thereof, the manner of disbursing the fund arising therefrom and the purposes for which such disbursements shall be made.

Source: SL 1931, ch 84, § 9; SDC 1939, § 32.1119; SL 1955, ch 128; SL 1963, ch 223.
S.D. Codified Laws § 16-13-37.1 — SD Code / Title 16 / Chapter 13 / Section 16-13-37.1
Magistrate court utilization of jury panels
Status: in_force

The petit jury panels selected pursuant to § 16-13-27 shall be utilized by the magistrate court as prescribed by the presiding judge of the circuit.

Source: SL 1972, ch 124; SL 1982, ch 172, § 25.
S.D. Codified Laws § 16-13-41 — SD Code / Title 16 / Chapter 13 / Section 16-13-41
Duty of jurors to appear when summoned
Status: in_force

Each grand and petit juror summoned shall appear before the court on the day and at the hour specified in the summons and shall not depart without leave of court.

Source: SL 1867-8, ch 19, § 10; PolC 1877, ch 19, § 11; CL 1887, § 445; RPolC 1903, § 720; RC 1919, § 5296; SDC 1939 & Supp 1960, § 32.1017.
S.D. Codified Laws § 16-12C-1 — SD Code / Title 16 / Chapter 12C / Section 16-12C-1
Appointment of clerk, deputy clerk as clerk magistrate--Valid in any circuit
Status: in_force

Any duly appointed clerk or any deputy clerk who meets the qualifications of a clerk magistrate may be appointed as a clerk magistrate. Any clerk or deputy clerk who has been appointed a clerk magistrate may act as such in any circuit of this state if placed on temporary duty assignment in another circuit.

Source: SL 2003, ch 117, § 28.
S.D. Codified Laws § 16-18-34 — SD Code / Title 16 / Chapter 18 / Section 16-18-34
Definition of legal assistant
Status: in_force

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, substantive and procedural law, the ethical considerations of the legal profession, and the Rules of Professional Conduct as stated in chapter 16-18 , which qualify them to do work of a legal nature under the employment and direct supervision of a licensed attorney. This rule shall apply to all unlicensed persons employed by a licensed attorney who are represented to the public or clients as possessing training or education which qualifies them to assist in the handling of legal matters or document preparation for the client.

Source: SL 1992, ch 370 (Supreme Court Rule 92-5); Supreme Court Rule 97-25.
S.D. Codified Laws § 16-18-8 — SD Code / Title 16 / Chapter 18 / Section 16-18-8
Assistance to or acceptance of employment from disbarred or suspended attorney as misdemeanor
Status: in_force

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 virtue of the power of attorney or other instrument or agency referred to in § 16-18-7 , is guilty of a Class 2 misdemeanor.

Source: SL 1919, ch 115, § 2; SDC 1939, § 13.1256; SL 1979, ch 150, § 16.
S.D. Codified Laws § 16-19-70.2 — SD Code / Title 16 / Chapter 19 / Section 16-19-70.2
Allowable costs and expenses
Status: in_force

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 Court against said attorney in favor of the State of South Dakota and/or the State Bar of South Dakota according to their respective interests. The assessments may cover the costs of a referee's mileage, meals, and rooms; a court reporter's mileage, meals, rooms, and transcript preparation; disciplinary counsel's mileage, meals, rooms, telephone charges, copying fees, and hourly charges for investigation and preparation for hearings, trials, and appeals, and appearances at hearings, trials, and appeals; witnesses' fees and mileage; and the board members' mileage, meals, and rooms, provided that proof of such costs shall be made as hereafter provided in § 16-19-70.3 .

Source: SL 1990, ch 440 (Supreme Court Rule 89-22); SL 2016, ch 246 (Supreme Court Rule 16-49), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-18-5.1 — SD Code / Title 16 / Chapter 18 / Section 16-18-5.1
Temporary waiver of admission requirements for nonresident defense counsel where county is experiencing significant increase in criminal cases
Status: in_force

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 county that is experiencing a significant increase in criminal cases such that the resources in that area cannot satisfy the needs of criminal defense if the Chief Justice deems that the waiver is necessary in the interest of the sound administration of justice.

Source: SL 2017, ch 42, § 2, eff. Mar. 13, 2017.
S.D. Codified Laws § 16-16-4 — SD Code / Title 16 / Chapter 16 / Section 16-16-4
Compensation and expenses of bar examiners and secretary
Status: in_force

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; Supreme Court Rule 76-5.
S.D. Codified Laws § 16-23-4 — SD Code / Title 16 / Chapter 23 / Section 16-23-4
Attorney eligibility to participate
Status: in_force

Any attorney licensed to practice in South Dakota may participate in the recruitment assistance program established under § 16-23-1 . A participating attorney shall agree to practice in an eligible rural county or municipality for at least five years. No more than thirty-two attorneys may participate in the program at any time.

Source: SL 2013, ch 102, § 4; SL 2015, ch 121, § 2; SL 2017, ch 93, § 6; SL 2019, ch 99, § 1.
S.D. Codified Laws § 16-22-23 — SD Code / Title 16 / Chapter 22 / Section 16-22-23
Meetings of oversight council--Termination--Powers and duties
Status: in_force

The oversight council shall meet within ninety days after appointment and shall meet at least semiannually thereafter. The oversight council terminates five years after its first meeting, unless the Legislature, by joint resolution, continues the oversight council for a specified period of time.

The oversight council has the following powers and duties:

(1) Review the recommendations of the criminal justice initiative work group in the final report dated November 2012, and track implementation and evaluate compliance with this chapter;

(2) Review performance and outcome measures proposed by the Department of Corrections, Unified Judicial System, and Department of Social Services;

(3) Review performance and outcome measure reports submitted semiannually by the Department of Corrections and Unified Judicial System pursuant to §§ 1-54-9 , 16-22-7 , 16-22-10 , 16-22-12 , 16-22-14 , 16-22-20 , 16-22-24 , 23A-47-8 , 24-15A-47 , 24-15A-49 , and 24-15A-53 and evaluate the impact of § 23A-4-3 ;

(4) Review of behavioral health intervention outcomes delivered to probationers and parolees administered by Department of Social Services pursuant to § 16-22-24 ;

(5) Review the payments of the reinvestment fund to counties, pursuant to § 1-15-36 , the number of probationers above the trend line, and the rate of felony convictions to prison and probation by each county;

(6) Review the number and length of stay of offenders admitted to the Department of Corrections, particularly in the categories included in this chapter;

(7) Review the activities of §§ 23A-27-18.1 , 32-23-4.1 , 32-23-4.6 , and 32-23-4.9 , including:

(a) The number of offenders supervised and the number of violations of the conditions pursuant to § 32-23-4.9 ; and

(b) The number and percent of offenders in § 23A-27-18.1 imprisoned in the county jail for more than one hundred eighty days; and

(8) Prepare and submit an annual summary report of the performance and outcome measures that are part of this chapter to the Legislature, Governor, and Chief Justice. The report should include recommendations for improvements and a summary of savings generated from this chapter.

Source: SL 2013, ch 101, § 69.
S.D. Codified Laws § 16-19-74 — SD Code / Title 16 / Chapter 19 / Section 16-19-74
Imposition of identical reciprocal discipline--Grounds for other disposition
Status: in_force

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 in notice or opportunity to be heard as to constitute a deprivation of due process; or

(2) That there was such an infirmity of proof establishing the misconduct that the Supreme Court could not, consistent with its duty, accept as final the conclusion on that subject; or

(3) That the misconduct established warrants substantially different discipline in this state; or

(4) That the attorney's conduct subject of discipline in another jurisdiction has been or is currently under investigation by the board.

Where the Supreme Court determines that any of said elements exist, the Supreme Court shall enter such other order as it deems appropriate.

Source: Supreme Court Rule 19, 1939; SDC 1939 & Supp 1960, § 32.1211; SDCL § 16-19-4 ; Supreme Court Rule 78-1, Rule XII (d); SL 2006, ch 339 (Supreme Court Rule 06-65), eff. July 1, 2006; SL 2016, ch 246 (Supreme Court Rule 16-53), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-2-27 — SD Code / Title 16 / Chapter 2 / Section 16-2-27
Continuing duties of clerks of court
Status: in_force

The duly elected or appointed clerks of courts shall continue to perform duties as follows:

(1) Duties, nonjudicial in nature, required by law to be performed until transferred by the Legislature to other appropriate officers, or until such duties are abolished, provided that in such event provision will be made for the transfer of all books and records as may be appropriate to carry out the intent of any such action; and

(2) Judicial duties involving civil, probate, or criminal procedure or remedies, whether heretofore prescribed by law or by rule of the Supreme Court, until further order of the Supreme Court.

Source: Supreme Court Order, October 29, 1973.
S.D. Codified Laws § 16-1-2.2 — SD Code / Title 16 / Chapter 1 / Section 16-1-2.2
Form of retention ballot
Status: in_force

The State Board of Elections shall promulgate rules pursuant to chapter 1-26 setting the deadline for requests from Supreme Court justices for inclusion on a retention ballot and prescribing the format of the Supreme Court justices' retention ballot.

Source: SL 1981, ch 164, § 3; SL 1998, ch 78, § 4.
S.D. Codified Laws § 16-13-4.1 — SD Code / Title 16 / Chapter 13 / Section 16-13-4.1
Jury selection list to consist of voter registration list supplemented by driver license and identification card lists
Status: in_force

For the purposes of this chapter, the jury selection list shall be prepared using electronic means by the state court administrator's office and shall consist of the current voter registration list obtained from the secretary of state, supplemented by the list of persons eighteen years of age and over holding a valid driver license or a state-issued nondriver identification card. The state court administrator's office shall annually merge these lists, and purge duplicate listings, to create an accurate jury selection list for preparing the master juror list in each county. The state court administrator's office may specify that the supplemental driver license and nondriver identification card lists be compiled from a list of those drivers within the county who have renewed, updated, or applied for a driver license in the last two years or from a list of persons in the county who have renewed, updated, or applied for a state-issued nondriver identification card in the last two years. The jury selection list may not be distributed, sold, or duplicated for any other purpose.

Source: SL 1972, ch 125, § 5 (2); SL 1991, ch 173; SL 1992, ch 153, § 4; SL 1998, ch 117, § 1; SL 2003, ch 118, § 1; SL 2014, ch 105, § 2; SL 2019, ch 98, § 1.
S.D. Codified Laws § 16-13-45 — SD Code / Title 16 / Chapter 13 / Section 16-13-45
Failure to appear for jury duty or return jury questionnaire as contempt of court--Penalty
Status: in_force

If any person summoned to appear as a grand juror or petit juror fails, refuses, or neglects to appear, or willfully fails to complete and return the jury questionnaire, or if having appeared, fails, without good case, to attend as required by the court, such person is guilty of contempt of the court and may be fined by the court in any sum not less than fifty nor more than five hundred dollars. If any person, when a second order of attachment is issued, neglects or refuses to appear, such person may be fined as above provided and imprisoned by the court not longer than ten days in the county jail.

Source: SL 1867-8, ch 19, § 15; PolC 1877, ch 19, § 15; CL 1887, § 445E; RPolC 1903, § 723; RC 1919, § 5299; SDC 1939 & Supp 1960, § 32.1020; SL 2013, ch 100, § 1.
S.D. Codified Laws § 16-19-43 — SD Code / Title 16 / Chapter 19 / Section 16-19-43
Investigation or reference for investigation and report in proceeding initiated by the board
Status: in_force

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 XX(g); SL 2016, ch 246 (Supreme Court Rule 16-29), eff. July 1, 2016.
S.D. Codified Laws § 16-2-62 — SD Code / Title 16 / Chapter 2 / Section 16-2-62
Report of grant recipient
Status: in_force

The recipient of any such grant shall prepare a report containing information on the results and outcomes for program participants including: completion rates, termination rates, graduation rates, and recidivism data. The report shall be submitted to the Legislature no later than November 15, 2017.

Source: SL 2016, ch 111, § 3, eff. Mar. 9, 2016.
S.D. Codified Laws § 16-21A-2 — SD Code / Title 16 / Chapter 21A / Section 16-21A-2
Electronic filing
Status: in_force

(1) Documents filed electronically in the circuit courts or magistrate courts, excluding small claims, shall be submitted through the Odyssey 7 electronic filing system in all counties where available. Any user shall be required to register with the court and designate an email address prior to using the electronic filing system. The presiding judge of a judicial circuit may direct that small claims cases be filed through the electronic filing system except as specifically exempted by these rules or court order.

(2) Effective July 1, 2014, except as specifically exempted by these rules or court order, all filings, notices, petitions, pleadings, motions, briefs or documents, with the exception of small claims, shall be filed electronically for all civil case types. For criminal case types all documents, except the initiating pleading or documents specifically exempted by these rules or court order, shall be filed electronically. Self-represented litigants may file electronically, but shall not be required to file electronically. On a showing of good cause, an attorney required to file electronically may be granted leave of court to file paper documents with the clerk of court. The service of any summons or subpoena shall follow the requirements of § 15-6-4 or 15-6-45(c) as applicable.

(3) Registered users will receive electronic notice when documents are entered into the system. Registration for electronic filing constitutes written consent to electronic service of all documents filed in accordance with these rules and the Rules of Civil Procedure. Electronic service through the electronic filing system shall be deemed service by electronic mail transmission for purposes of calculating any prescribed period.

(4) Documents that will not be accepted for electronic filing, unless otherwise directed to be filed electronically by the court, include:

(a) New criminal case initiating documents;

(b) Motions requesting that a document be sealed and original sealed documents;

(c) Trial or hearing exhibits;

(d) Wills to be retained for safekeeping pursuant to § 29A-2-515 ;

(e) Oversized documents that cannot be scanned effectively;

(f) Documents not of sufficient graphical quality to be legible when scanned;

(g) Discovery documents as provided by § 15-6-5(g); and

(h) Any other documents directed by the court not to be filed electronically.

(5) A document filed or served electronically has the same legal effect as a paper document.

(6) Any signature on a document filed electronically is considered that of the attorney or party it purports to be for all purposes. If it is established that the documents were transmitted without authority, the court shall strike the filing.

(7) Documents requiring signatures of more than one party may be electronically filed either by (a) submitting a scanned document containing all necessary signatures; (b) identifying on the document the parties whose signatures are required and by the submission of a notice of endorsement by the other parties no later than seven days after filing; or (c) in any other manner approved by the court. When filing documents that require signatures from other parties, it is not permissible to insert a "/s/" for another person's signature.

(8) All paragraphs, excluding attachments, shall be numbered in all documents, except briefs, filed electronically. Reference to material in such documents shall be to paragraph number, not page number.

Source: SL 2014, ch 254 (Supreme Court Rule 13-12 ), eff. July 1, 2014; SL 2018, ch 292 (Supreme Court Rule 18-01), eff. July 1, 2018; SL 2019, ch 219 (Supreme Court Rule 18-13), eff. July 1, 2018.
S.D. Codified Laws § 16-22-17 — SD Code / Title 16 / Chapter 22 / Section 16-22-17
Promulgation of rules regarding earned discharge credits
Status: in_force

The Supreme Court shall establish rules pursuant to § 16-3-1 for the criteria and procedure for earning and awarding earned credits for discharge from probation.

Source: SL 2013, ch 101, § 22.
S.D. Codified Laws § 16-22-27 — SD Code / Title 16 / Chapter 22 / Section 16-22-27
Report by grant recipient
Status: in_force

The recipient of any such grant shall prepare a report containing information on the results and outcomes for program participants including: completion rates, termination rates, graduation rates, and recidivism data. The report shall be submitted to the Legislature no later than November 15, 2016.

Source: SL 2015, ch 120, § 3, eff. Mar. 19, 2015.
S.D. Codified Laws § 16-1A-9 — SD Code / Title 16 / Chapter 1A / Section 16-1A-9
Recommendations by commission
Status: in_force

Based upon its findings the Commission on Judicial Qualifications shall make a recommendation either that no further action be taken or that the judge investigated be censured, suspended, removed, or retired.

Source: SL 1973, ch 136, § 10; Supreme Court Rule 82-5; Supreme Court Rule 84-11.
S.D. Codified Laws § 16-1A-5 — SD Code / Title 16 / Chapter 1A / Section 16-1A-5
Chairman of commission--Majority required for action
Status: in_force

The commission shall elect one of its members to serve as chairman for a term prescribed by the commission. No act of the commission is valid unless concurred in by a majority of its members.

Source: SL 1973, ch 136, § 5.
S.D. Codified Laws § 16-12B-3 — SD Code / Title 16 / Chapter 12B / Section 16-12B-3
Authority to solemnize marriages--Fees
Status: in_force

A magistrate judge appointed pursuant to this chapter may solemnize marriages. The clerk of courts shall collect a fee of twenty dollars for a magistrate's performance of a marriage. The clerk of courts shall remit fees collected under this section to the state treasurer for deposit in the state general fund.

Source: SL 2003, ch 117, § 12.
S.D. Codified Laws § 16-2-21 — SD Code / Title 16 / Chapter 2 / Section 16-2-21
Presiding judges--Appointment--Administrative powers and duties--Court held in each county
Status: in_force

The presiding judge in each judicial circuit, to be appointed by the Chief Justice, subject to the rules of the Supreme Court, has administrative supervision and authority over the operation of the circuit courts, the courts of limited jurisdiction, and clerks and other court personnel in the circuit. These powers and duties include the following:

(1) Arranging schedules and assigning circuit judges for sessions of circuit courts;

(2) Arranging or supervising the calendaring of matters for trial or hearing;

(3) Appointing clerks, deputies and other personnel within the circuit to make available their services in every county in the circuit and supervising the personnel in the discharge of their functions;

(4) Assigning matters and duties to clerks, and prescribing times and places at which clerks shall be available for the performance of their duties;

(5) Making arrangements with proper authorities for the drawing of jury panels and determining which sessions must be jury sessions;

(6) Arranging for the reporting of cases by court reporters or other authorized means;

(7) Arranging for the orderly disposition of specialized matters, including traffic, domestic relations, and proceedings under chapters 26-7A , 26-8A , 26-8B , and 26-8C ;

(8) Promulgating a schedule of offenses for which magistrates or other designated persons may accept written appearances, waivers of trial, and pleas of guilty, and establishing a schedule of fines and bails therefor;

(9) Assigning to other circuit judges in the circuit various powers and duties in this chapter provided;

(10) Periodically reviewing the performance and application by magistrates, clerks and deputy clerks of schedules they are to follow, and correcting, with or without the request of the person affected, erroneous application thereof.

The presiding judge shall arrange that a circuit judge is available to hold court in the county seat of each county in the circuit as necessary to distribute the work of the courts, alleviate congestion, and secure the prompt disposition of cases for each county.

Source: SDC 1939 & Supp 1960, § 33.1205; SDCL § 16-6-19 ; SL 1973, ch 130, § 5; SL 1975, ch 162, § 2; SL 1998, ch 113, § 1; SL 2011, ch 107, § 1; SL 2021, ch 86, § 2.
S.D. Codified Laws § 16-18-24 — SD Code / Title 16 / Chapter 18 / Section 16-18-24
Lien as justification for withholding money from client
Status: in_force

When the attorney claims to be entitled to a lien upon the money or property, he is not liable to the penalties of § 16-18-23 until the person demanding the money or property proffers sufficient security for the payment of the amount of the attorney's claim when it is legally ascertained.

Source: PolC 1877, ch 18, § 18; CL 1887, § 479; RPolC 1903, § 706; RC 1919, § 5269; SDC 1939, § 13.1257.
S.D. Codified Laws § 16-12B-15 — SD Code / Title 16 / Chapter 12B / Section 16-12B-15
Record of proceedings--Appeal
Status: in_force

Except in a small claims proceeding, a verbatim record of all proceedings and evidence at trial before a magistrate court, with a magistrate judge presiding, must be maintained either by an electronic device or by stenographic means, as the magistrate may direct. If no record is kept, the appeal, if appeal is authorized by law, is de novo in circuit court.

Source: SL 2003, ch 117, § 24; SL 2025, ch 89, § 1.
S.D. Codified Laws § 16-19-93 — SD Code / Title 16 / Chapter 19 / Section 16-19-93
Reinstatement order required before attorney on medical inactive status resumes practice
Status: in_force

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.
S.D. Codified Laws § 16-16-5 — SD Code / Title 16 / Chapter 16 / Section 16-16-5
Duty of bar examiners--Rules and regulations
Status: in_force

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.

Source: Supreme Court Rule 3, Order No. 1, 1957; SDC Supp 1960, § 32.1103.
S.D. Codified Laws § 16-5-25 — SD Code / Title 16 / Chapter 5 / Section 16-5-25
Adjournment of circuit court term--Resumption of business on day fixed
Status: in_force

Any regular or special term of the circuit court may be adjourned, by order entered in the minutes, to any day preceding the first day of the next regular term in the county in which the court is being held, at which time the business of the court shall be resumed as if no adjournment had taken place.

Source: SL 1890, ch 76, § 10; RPolC 1903, § 663; RC 1919, § 5183; SDC 1939 & Supp 1960, § 33.1103.
S.D. Codified Laws § 16-6-29 — SD Code / Title 16 / Chapter 6 / Section 16-6-29
Circuit judge as judge in any circuit--Effect of acts in other circuits--Separation from office
Status: in_force

A judge of the circuit court is a judge of the circuit court in the State of South Dakota and in any circuit in which he acts as a judge. The orders, judgments, and decrees of a circuit judge acting in a county other than one in his own circuit shall be as effectual for all purposes as though made by a judge regularly elected and qualified therein; and such judge so acting, so long as he is a circuit judge, may thereafter enforce, amend, or vacate any order, decree, or judgment made by him, but in case of his separation from office or upon his request, the judge regularly elected for such circuit shall have such power and authority.

Source: SDC 1939 & Supp 1960, § 33.1206; SL 1973, ch 130, § 7.
S.D. Codified Laws § 16-2-39.1 — SD Code / Title 16 / Chapter 2 / Section 16-2-39.1
Court automation surcharge for small claims actions after June 30, 2015
Status: in_force

After June 30, 2015, notwithstanding § 16-2-39 , in each small claims action, the clerk of courts shall collect as a unified judicial system court automation surcharge the sum of six dollars if the amount in controversy is less than four thousand dollars and eight dollars if the amount in controversy is four thousand dollars or more.

Source: SL 2010, ch 107, § 4, eff. Feb. 25, 2010.
S.D. Codified Laws § 16-12A-2.3 — SD Code / Title 16 / Chapter 12A / Section 16-12A-2.3
Court with magistrate judge as court of record
Status: in_force

Any magistrate court with a magistrate judge presiding is a court of record. However, no magistrate court with a clerk magistrate presiding is a court of record.

Source: SL 2003, ch 117, § 3.
S.D. Codified Laws § 16-19-53 — SD Code / Title 16 / Chapter 19 / Section 16-19-53
Methods of investigation to be used--Informal conference
Status: in_force

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); SL 2016, ch 246 (Supreme Court Rule 16-35), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-3-15 — SD Code / Title 16 / Chapter 3 / Section 16-3-15
Notice of order declaring judicial emergency
Status: in_force

Upon the issuance of a judicial emergency order, or any modification or extension of such an order, notice shall be given to the justices of the Supreme Court, the clerk of the Supreme Court, the judges and clerks of the court for the affected jurisdictions, litigants, attorneys and the public. Notice may be provided by whatever means is reasonably calculated to reach such persons under the circumstances and may, without limitation, include mailing, publication in newspapers of local or statewide circulation, posting of written notices at courthouses or other public gathering sites, transmittal by facsimile or e-mail, or announcement on television, radio, or public address systems.

Source: SL 2007, ch 132, § 5.
S.D. Codified Laws § 16-18-27 — SD Code / Title 16 / Chapter 18 / Section 16-18-27
Attorneys for public agencies may permit use of name or office
Status: in_force

Subdivision 16-18-26(5) shall not apply where the attorney general, state's attorney, or any public prosecutor or attorney for a public body permits the use of his name or office by an attorney chosen by any party in interest to sue, prosecute, defend, or participate in any action or proceeding authorized by law to be sued, prosecuted, or defended in the name of the state, the people, or of any public officer, board, or representative group of the same or any political subdivision or public district thereof.

Source: PenC 1877, § 212; CL 1887, § 6412; RPenC 1903, § 215; RC 1919, § 3802; SDC 1939, § 13.1249.
S.D. Codified Laws § 16-12A-1.1 — SD Code / Title 16 / Chapter 12A / Section 16-12A-1.1
"Magistrate" defined--License to practice law required
Status: in_force

As used in this chapter, the term, magistrate, means a clerk magistrate or a magistrate judge appointed under the authority of this chapter. Any magistrate judge appointed under the authority of this chapter shall be licensed to practice law in the State of South Dakota.

Source: SL 2003, ch 117, § 1.
S.D. Codified Laws § 16-22-16 — SD Code / Title 16 / Chapter 22 / Section 16-22-16
Case history--Transfer to Department of Corrections
Status: in_force

If a probationer is sentenced to a term of imprisonment in a state correctional facility, the Unified Judicial System shall transfer the case history of the probationer including the results of a risk and needs assessment conducted on the probationer to the Department of Corrections.

Source: SL 2013, ch 101, § 19, eff. Oct. 1, 2013; SL 2023, ch 82, § 6.
S.D. Codified Laws § 16-12B-1.1 — SD Code / Title 16 / Chapter 12B / Section 16-12B-1.1
Number of magistrate judges
Status: in_force

The number of magistrate judges in the judicial circuits established by § 16-5-1.2 is fixed as follows:

(1) First Circuit: Two full-time magistrate judges;

(2) Second Circuit: Five full-time magistrate judges;

(3) Third Circuit: Two full-time magistrate judges;

(4) Fourth Circuit: Two full-time magistrate judges;

(5) Fifth Circuit: One full-time magistrate judge;

(6) Sixth Circuit: One full-time magistrate judge; and

(7) Seventh Circuit: Four full-time magistrate judges.

Source: § 16-12A-3.1; SL 2004, ch 317 (Supreme Court Rule 03-16), eff. Jan. 1, 2004; SL 2013, ch 264 (Supreme Court Rule 13-03), eff. Feb. 14, 2013; SL 2015, ch 263 (Supreme Court Rule 15-01), eff. Jan. 16, 2015; SL 2016, ch 243 (Supreme Court Rule 16-04), eff. July 1, 2016; SL 2020, ch 245 (Supreme Court Rule 19-15), eff. May. 1, 2019; SL 2024, ch 237 (Supreme Court Rule 23-16), eff. June 15, 2023.
S.D. Codified Laws § 16-16-7.3 — SD Code / Title 16 / Chapter 16 / Section 16-16-7.3
Order of admission--Duration
Status: in_force

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 section shall remain in effect until the occurrence of the earliest of the following events:

(1) The failure to sit for the first bar examination administered by the Board of Bar Examiners subsequent to the order of admission; or

(2) The announcement by the Board of Bar Examiners of this state of the results of the first bar examination following the applicant's admission under this section, provided, however, that as to any applicant who passes such examination his or her admission under this section shall continue in effect for sixty days, during which time applicant may proceed to be admitted to practice pursuant to § 16-16-17 ; or

(3) The termination of the applicant's employment with the legal aid bureau or public defender agency under which the applicant was admitted under this section; or

(4) The termination by the Supreme Court of the applicant's admission under this section.

It shall be the duty of the supervising attorney of the legal aid bureau or public defender agency by whom such attorney is employed under § 16-16-7.2 to inform the Supreme Court immediately of the termination of employment of such attorney admitted to practice pursuant to this section.

For the purpose of subdivisions (1) and (2) above, the bar examination referred to means the combined Multistate Essay Examination which includes an Indian Law question, and Multistate Performance Test, and the Multistate Bar Examination administered by the Board of Bar Examiners as well as the Multistate Professional Responsibility Examination.

Source: Supreme Court Rule 76-6; Supreme Court Rule 80-5; Supreme Court Rule 84-3; SL 1998, ch 312; SL 2014, ch 264 (Supreme Court Rule 14-05), eff. July 1, 2014.
S.D. Codified Laws § 16-20-2 — SD Code / Title 16 / Chapter 20 / Section 16-20-2
General
Status: in_force

(a) Expanded media coverage or audio media coverage must be conducted in conformity with applicable statutes, rules, and caselaw.

(b) Nothing herein shall alter the obligation of any attorney to comply with the provisions of the Rules of Professional Conduct governing trial publicity.

(c) Except as otherwise provided by these rules, electronic recording by moving camera, still camera, and audio device, and broadcasting is prohibited as to all judicial proceedings in a courtroom during sessions of a trial court. This prohibition does not apply to the use of cameras in a courtroom for courtroom security purposes, the videotaped or audio recording of proceedings to create the official record of a case, or to interactive video hearings.

(d) If the court and all parties consent in writing or on the record at least one week prior to the commencement of a judicial proceeding, the court may authorize expanded media coverage of the proceeding under the conditions and standards set forth in these rules.

(e) If the court consents in writing or on the record at least one week prior to the commencement of a judicial proceeding, it may authorize audio media coverage of the proceeding, or a portion thereof, under the conditions and standards set forth in these rules that are applicable to audio coverage.

Source: SL 2011, ch 233 (Supreme Court Rule 10-09), eff. July 1, 2011.
S.D. Codified Laws § 16-12A-2.2 — SD Code / Title 16 / Chapter 12A / Section 16-12A-2.2
Magistrate court established within each circuit
Status: in_force

Pursuant to the provisions of S.D. Const., Art. V, § 4, there is hereby established within each judicial circuit a magistrate court.

Source: SL 2003, ch 117, § 2.
S.D. Codified Laws § 16-18-6 — SD Code / Title 16 / Chapter 18 / Section 16-18-6
Contracts and powers of disbarred attorney void
Status: in_force

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 proceedings in any court of this state in behalf of the person or persons executing such power of attorney, contract, or other instrument, shall be and the same is hereby declared to be null and void.

Source: SL 1919, ch 115, § 1; SDC 1939 & Supp 1960, § 32.1207.
S.D. Codified Laws § 16-22-7 — SD Code / Title 16 / Chapter 22 / Section 16-22-7
Semiannual drug court performance report
Status: in_force

The Unified Judicial System shall semiannually report performance measures on drug courts to the oversight council.

Source: SL 2013, ch 101, § 7.
S.D. Codified Laws § 16-17-4.1 — SD Code / Title 16 / Chapter 17 / Section 16-17-4.1
Senior emeritus status
Status: in_force

Notwithstanding any provision to the contrary, there is hereby created emeritus status for members of the State Bar.

Eligibility: A member of the State Bar who is or has maintained active status in the State Bar and is retired or is retiring from the judiciary or the active practice of law.

Privileges: A lawyer taking emeritus status shall have all the rights and privileges of an active member of the State Bar except that the lawyer may not practice law except as hereinafter provided: emeritus status lawyers may represent, on a pro bono basis, only such clients as are referred to the lawyer by East River Legal Services, Dakota Plains Legal Services, Access to Justice, or such other pro bono program recognized and approved by the State Bar.*

Dues: Annual dues for emeritus status are such dues as are approved by the Supreme Court from time to time for inactive status.

Registration: Lawyers taking emeritus status shall file an emeritus registration form prepared by the Secretary-Treasurer of the State Bar, who shall thereafter advise the legal services programs, Access to Justice and other approved pro bono referral programs of the availability of the emeritus lawyer to take pro bono referrals.

* Comment: Emeritus status is intended only to allow a retired judge or lawyer to contribute to society and the profession by taking pro bono referrals from an approved legal services program. Representation of friends, neighbors and relatives, even if no fee is charged, is not permitted.

Source: SL 2008, ch 283 (Supreme Court Rule 07-04), eff. Jan. 1, 2008.
S.D. Codified Laws § 16-1A-12 — SD Code / Title 16 / Chapter 1A / Section 16-1A-12
Suspension of judge on conviction of crime--Reversal of conviction--Removal when conviction final
Status: in_force

On recommendation of the commission or on its own motion, the Supreme Court may suspend a judge from office without salary when he pleads guilty or no contest, or is found guilty of a crime punishable as a felony under South Dakota or federal law, or of any crime that involves moral turpitude. If his conviction is reversed, the suspension shall terminate, and he shall be paid his salary for the period of suspension. If he is suspended and his conviction becomes final the Supreme Court shall remove him from office.

Source: SL 1973, ch 136, § 12.
S.D. Codified Laws § 16-16-2.6 — SD Code / Title 16 / Chapter 16 / Section 16-16-2.6
Criminal background investigation required--Procedure--Results furnished to board
Status: in_force

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 Examiners shall submit completed fingerprint cards to the Division of Criminal Investigation prior to admittance of an applicant. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Division of Criminal Investigation to the Federal Bureau of Investigation for a national criminal history record check. The results of the criminal history check shall be given to the Board of Bar Examiners to determine an applicant's qualification for admission pursuant to §§ 16-16-2 to 16-16-2.3 , inclusive.

Source: SL 2003, ch 119, § 1.
S.D. Codified Laws § 16-18-2.4 — SD Code / Title 16 / Chapter 18 / Section 16-18-2.4
Consent and approval for appearance by legal intern or extern--Authority for appearance in civil and criminal matters
Status: in_force

A legal intern or extern may appear and participate in any proceeding in any court or before any administrative agency in this state on behalf of any person in the following matters and under the following circumstances:

(1) In any civil matter. In such matters a supervising lawyer shall certify to the court or the administrative agency, orally or in writing, that the client has consented to the appearance of the legal intern or extern. A supervising lawyer is required to be personally present in court or before the administrative agency at each appearance by a legal intern.

(2) In any criminal or quasi-criminal matter, and whether the defendant does or does not have the right to the assignment of counsel under any constitutional provision, statute, or rule of the Supreme Court of this state or of the United States. In such matters the client shall consent in writing and a supervising lawyer shall approve in writing the appearance by the legal intern or extern and the supervising lawyer shall be personally present throughout the proceedings.

Source: Supreme Court Order No. 3, 1969; Supreme Court Rule 75-4, § 3; SL 2011, ch 242 (Supreme Court Rule 10-18 ), eff. July 1, 2011; SL 2011, ch 252 (Supreme Court Rule 11-09), eff. July 1, 2011.
S.D. Codified Laws § 16-19-47 — SD Code / Title 16 / Chapter 19 / Section 16-19-47
Processing not to be deferred because of similarity to other pending litigation
Status: in_force

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.
S.D. Codified Laws § 16-2-34 — SD Code / Title 16 / Chapter 2 / Section 16-2-34
Distribution of fines and penalties collected for violation of local ordinances
Status: in_force

Thirty - five percent of all fines, penalties, and forfeitures collected by or through the use of a circuit or magistrate court, clerk, or other court officer for violations of a county, township, municipal or chartered governmental unit's ordinance, charter, or bylaw, shall be paid into the state general fund as provided by chapter 4-3 and sixty - five percent to the appropriate government subdivision treasurer.

Source: SL 1974, ch 158, § 4; SL 1975, ch 162, § 6; SL 1977, ch 177; SL 1983, ch 162, § 4.
S.D. Codified Laws § 16-16-7.2 — SD Code / Title 16 / Chapter 16 / Section 16-16-7.2
Certificates and affidavits filed with application
Status: in_force

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 attorney that he is licensed to practice in South Dakota; that the applicant, upon admission, will be employed by and associated with the legal aid bureau or public defender agency; and, that the supervising attorney has found the applicant to be a reputable attorney and recommends his or her admission to practice.

Source: Supreme Court Rule 76-6.
S.D. Codified Laws § 16-21A-8 — SD Code / Title 16 / Chapter 21A / Section 16-21A-8
Original documents
Status: in_force

An original document submitted for filing in paper form may be scanned by the clerk of court and destroyed after thirty days. A party may request the return of any original document filed with the clerk of court by submitting a document request return form with the document when it is delivered for filing along with a self-addressed stamped envelope. See Appendix "Document Return Request Form."

Source: SL 2014, ch 254 (Supreme Court Rule 13-12 ), eff. July 1, 2014.
S.D. Codified Laws § 16-1A-8 — SD Code / Title 16 / Chapter 1A / Section 16-1A-8
Employment of personnel by commission--Compensation of witnesses--Counsel
Status: in_force

The commission may employ officers, assistants, and other employees which it considers necessary for the performance of the duties and exercise of the powers conferred upon the commission, it may arrange for and compensate medical and other experts and reporters, may arrange for the attendance of witnesses, including witnesses not subject to subpoena, and may pay from funds available to it all expenses reasonably necessary for effectuating the purposes of S.D. Const., Art. V, § 9. The attorney general shall, if requested by the commission, act as its counsel generally or in any particular investigation or proceeding. The commission may employ special counsel from time to time when it considers it necessary.

Source: SL 1973, ch 136, § 9.
S.D. Codified Laws § 16-17-11 — SD Code / Title 16 / Chapter 17 / Section 16-17-11
Membership lists furnished to clerks of court by State Bar
Status: in_force

It shall be the duty of the secretary of the State Bar to furnish the clerk of courts of each organized county in the state, the clerk of the Supreme Court, and the clerk of the United States District Court for the District of South Dakota, a list of the names of active members of the State Bar in good standing, such lists to be furnished as of the fifteenth day of March of each year, and corrections and additions to such list shall be furnished as occasion may arise.

Source: State Bar Bylaws, § 21, August 26, 1932, approved by Supreme Court September 14, 1932; SDC 1939 & Supp 1960, § 32.1120.