S.D. Codified Laws § 16-12C-2 — SD Code / Title 16 / Chapter 12C / Section 16-12C-2
Educational qualifications of clerk magistrate
Status: in_force

No person is eligible for appointment to the office of clerk magistrate unless such person is a graduate of a high school or has attained the equivalent of a high school education as indicated by the possession of a certificate of equivalency issued by the State Department of Education or the former Department of Public Instruction or the former Division of Elementary and Secondary Education based upon the record made on the general education development test.

Source: SL 2003, ch 117, § 29.
S.D. Codified Laws § 16-1A-11 — SD Code / Title 16 / Chapter 1A / Section 16-1A-11
Participating judge disqualified from sitting in appeal
Status: in_force

A judge who has participated in proceedings involving a judge may not participate in an appeal involving that judge in that particular matter.

Source: SL 1973, ch 136, § 14.
S.D. Codified Laws § 16-16-16.1 — SD Code / Title 16 / Chapter 16 / Section 16-16-16.1
Review by Supreme Court of Bar Examiners' decision on ADA request
Status: in_force

If an applicant be aggrieved by the decision of the Board of Bar Examiners as to a request made under the Americans with Disabilities Act (ADA), the secretary of the board shall transmit the applicant's file and other available information to the Supreme Court for review. The Court shall thereupon conduct such proceedings as it deems necessary to a decision as to the ADA request. The decision of the Court shall be communicated by the secretary to the applicant and shall be final. Any such request for review must be filed with the Court within ten days of the decision of the Board of Bar Examiners.

Source: SL 2003, ch 270 (Supreme Court Rule 03-12).
S.D. Codified Laws § 16-13-19 — SD Code / Title 16 / Chapter 13 / Section 16-13-19
Additional selections if master list inadequate
Status: in_force

If the master list proves to be inadequate to provide such panels as may be ordered, the court may order that additional names be placed on the master list. The additional selections shall substantially conform to the apportionment and manner of selection of the original list, as set forth in § 16-13-9.2 .

Source: SL 1935, ch 85, § 9; SDC 1939 & Supp 1960, § 32.1008; SL 1982, ch 172, § 14.
S.D. Codified Laws § 16-13-27 — SD Code / Title 16 / Chapter 13 / Section 16-13-27
Electronic selection system used to fill jury panels
Status: in_force

The clerk of courts shall use an electronic selection system to fill the jury panels with names from the master jury list. The clerk of courts shall sign the list to indicate that the selection was fairly performed to the best of the clerk's knowledge.

Source: SL 1935, ch 85, § 10; SL 1937, ch 91; SDC 1939 & Supp 1960, § 32.1011; SL 1972, ch 125, § 19; SL 1982, ch 172, § 19; SL 1983, ch 163, § 4; SL 1992, ch 153, § 15; SL 2015, ch 118, § 2.
S.D. Codified Laws § 16-16-2.1 — SD Code / Title 16 / Chapter 16 / Section 16-16-2.1
Standard of good moral character
Status: in_force

Good moral character, required by § 16-16-2 , includes but is not limited to qualities of honesty, candor, trustworthiness, diligence, reliability, observance of fiduciary and financial responsibility, and respect for the rights of others and for the judicial process. Any fact reflecting a deficiency of good moral character may constitute a basis for denial of admission. In addition, the failure of an applicant to answer truthfully any question in the application or any question propounded by the Board of Bar Examiners, or the failure to supply any documentary material requested by the Board of Bar Examiners, will justify a finding that the applicant has not met the burden of proving good moral character.

Source: SL 1990, ch 426 (Supreme Court Rule 89-8).
S.D. Codified Laws § 16-19-45 — SD Code / Title 16 / Chapter 19 / Section 16-19-45
Investigation by board on reference--Report and recommendation filed with Supreme Court
Status: in_force

When an investigation of an attorney's conduct has been referred to the board for investigation, the board shall proceed to make a thorough investigation as provided in this chapter and file a report and recommendation with the Supreme Court.

Source: SL 1911, ch 85, § 3; SL 1917, ch 139; RC 1919, § 5275; Supreme Court Rule 25, 1939; SDC 1939 & Supp 1960, § 32.1217; SDCL § 16-19-12 ; Supreme Court Rule 78-1, Rule XX(i); SL 2016, ch 246 (Supreme Court Rule 16-31), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-21A-1 — SD Code / Title 16 / Chapter 21A / Section 16-21A-1
Definitions
Status: in_force

(1) "Registered user" means an attorney or party registered with the South Dakota Odyssey 7 electronic filing system.

(2) "Electronic filing system" means the Odyssey 7 file and serve system maintained by the South Dakota Unified Judicial System.

(3) "Confidential" means any records not accessible to the public as provided by § 15-15A-7 . A document marked as "confidential" means that the document will not be accessible to the public but will be accessible to court personnel and attorneys or parties in the case as permitted by applicable law or court order.

(4) "Sealed" means any record where access is restricted by order of the court. A document marked "sealed" will not be accessible to the public but will be accessible to court personnel and attorneys or parties in the case as permitted by applicable law or court order.

(5) "Electronic Signature" means an electronic symbol or process attached to or logically associated with a document executed or adopted by a user with the intent to sign a document.

Source: SL 2014, ch 254 (Supreme Court Rule 13-12 ), eff. July 1, 2014.
S.D. Codified Laws § 16-21A-10 — SD Code / Title 16 / Chapter 21A / Section 16-21A-10
Scope
Status: in_force

Unless specifically provided otherwise in this rule or inconsistent with its provisions, the Rules of Civil and Criminal Procedure shall govern electronic filings.

Source: SL 2014, ch 254 (Supreme Court Rule 13-12 ), eff. July 1, 2014.
S.D. Codified Laws § 16-19-59 — SD Code / Title 16 / Chapter 19 / Section 16-19-59
Dismissal of complaint on finding not meritorious
Status: in_force

If the board determines after an investigation that the complaint is not meritorious, it shall dismiss the complaint and notify the complainant, the attorney, and such other persons as the board may deem appropriate. If the attorney general determines after an investigation that the complaint is not meritorious, the attorney general shall report such findings to the Supreme Court and recommend dismissal.

Source: Supreme Court Rule 78-1, Rule V (a) (3); SL 2016, ch 246 (Supreme Court Rule 16-40), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-13-13 — SD Code / Title 16 / Chapter 13 / Section 16-13-13
Signing and filing of master juror list--Preparation of separate tickets by clerk of court--Electronic process authorized
Status: in_force

Promptly upon completion of the master juror list, and in any event before October first in each year, the clerk of courts shall sign and file the list. The list shall be kept on file for four years. The clerk of courts shall then prepare separate tickets for each person named in the master juror list, unless a name is stricken pursuant to § 16-13-15 . This process may be performed electronically.

Source: SL 1935, ch 85, §§ 5, 7; SDC 1939 & Supp 1960, § 32.1006; SL 1972, ch 125, § 12; SL 1982, ch 172, § 9; SL 1983, ch 163, § 2; SL 1992, ch 153, § 12; SL 2003, ch 118, § 8; SL 2014, ch 105, § 4.
S.D. Codified Laws § 16-2-58.1 — SD Code / Title 16 / Chapter 2 / Section 16-2-58.1
Commission on equal access to our courts surcharge for answer or responsive pleading to petition to modify order for child support, child custody, child visitation, or spousal support
Status: in_force

For the answer or initial responsive pleading to any petition or motion to modify final orders for child support, child custody, child visitation, or spousal support, the clerk of courts shall collect the sum of twenty-five dollars as a commission on equal access to our courts surcharge. The surcharge shall be collected from the person filing the answer or responsive pleading at the time of filing. The surcharge shall be collected by the clerk in the manner in which other fees are collected. No responsive surcharge may be collected in any civil action or proceeding commenced by the state, county, a municipality, or a school district, or if the responding party is receiving assistance benefits under title 28. The surcharge may be waived pursuant to the provisions of §§ 16-2-29.2 and 16-2-29.3 .

Source: SL 2017, ch 91, § 2.
S.D. Codified Laws § 16-21-9 — SD Code / Title 16 / Chapter 21 / Section 16-21-9
Electronic transmission
Status: in_force

To the extent reasonably practicable, a clerk shall distribute through electronic means all communications, including orders, judgments, notices and any other communications to attorneys and self-represented litigants in any pending proceeding.

Source: SL 2012, ch 255, § 9 (Supreme Court Rule 12-01), eff. Feb. 21, 2012.
S.D. Codified Laws § 16-13-35 — SD Code / Title 16 / Chapter 13 / Section 16-13-35
Service by sheriff on circuit court juror failing to return acceptance of service--Fees deducted from juror's compensation
Status: in_force

If any juror residing in the county shall fail, neglect, or refuse to sign the acceptance of service provided in § 16-13-34 and to mail such acceptance to the clerk of courts within fifteen days after service of the notice on said juror, the notice shall be served on such juror by the sheriff. The amount of the sheriff's fees shall be endorsed on the notice with the return of the sheriff, and the amount of such fees shall be paid by such juror and shall be deducted by the clerk of courts from the compensation the juror would be entitled to receive for his attendance before the court.

Source: SL 1911, ch 229, § 1; RC 1919, § 5295; SDC 1939 & Supp 1960, § 32.1015; SL 1982, ch 172, § 22.
S.D. Codified Laws § 16-3-6.1 — SD Code / Title 16 / Chapter 3 / Section 16-3-6.1
Amendment of existing rule--Publication
Status: in_force

When the Supreme Court amends an existing rule, it will supply to the State Bar, for publication in the State Bar Newsletter, a copy of the amended rule, with deletions shown by strike-throughs and additions shown by underscores.

Source: SL 2018, ch 289 (Supreme Court Rule 17-10), eff. Sept. 1, 2017.
S.D. Codified Laws § 16-22-5 — SD Code / Title 16 / Chapter 22 / Section 16-22-5
Promulgation of drug court rules
Status: in_force

The Supreme Court shall establish rules pursuant to § 16-3-1 for the eligibility criteria for participation in a drug court. No offender participating in a drug court is entitled to earned discharge on probation pursuant to § 16-22-17 .

Source: SL 2013, ch 101, § 5.
S.D. Codified Laws § 16-16-18 — SD Code / Title 16 / Chapter 16 / Section 16-16-18
Oath of attorney--Form and administration
Status: in_force

The oath of attorney shall be administered by a justice or judge of any state appellate court or court of general jurisdiction or by a justice or judge of any federal appellate or district court. The form of the oath of attorney shall be in substance as follows:

I do solemnly swear, or affirm, that:

I will support the Constitution of the United States and the Constitution of the State of South Dakota;

I will maintain the respect due to courts of justice and judicial officers;

I will not counsel or maintain any suit or proceeding which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land;

I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law;

I will maintain the confidence and preserve inviolate the secrets of my client, and will accept no compensation in connection with a client's business except from that client or with the client's knowledge or approval;

I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged;

I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay any person's cause for lucre or malice.

Source: SDC 1939, § 32.1111; Supreme Court Rule 9, Order No. 1, 1957; SDC Supp 1960, § 32.1109; SL 1994, ch 407; SL 1996, ch 316.
S.D. Codified Laws § 16-2-20 — SD Code / Title 16 / Chapter 2 / Section 16-2-20
General supervision of circuit courts by Chief Justice--Purposes
Status: in_force

Pursuant to S.D. Const., Art. V, § 11 the Chief Justice of the Supreme Court shall have and exercise such general direction and supervision of the work of the circuit courts as deemed necessary to expedite the work of the courts, alleviate congestion, secure prompt disposition of cases, and distribute the work load in the circuits among the judges and between the circuits.

Source: SL 1966, ch 114, § 11; SDCL, § 16-6-20 ; SL 1973, ch 130, § 6.
S.D. Codified Laws § 16-12C-12 — SD Code / Title 16 / Chapter 12C / Section 16-12C-12
Jurisdiction--Forfeiture of appearance bonds
Status: in_force

A magistrate court with a clerk magistrate presiding has concurrent jurisdiction with the circuit courts to take forfeitures of appearance bonds for violation of any ordinance, bylaw, or other police regulation of a political subdivision in accordance with schedules adopted pursuant to subdivision 16-2-21(8).

Source: SL 2003, ch 117, § 39.
S.D. Codified Laws § 16-18-20.2 — SD Code / Title 16 / Chapter 18 / Section 16-18-20.2
Attorney licensing--Trust accounting records and procedures
Status: in_force

The provisions of this rule apply to all members of the State Bar of South Dakota concerning trust funds received or disbursed by them in the course of their professional practice of law within the State of South Dakota. However, these provisions shall not apply to (1) full - time members of the Judiciary, i.e., Supreme Court Justices, Circuit Court Judges and Magistrate Judges, (2) nonresident attorneys licensed to practice in South Dakota who comply with comparable trust accounting requirements in the state wherein they maintain their office, and (3) non - profit legal services organizations that file a copy of their annual independent audit with the State Bar, (4) non - resident attorneys licensed to practice in South Dakota who have not represented a South Dakota client during the reporting period, or (5) members who have been in an inactive status for the full reporting period. In addition, all lawyers required to disclose the absence of professional liability insurance as required pursuant to Rule 1.4(c) must sign the additional verification and certification of disclosure as reflected at the end of the Certificate of Compliance and Insurance Disclosure form.

The minimum trust accounting records which shall be maintained are:

(1) A separate bank account(s). Such account(s) must be at an institution insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund and which has a physical location in South Dakota unless the client otherwise directs in writing. All trust accounts shall be in the name of the lawyer or law firm and clearly labeled and designated as a "trust account."

(2) Original or duplicate deposit slips, credit card receipts, and, in the case of currency or coin, an additional cash receipts book, clearly identifying:

(a) The date and source of all trust funds received; and

(b) The client or matter for which the funds were received.

(3) Original cancelled checks, or copies of both sides of the original checks produced through truncation or check imaging, or the equivalent, all of which must be numbered consecutively. If electronic disbursements or transfers are made, a record of all electronic disbursements or transfers, including for each disbursement or transfer, the date of the transaction, the amount of each transaction, the name of the client to whom the transaction pertains, the recipient of the funds involved in the transaction, the purpose of the transaction, and the signature of the attorney authorizing the transaction. A separate transaction must be completed for each electronic disbursement or transfer from a trust account.

(4) Other documentary support for all disbursements and transfers from the trust account.

(5) A separate trust accounts receipts and disbursements journal, including columns for receipts, disbursements, transfers, and the account balance, and containing at least:

(a) The identification of the client or matter for which the funds were received, disbursed, or transferred;

(b) The date on which all trust funds were received, disbursed, or transferred;

(c) The check number, electronic confirmation number, or other documentation for all transfers or disbursements; and

(d) The reason, such as "settlement," "closing" or retainer," for which all trust funds were received, disbursed, or transferred.

(6) A separate individual client or matter file, ledger or computer file for each client or matter, showing all individual receipts, disbursements, or transfers and any unexpended balance for the client or matter, and containing:

(a) The identification of the client or matter for which trust funds were received, disbursed, or transferred;

(b) The date on which all trust funds were received, disbursed, or transferred;

(c) The check number, electronic confirmation number or other documentation for all disbursements or transfers; and

(d) The reason, such as "settlement," "closing" or "retainer," for which all trust funds were received, disbursed, or transferred. The billing or invoice number for each disbursement or transfer paying attorney’s fees earned or costs advanced from funds held in trust for the client.

(7) All bank or credit union statements for all trust accounts.

The minimum trust accounting procedures which shall be followed by all attorneys practicing in South Dakota who receive or disburse trust money or property are:

(1) The lawyer shall cause to be made monthly:

(a) Reconciliations of all trust bank or credit union accounts, disclosing the balance per bank or credit union, deposits in transit, outstanding checks or electronic disbursements or transfers identified by date and check number or electronic confirmation number, and any other items necessary to reconcile the balance per bank with the balance per the checkbook and the cash receipts and disbursements journal; and

(b) A comparison between the total of the reconciled balances of all trust accounts and the total of the individual client trust ledger cards, pages, or computer documents, together with specific descriptions of any difference between the two totals and reasons therefore.

(2) At least annually, a detailed listing identifying the balance of the unexpended trust money held for each client or matter.

(3) The above reconciliations, comparisons, and listing shall be retained for at least six years.

(4) The lawyer shall file with the State Bar of South Dakota a trust accounting certificate showing compliance with these rules annually, which certificate shall be filed annually between December 1 and January 31 on a form approved by the Disciplinary Board.

The following shall be cause for the Disciplinary Board to order an audit of a lawyer's or law firm's trust accounts:

(1) Failure to file the trust account certificate required by this rule;

(2) A trust account check is returned for insufficient funds or for uncollected funds, absent bank error;

(3) A petition for creditor relief is filed on behalf of an attorney;

(4) Felony charges are filed against an attorney;

(5) An attorney is adjudged insane or mentally incompetent;

(6) A claim against the attorney is filed with the Clients' Security Fund;

(7) When authorized by statute or court rule;

(8) Pursuant to an investigation by the Disciplinary Board; or

(9) Upon court order.

Audits conducted in any of the circumstances enumerated above shall be at the cost of the attorney audited only when the audit reveals that the attorney was not in substantial compliance with the trust accounting requirements or when the audit was precipitated by the failure to file the trust account compliance report. It shall be the obligation of any attorney who is being audited to produce all records and papers concerning property and funds held in trust and to provide such explanations as may be required for the audit. Records of general accounts are not required to be produced except to verify that trust money has not been deposited thereto. If it has been determined that trust money has been deposited into a general account, all of the transactions pertaining to any firm account will be subject to audit.

I (We), __________, a member(s) of the State Bar of South Dakota certify that during the twelve - month period preceding the date of this report: (check the following items where applicable and/or fill in the blanks)

1. I have engaged in the private practice of law in South Dakota as:

____(a) a sole practitioner;

____(b) a partner or shareholder of a firm practicing under the name of __________;

____(c) an associate of a sole practitioner or of a firm, as the case may be, practicing under the name of __________ __________ and I maintain separate books, records and accounts showing all legal business performed by me.

____2. I have not engaged in the practice of law in South Dakota, and I have neither handled nor been responsible for either clients' trust funds or clients' trust property in South Dakota.

____3. I have practiced law in South Dakota exclusively as an employee of (designate name of government agency, corporation, or other nonmember of the Bar) __________, and I do not handle or become responsible for money or property in a lawyer - client relationship, other than money or property received in the course of official duties and disposed of in accordance with regulations and practices of (designate name of government agency) __________.

____(a) I (we) have served as a trustee in one or more cases under Title 11 of the United States Code, and I am accountable for all funds I handled in connection therewith to the Office of the United States Trustee, which office is statutorily charged with the responsibility for reviewing and supervising my trust operations; therefore, my handling of such funds is not separately accounted for herein in connection with my private practice of law, and I further certify that I am in compliance with all such accounting requirements of said Office.

____4. I have engaged in the practice of law in South Dakota as an employee or as an associate of a sole practitioner or of a firm, as the case may be, practicing under the name of __________, to the best of my knowledge all legal business performed by me is shown in the books, records and accounts of such sole practitioner or firm.

__________

(Signature)

Full Name __________

Business Address __________

__________

Date __________

5. My trust account(s) or the trust account(s) of the firm or association of which I am a partner or shareholder is at the __________ (name and address of banking institution) and bears the following name(s) and number(s) __________.

6. During the fiscal period ended __________ to the best of my knowledge I, or the firm of which I am a member, as the case may be, maintained books, records and accounts to record all money and trust property received and disbursed in connection with my/our practice, and as a minimum I/we maintained:

Yes or No

(a) A separate bank account or accounts located in *South Dakota (__________), in the name of the lawyer or law firm and clearly labeled and designated a "trust account." __________

*An out of state member may strike "South Dakota" and insert the state where his/her trust account is located.

(b) Original or duplicate deposit slips and, in the case of currency or coin, an additional cash receipts book, clearly identifying the date and source of all trust funds received, and specific identification of the client or matter for whom the funds were received.__________

(c) Original cancelled checks or copies of both sides of the original checks produced through truncation or check imaging, or the equivalent, for all trust disbursements. __________

(d) Other documentary support for all disbursements and transfers from the trust account.__________

(e) A separate trust account receipts and disbursements journal, including columns for receipts, disbursements, and the account balance, disclosing the client, check number, and reason for which the funds were received, disbursed or transferred. __________

(f) A separate file or ledger, with an individual card or page for each client and matter, showing all individual receipts, disbursements and any unexpended balance. __________

(g) All bank statements for trust accounts. __________

(h) Complete records of all funds, securities and other properties of a client coming into my/our possession, and rendered appropriate accounts to my/our clients regarding them.

____7. During the same fiscal period identified in section 6 above, I, or the firm of which I am a member, complied with the required trust accounting procedures, and as a minimum I/we prepared monthly trust comparisons, including bank reconciliations and an annual detailed listing identifying the balance of the unexpended trust money held for each client or matter.

____8. In connection with section 7 above, I or the firm of which I am a member, have completed the following procedures during the fiscal period herein: compared each month the total of trust liabilities and the total of each trust bank reconciliation, and there were (check one of the following):

____ no differences between the totals, excepting those determined to be the result of bank error;

____ differences. (Give full particulars below, identifying the months in which there were differences, the amounts involved, and the reason for each item contributing to a difference. Attach additional pages if necessary.)

__________

__________

__________

9. (A) G *The undersigned lawyer(s) do not have professional liability insurance; or

(B) G The undersigned lawyer(s) have professional liability insurance, the name of the insurance carrier, policy number and limits are as follows:

__________

__________

__________

I am a member of the State Bar of South Dakota filing this report, and to the best of my knowledge and belief the facts as reported herein are accurate, and I certify that I have at all material times been in compliance with Rule 1.15 of the Rules of Professional Conduct entitled Safekeeping Property and SDCL 16-18-20.1 and 16-18-20.2 .

All Responding Lawyers Signatures:

__________ __________

__________ __________

__________ __________

__________ __________

__________ __________

Date: __________

All Responding Lawyers Signatures:

__________ __________

__________ __________

__________ __________

__________ __________

__________ __________

__________ __________

Date: __________

Source: SL 1991, ch 444 (Supreme Court Rule 91-10); SL 1992, ch 368 (Supreme Court Rule 92-2); SL 1993, ch 344, § 39X; SL 1993, ch 399 (Supreme Court Rule 93-16); SL 1998, ch 320; SL 1999, ch 270; SL 2001, ch 294, § 1; SL 2004, ch 332 (Supreme Court Rule 04-05), effective July 1, 2004; SL 2026, ch 244 (Supreme Court Rule 26-03), eff. July 1, 2026.
S.D. Codified Laws § 16-13-10 — SD Code / Title 16 / Chapter 13 / Section 16-13-10
Qualifications of jurors
Status: in_force

Any citizen of this state, who is a resident of the county or jury district where the jury is selected, eighteen years of age or older prior to January first of the year of jury service, of sound mind and who is able to read, write, and understand the English language, is eligible to serve as a juror. Any member of the clergy, as defined in § 19-19-505 , if jury service conflicts with religious belief, is exempt from jury duty. Any member of a church or religious organization is exempt from jury duty if jury service conflicts with the religious belief of that church or religious organization. Any person who has been convicted of a felony unless restored to civil rights is not eligible to serve as a juror. No potential juror may be excluded from jury duty because of a visual or hearing impairment.

Source: SDC 1939, § 32.1001; SL 1947, ch 149; SL 1972, ch 125, § 11; SL 1973, ch 135, § 4; SL 1976, ch 150, § 1; SL 1982, ch 172, § 8A; SL 1991, ch 175; SL 1992, ch 153, § 11; SL 1997, ch 119, § 3; SL 1999, ch 106, § 1; SL 2006, ch 114, § 1.
S.D. Codified Laws § 16-1-1 — SD Code / Title 16 / Chapter 1 / Section 16-1-1
Supreme Court districts
Status: in_force

The state is divided into five Supreme Court districts from each of which a justice shall be selected as follows:

First District. The counties of Custer, Pennington, Lawrence, and Meade constitute the first Supreme Court district.

Second District. The county of Minnehaha constitutes the second Supreme Court district.

Third District. The counties of Brookings, Kingsbury, Moody, Miner, Sanborn, Beadle, Jerauld, Hand, Hyde, Hughes, Sully, Stanley, Brule, Buffalo, Jones, Jackson, Lyman, Mellette, Todd, Tripp, Bennett, Oglala Lakota, Fall River, Lake, and Haakon constitute the third Supreme Court district.

Fourth District. The counties of Union, Clay, Yankton, Hutchinson, Hanson, Davison, Bon Homme, Douglas, Aurora, Charles Mix, Gregory, McCook, Turner and Lincoln constitute the fourth Supreme Court district.

Fifth District. The counties of Grant, Roberts, Day, Marshall, Clark, Brown, McPherson, Edmunds, Faulk, Potter, Walworth, Campbell, Corson, Dewey, Ziebach, Perkins, Butte, Codington, Spink, Deuel, Hamlin, and Harding constitute the fifth Supreme Court district.

Source: SD Const, art 5, § 11; SL 1909, ch 109, §§ 1 to 5; RC 1919, § 5127; SL 1927, ch 209; SL 1935, ch 87; SDC 1939 & Supp 1960, § 32.0101; SL 1974, ch 154, § 1; SL 1977, ch 174; SL 1982, ch 168; SL 1992, ch 151; SL 2001, ch 101, § 1; SL 2011 (SS), ch 2, § 1, eff. Jan. 23, 2012; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
S.D. Codified Laws § 16-2-54 — SD Code / Title 16 / Chapter 2 / Section 16-2-54
Award of grants--Procedures for obtaining grant
Status: in_force

The commission shall award grants as provided in §§ 23-3-52 , 23-3-53 , and 16-2-50 to 16-2-54 , inclusive, and publicize the availability of and procedures for obtaining grants under §§ 23-3-52 , 23-3-53 , and 16-2-50 to 16-2-54 , inclusive.

Source: SL 2003, ch 120, § 7.
S.D. Codified Laws § 16-12B-14.1 — SD Code / Title 16 / Chapter 12B / Section 16-12B-14.1
Jurisdiction--Adult probationary drug court program
Status: in_force

Any magistrate court with a magistrate judge presiding has authority, upon assignment of the presiding judge of the circuit, to act in lieu of a circuit judge having jurisdiction to administer and preside over an adult probationary drug court program.

Source: SL 2007, ch 134, § 1.
S.D. Codified Laws § 16-16-17.4 — SD Code / Title 16 / Chapter 16 / Section 16-16-17.4
Report of recommendation to Supreme Court
Status: in_force

In the event that a majority of the members of the Board of Bar Examiners votes to recommend the conditional admission of an applicant, the Board shall report to the Supreme Court the matters of concern, the nature, substance, and duration of the course of treatment or remediation in which the applicant is engaged, complete and detailed information regarding the applicant's progress in connection therewith including any lapses or failures, the board's recommendation regarding the terms and conditions of admission, any additional facts relevant to the recommendation, and confirmation of the applicant's consent to admission on a conditional basis.

Source: SL 2012, ch 261 (Supreme Court Rule 12-07), eff. July 1, 2012.
S.D. Codified Laws § 16-19-42 — SD Code / Title 16 / Chapter 19 / Section 16-19-42
Complaint and reference for investigation and report in proceeding initiated by attorney general
Status: in_force

If the investigation of an attorney's conduct is initiated by the attorney general, the attorney general shall file a written complaint with the Supreme Court. The Supreme Court shall refer the matter to the board for an investigation and report pursuant to §§ 16-19-45 to 16-19-64 , inclusive.

Source: RC 1919, § 5274; Supreme Court Rule 22, 1939; SDC 1939 & Supp 1960, § 32.1214; SDCL § 16-19-7; Supreme Court Rule 78-1, Rule XX (f); SL 2016, ch 246 (Supreme Court Rule 16-28), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-18-7 — SD Code / Title 16 / Chapter 18 / Section 16-18-7
Solicitation, acceptance of employment, or practice by disbarred or suspended attorney as misdemeanor
Status: in_force

Any person whose license to practice law has been revoked or suspended, who solicits or accepts any power of attorney or other instrument authorizing, directing, or empowering, or attempting to authorize, direct, or empower him to institute or attempt to institute any legal proceedings in any court of this state in behalf of the person executing such power of attorney or other instrument, or who attempts to institute any legal proceedings by virtue of the authority granted to him for such power of attorney or other instrument, or who solicits authority to act as agent for, or acts as agent for another in employing a licensed attorney at law to institute or attempt to institute legal proceedings in any court of this state in behalf of his principal, is guilty of a Class 2 misdemeanor.

Source: SL 1919, ch 115, § 1; SDC 1939, § 13.1256; SL 1979, ch 150, § 15.
S.D. Codified Laws § 16-23-2.1 — SD Code / Title 16 / Chapter 23 / Section 16-23-2.1
County eligibility to participate
Status: in_force

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

(1) Has a population of ten thousand persons or less;

(2) Agrees to provide the county'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, § 3.
S.D. Codified Laws § 16-2-29.2 — SD Code / Title 16 / Chapter 2 / Section 16-2-29.2
Waiver of filing fees and service costs--Motion to court
Status: in_force

A court may waive the payment of filing fees and service costs accruing by reason of a civil action or proceeding or any criminal proceeding on motion to the court upon the affidavit of the moving party and the entry of an order thereon.

Source: SL 1975, ch 161, § 2; SL 1982, ch 171, § 1; SL 1983, ch 161.
S.D. Codified Laws § 16-16-6 — SD Code / Title 16 / Chapter 16A / Section 16-16-6
16-16-6. Notwithstanding §16-16-6, an applicant may obtain admission to practice as an attorney in this state through the public service pathway program if the applicant:
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.
S.D. Codified Laws § 16-12A-3.3 — SD Code / Title 16 / Chapter 12A / Section 16-12A-3.3
Number of magistrates appointed
Status: in_force

Subject to such rules as may be promulgated by the Supreme Court, the presiding circuit judge in each judicial circuit shall appoint a sufficient number of magistrates as may be necessary to provide adequate and qualified judicial personnel for each county and municipality in the circuit.

Source: SL 2003, ch 117, § 4.
S.D. Codified Laws § 16-13-37 — SD Code / Title 16 / Chapter 13 / Section 16-13-37
Judges to prescribe manner in which jury panels utilized and how summoned
Status: in_force

The presiding judge of each circuit, or a judge of the circuit designated by him, shall prescribe the manner in which the jury panels are to be utilized for the trial of cases in the counties of the circuit and how they shall be summoned.

Source: SL 1890, ch 78, § 21; RProbC 1903, § 14; RC 1919, § 5303; SDC 1939 & Supp 1960, § 32.1016; SL 1982, ch 172, § 24.
S.D. Codified Laws § 16-16-17 — SD Code / Title 16 / Chapter 16 / Section 16-16-17
Recommendation to Supreme Court for admission to practice--Order and certificate of admission--State Bar membership fee
Status: in_force

Every applicant who has complied with the requirements of the applicable rules shall be recommended by the board to the Supreme Court for admission to practice law, provided, however, that such recommendation by the Board of Bar Examiners shall be effective for a period not exceeding one hundred twenty days. The court, for good cause shown, may extend such period of time. If the court is satisfied as to the qualifications of the applicant so recommended, the court will make an order of admission, which order shall become effective and certificate of admission from the clerk of the Supreme Court shall issue upon payment to the clerk of membership fee in the State Bar and the fee as fixed in § 16-2-29.1 for the certificate of admission and upon filing in the office of the clerk the oath of attorney. The clerk shall notify the secretary of the State Bar of such admission and remit the membership fee.

Source: Supreme Court Rule 11, 1939; SDC 1939, § 32.1111; Supreme Court Rule 9, Order No. 1, 1957; SDC Supp 1960, § 32.1109; Supreme Court Rule 82-29.
S.D. Codified Laws § 16-21-2 — SD Code / Title 16 / Chapter 21 / Section 16-21-2
Electronic Document Management System Policy
Status: in_force

The State Court Administrator, in consultation with the Unified Judicial System Technology Council, shall prepare and publish an Electronic Document Management System Policy specifying EDMS policy and procedure within the clerk of courts office. Such policy may be amended as necessary and appropriate to carry out the provisions of these rules establishing an EDMS.

Source: SL 2012, ch 255, § 2 (Supreme Court Rule 12-01), eff. Feb. 21, 2012.
S.D. Codified Laws § 16-18-2.10 — SD Code / Title 16 / Chapter 18 / Section 16-18-2.10
Other rights not affected by provisions for legal assistance by legal interns or externs
Status: in_force

Nothing contained in §§ 16-18-2.1 to 16-18-2.9 , inclusive, shall affect the right of any person who is not admitted to practice law to do anything that he or she might lawfully do prior to the adoption of §§ 16-18-2.1 to 16-18-2.9 , inclusive.

Source: Supreme Court Order No. 3, 1969; Supreme Court Rule 75-4, § 9; SL 2011, ch 258 (Supreme Court Rule 11-15), eff. July 1, 2011.
S.D. Codified Laws § 16-12B-1.3 — SD Code / Title 16 / Chapter 12B / Section 16-12B-1.3
Term of magistrate judges--Removal
Status: in_force

Persons appointed as full-time magistrate judges shall be appointed for a term of four years from and after the date of the approval of the appointment by the Supreme Court subject to any conditions imposed by the Supreme Court. Full-time magistrate judges may be subject to removal upon recommendation of the Judicial Qualifications Commission and the action of the Supreme Court thereon. The Supreme Court may also, in its discretion, refer any matter to the Judicial Qualifications Commission to conduct an investigation and file a report with the court concerning the conduct of any full-time magistrate judge. Persons appointed as part-time magistrate judges shall be appointed by the presiding judge of the circuit court, subject to the approval of the Supreme Court, and shall serve at the pleasure of the presiding judge. Upon termination of any appointment the presiding judge shall forthwith notify the state court administrator thereof. Nothing in this section shall be construed to limit the Supreme Court's inherent authority to regulate magistrate judges.

Source: § 16-12A-4.1 ; SL 2004, ch 318 (Supreme Court Rule 03-17), eff. Jan. 1, 2004; SL 2011, ch 247 (Supreme Court Rule 11-04), eff. Mar. 2, 2011.
S.D. Codified Laws § 16-22-5.2 — SD Code / Title 16 / Chapter 22 / Section 16-22-5.2
Standards and guidelines in accordance with key components
Status: in_force

The State Court Administrator's Office, in consultation with the Statewide Drug Court Advisory Board, shall implement statewide standards and guidelines in accordance with the ten key components to ensure the effectiveness and maintain the fidelity of the drug courts.

Source: SL 2014, ch 255 (Supreme Court Rule 13-13 , § 3), eff. Jan. 1, 2014.
S.D. Codified Laws § 16-13-1 — SD Code / Title 16 / Chapter 13 / Section 16-13-1
Master jury list for each county--Courts by which used--Summons to supply deficiency--Annual compilation of list
Status: in_force

There shall be a master jury list for each county from which jurors shall be drawn for service as grand jurors and as petit jurors for the circuit and magistrate courts; provided that talesmen may be summoned by order of the presiding judge in the manner provided by law to supply any deficiency in the number of jurors required. Such jury list shall be compiled each year and shall be used in the drawing of jurors to be summoned during the following calendar year.

Source: SL 1935, ch 85, § 2; SDC 1939 & Supp 1960, § 32.1004; SL 1972, ch 125, § 1.
S.D. Codified Laws § 16-12B-1 — SD Code / Title 16 / Chapter 12B / Section 16-12B-1
Temporary transfer of magistrate judge--Powers and duties
Status: in_force

If the business of a magistrate court with a magistrate judge presiding becomes congested or if a magistrate judge is, for any cause, unable to act, the Chief Justice of the Supreme Court may, by order, temporarily transfer to such magistrate court a magistrate judge from another circuit. The magistrate judge acting in a county other than one in his or her own circuit shall have all the powers and duties of a magistrate judge regularly appointed and qualified therein.

Source: SL 2003, ch 117, § 10.
S.D. Codified Laws § 16-18-2 — SD Code / Title 16 / Chapter 18 / Section 16-18-2
Attorney licensing--Non-resident attorneys--"Pro hac vice" admission on motion--Requirements
Status: in_force

A nonresident attorney, although not licensed to practice law in the State of South Dakota, but licensed in another jurisdiction within the United States, may, after first complying with the requirements hereinafter set forth, participate in the trial or hearing of any particular cause in this state, provided a resident practicing attorney of this state, a member of the State Bar of South Dakota, is actually employed and associated and personally participates with such nonresident attorney in such a trial or hearing. If such admission is sought to any court of this state by a nonresident attorney, the applicant shall first file with the court wherein he or she seeks admission a written sworn motion requesting admission. The motion shall contain

(1) The post-office address of the nonresident attorney;

(2) The office address of an attorney of this state with whom the nonresident attorney is associated in the trial;

(3) A statement that the nonresident attorney is a member in good standing of the bar of the state of his residence;

(4) A statement that the nonresident attorney has not been the subject of disciplinary action by the bar or courts of the state of his residence or of any state during the preceding five years;

(5) A statement that the nonresident attorney has not been denied admission to the courts of any state or to any federal court during the preceding five years;

(6) A statement that the applicant is familiar with the rules of the State Bar of South Dakota governing the conduct of members of the State Bar of South Dakota, and will at all times abide by and comply with the same so long as such trial or hearing is pending, and he or she has not withdrawn as counsel therein;

(7) A statement that the nonresident attorney:

(a) has completed an application for a South Dakota Sales and Use Tax License or that such license has been issued to the nonresident attorney by the South Dakota Department of Revenue; or

(b) is not in private practice and is appearing on behalf of an employer for whom said nonresident attorney is employed on a full time basis and that such appearance in the courts of South Dakota is part of said nonresident attorney's duties without additional compensation being paid for such appearance.

The motion of the nonresident attorney seeking admission shall be accompanied by a fee of two hundred dollars and a motion of the resident practicing attorney of this state within whom he or she shall be associated in the trial or hearing of a particular cause, which shall contain a statement that the resident attorney finds the applicant to be a reputable attorney and recommends his or her admission to practice before the court.

The judge may examine the nonresident attorney to satisfy himself that the nonresident attorney is aware of and will observe the ethical standards required of attorneys of this state. If the judge is not satisfied that the nonresident attorney is a reputable attorney and will observe the ethical standards required of attorneys in this state, he may in his discretion deny the motion. If the motion is not granted, the clerk shall refund the two hundred dollar fee. If the motion is granted, the clerk shall remit one hundred dollars to such fund as may be hereafter designated by the Supreme Court for the benefit of the Unified Judicial System and one hundred dollars to the State Bar.

If after admission to practice in this state, the nonresident attorney engages in professional misconduct as that term is defined by the rules governing the State Bar of South Dakota, the admitting judge may revoke his or her admission to practice and may cite him or her for contempt. In addition, the admitting judge may refer the matter to the disciplinary board of the State Bar or other proper authority as is deemed necessary and desirable.

The filing of a motion requesting admission to a court of this state by a nonresident attorney shall constitute his or her submission to the jurisdiction of the disciplinary board of the State Bar and the county in which the court is located shall be considered the county of his or her residence for the purpose of determining venue in any disciplinary action taken against him or her.

The appearance of a nonresident attorney, unlicensed in the State of South Dakota, in an administrative hearing under chapter 1-26 shall be in accordance with the requirements of this section and subject to the approval of the circuit court for the county in which the hearing takes place or the circuit court for Hughes County, South Dakota.

Source: SDC 1939 & Supp 1960, § 32.1102; Supreme Court Rule 75-6; Supreme Court Rule 78-1, Rule XX (a); SL 1991, ch 430 (Supreme Court Rule 90-7); SL 1995, ch 316 (Supreme Court Rule 95-9); Supreme Court Rule 95-11; SL 2004, ch 331 (Supreme Court Rule 04-04), effective July 1, 2004; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 16-20-5 — SD Code / Title 16 / Chapter 20 / Section 16-20-5
Standards
Status: in_force

Media representatives providing expanded media coverage or audio media coverage of a judicial proceeding shall comply with the standards for conduct and attire, technical standards and standards for equipment and pooling set forth in §§ 15-24-9 , 15-24-11 and 15-24-12 with the following modifications:

(a) Where those rules require approval of a matter by "the court" or the "Chief Justice," approval shall be obtained from the circuit or magistrate judge presiding over the judicial proceeding.

(b) Video cameras, still cameras, and other equipment to be used by the media in the courtroom during judicial proceedings must not produce distracting light or noise. No artificial lighting device of any kind shall be employed with a video camera or still camera.

(c) Notwithstanding § 15-24-12(a), the number of video cameras in the courtroom shall be limited to one operated by not more than one cameraperson.

(d) Notwithstanding § 15-24-12(b), the number of still camera photographers in the courtroom shall be limited to one who is allowed two camera bodies.

(e) In addition to the pooling provisions in § 15-24-12(e), if there is no advance media agreement as to pooling arrangements, the court shall prohibit the media from the audio or video recording or broadcast of the judicial proceeding.

Source: SL 2011, ch 233 (Supreme Court Rule 10-09), eff. July 1, 2011.
S.D. Codified Laws § 16-12A-27.1 — SD Code / Title 16 / Chapter 12A / Section 16-12A-27.1
Right of appeal to circuit court
Status: in_force

Unless appeal is denied by law, there is a right of appeal to the circuit court from any final order or judgment of the magistrate court, and such appeal shall be taken in the manner prescribed by law or rule for appeals to the circuit court.

Source: SL 2003, ch 117, § 7.
S.D. Codified Laws § 16-1A-6 — SD Code / Title 16 / Chapter 1A / Section 16-1A-6
Travel expenses and per diem of commission members
Status: in_force

Each member of the commission shall be allowed travel expenses and per diem as provided by rule of the Supreme Court.

Source: SL 1973, ch 136, § 6.
S.D. Codified Laws § 16-17A-1 — SD Code / Title 16 / Chapter 17A / Section 16-17A-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Impaired," a deficit in cognitive ability to act in compliance with the Rules of Professional Conduct, the Code of Judicial Conduct, and any other standards required of practicing attorneys and judges, because of an addiction to alcohol, drugs, gambling, or any other medical condition;

(2) "Confidential information," any information, regardless of the form in which it is transmitted or stored, communicated to the State Bar, the Supreme Court, or the Unified Judicial System, for the sole purpose of assisting 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. The term does not include any information in the public record prior to the communication.

Source: SL 2021, ch 88, § 1.
S.D. Codified Laws § 16-18-16 — SD Code / Title 16 / Chapter 18 / Section 16-18-16
Attorney not to maintain action for improper motives
Status: in_force

It is the duty of an attorney and counselor at law not to encourage either the commencement or continuance of an action or proceeding from any motive of passion or interest.

Source: PolC 1877, ch 18, § 4, subdiv 6; CL 1887, § 465, subdiv 6; RPolC 1903, § 697, subdiv 6; RC 1919, § 5262 (6); Supreme Court Rule 13, 1939; SDC 1939 & Supp 1960, § 32.1201 (6).
S.D. Codified Laws § 16-2-26 — SD Code / Title 16 / Chapter 2 / Section 16-2-26
Municipalities and townships to provide facilities for magistrates' clerks
Status: in_force

Any municipality or township in the state assigned a magistrate for the principal purpose of providing service to such political subdivisions shall, upon order of the presiding judge of the circuit, provide suitable and adequate quarters for any deputy clerk of the circuit appointed to serve the magistrate, including the facilities necessary to make the space provided functional for its intended use.

Source: SL 1973, ch 130, § 9; SDCL Supp, § 16-10-2.2; SL 1974, ch 55, § 22; SL 1975, ch 162, § 5.
S.D. Codified Laws § 16-19-28 — SD Code / Title 16 / Chapter 19 / Section 16-19-28
Disqualification of board members in particular proceedings--Ad hoc appointments to restore full membership
Status: in_force

Board members shall refrain from taking part in any proceeding in which a judge, similarly situated, would be required to abstain. In the event of recusal of attorney members of the board, the president of the State Bar shall appoint active members of the State Bar, preferably members with previous service on the board, to restore the board to full membership. In the event of the recusal of the lay member, the Chief Justice shall appoint a lay person having the qualifications set forth in § 16-19-24 . Each such member shall fulfill all the responsibilities of the board member replaced.

Source: Supreme Court Rule 78-1, Rule IV (f); SL 2016, ch 246 (Supreme Court Rule 16-14 ), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-20-4 — SD Code / Title 16 / Chapter 20 / Section 16-20-4
Media coordinator
Status: in_force

The court and all interested members of the media shall work, whenever possible, with and through the media coordinator regarding all arrangements for expanded media coverage or audio media coverage.

Source: SL 2011, ch 233 (Supreme Court Rule 10-09), eff. July 1, 2011.
S.D. Codified Laws § 16-22-20 — SD Code / Title 16 / Chapter 22 / Section 16-22-20
Report of earned discharge credits
Status: in_force

The State Court Administrator's Office shall provide semiannually to the oversight council the number and percent of probationers who qualify for earned discharge credits and the average amount of credits earned by offenders.

Source: SL 2013, ch 101, § 25.
S.D. Codified Laws § 16-19-38 — SD Code / Title 16 / Chapter 19 / Section 16-19-38
Reinstatement of suspended attorney on reversal of conviction--Pending proceedings unaffected
Status: in_force

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

Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 5 (e); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule X (f); SL 2016, ch 246 (Supreme Court Rule 16-24), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-22-18 — SD Code / Title 16 / Chapter 22 / Section 16-22-18
Award of earned discharge credits
Status: in_force

The State Court Administrator's Office shall oversee the award of earned discharge credits of at least fifteen days for each month a probationer is in compliance with the terms and conditions of supervision.

Source: SL 2013, ch 101, § 23.
S.D. Codified Laws § 16-12A-4.2 — SD Code / Title 16 / Chapter 12A / Section 16-12A-4.2
Appointment and tenure of magistrates--Terms of office
Status: in_force

Each magistrate shall be appointed by the presiding judge of the circuit court and serve at the pleasure of the presiding judge. However, the Supreme Court may, by rule, provide that magistrates may be appointed for a definite term.

Source: SL 2003, ch 117, § 5.
S.D. Codified Laws § 16-1A-1 — SD Code / Title 16 / Chapter 1A / Section 16-1A-1
Definition of terms
Status: in_force

Terms as used in this chapter, unless the context otherwise requires, mean:

(1) "Commission," the Commission on Judicial Qualifications provided for in S.D. Const., Art. V, § 9 and this chapter;

(2) "Judge," a justice of the Supreme Court, a judge of the circuit court, or a judge of a court of limited jurisdiction.

Source: SL 1973, ch 136, § 1; Supreme Court Rule 82-4; Supreme Court Rule 84-10.
S.D. Codified Laws § 16-18-17 — SD Code / Title 16 / Chapter 18 / Section 16-18-17
Attorney's duty to represent the oppressed
Status: in_force

It is the duty of an attorney and counselor at law never to reject for any consideration personal to himself, the cause of the defenseless or the oppressed.

Source: PolC 1877, ch 18, § 4, subdiv 7; CL 1887, § 465, subdiv 7; RPolC 1903, § 697, subdiv 7; RC 1919, § 5262 (7); Supreme Court Rule 13, 1939; SDC 1939 & Supp 1960, § 32.1201 (7).
S.D. Codified Laws § 16-23-8 — SD Code / Title 16 / Chapter 23 / Section 16-23-8
Filing and approval of recruitment assistance agreement
Status: in_force

No recruitment assistance agreement entered into pursuant to the provisions of this chapter is effective until it is filed with and approved by the Unified Judicial System. The agreement shall provide that the attorney practice law full-time in the eligible county or municipality for at least five years. The Supreme Court may promulgate rules necessary to implement the provisions of this chapter pursuant to chapter 1-26 .

Source: SL 2013, ch 102, § 8; SL 2017, ch 93, § 10.
S.D. Codified Laws § 16-13-23 — SD Code / Title 16 / Chapter 13 / Section 16-13-23
Time for selection of jury panels
Status: in_force

Within fifteen days from the receipt of the order provided in § 16-13-22 , but no later than the first day of November, the clerk of courts shall select the jury panels.

Any such officer who is not disqualified may act by deputy.

Source: SL 1935, ch 85, § 10; SL 1937, ch 91; SDC 1939 & Supp 1960, § 32.1011; SL 1972, ch 125, § 17; SL 1982, ch 172, § 16; SL 1992, ch 153, § 14; SL 2015, ch 118, § 1.
S.D. Codified Laws § 16-16-12.2 — SD Code / Title 16 / Chapter 16 / Section 16-16-12.2
Admission without examination--Application requirements
Status: in_force

The application for admission without examination shall be filed with the secretary of the board of bar examiners 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 the application may result in denial of the application. The application shall be accompanied by:

(a) The applicable fees;

(b) The criminal background check required by § 16-16-2.6 ;

(c) A certified copy of the application for admission to the bar in each jurisdiction in which the applicant has previously been admitted to practice law;

(d) A certification of admission to practice by the admitting authority in each jurisdiction that the applicant identified in (c) as having admitted the applicant to the bar;

(e) A certification from the proper authority in each jurisdiction where the applicant has been admitted stating that the applicant is in good standing;

(f) A certification by the attorney disciplinary authority in each jurisdiction where the applicant has been admitted to the bar of the applicant's disciplinary history and indicating whether the applicant is the subject of a pending complaint or charge of misconduct;

(g) A report of the National Conference of Bar Examiners as to the applicant's character; and

(h) A copy of the rule in the state or states in which the applicant has been practicing law which allows South Dakota attorneys substantially similar admission without examination.

To the extent that the state or states that allow South Dakota attorneys substantially similar admission without examination have additional requirements for South Dakota lawyers seeking admission without examination, the board of bar examiners may impose the same additional requirements for applicants seeking admission in South Dakota without examination.

Source: SL 2004, ch 325 (Supreme Court Rule 03-24), eff. Jan. 1, 2004; SL 2015, ch 273 (Supreme Court Rule 15-11 ), eff. July 1, 2015.
S.D. Codified Laws § 16-12C-13 — SD Code / Title 16 / Chapter 12C / Section 16-12C-13
Jurisdiction--Noncontested proceedings with limited damage amount
Status: in_force

A magistrate court with a clerk magistrate presiding has concurrent jurisdiction with the circuit courts, in noncontested civil actions or noncontested small claims proceedings where the amount of money or damage does not exceed twelve thousand dollars, to take the necessary evidence and to enter a judgment.

Source: SL 2003, ch 117, § 40; SL 2008, ch 105, § 2.
S.D. Codified Laws § 16-23-9 — SD Code / Title 16 / Chapter 23 / Section 16-23-9
Ineligibility for participation in other program
Status: in_force

No person may participate in the program established pursuant to the provisions of this chapter if the person has previously participated in the program, or any other state or federal scholarship, loan repayment, or tuition reimbursement program that obligates the person to provide attorney services within an underserved area.

Source: SL 2013, ch 102, § 9.
S.D. Codified Laws § 16-19-35.1 — SD Code / Title 16 / Chapter 19 / Section 16-19-35.1
Petition by board for temporary suspension
Status: in_force

The board may petition the Supreme Court to temporarily suspend an attorney from the practice of law or to impose restrictions or conditions on the attorney's practice pending full investigation, where the attorney poses a risk or danger to clients, clients' property, or the public, where the board can demonstrate a substantial likelihood that the attorney will ultimately be disciplined, and where the charges under investigation, if ultimately proven, would likely result in a suspension or disbarment. The board counsel shall serve a copy of the petition upon the attorney by certified mail. The attorney shall file with the Supreme Court a response within ten days of service or at such time as the Supreme Court may direct, and serve a copy of the response on the board counsel. The Supreme Court may schedule a hearing before the Supreme Court or order a hearing to be conducted by a referee. To the extent possible, these proceedings shall be conducted on an expedited basis. The Supreme Court may deny the petition, suspend the attorney pending formal proceedings, impose upon the attorney restrictions or conditions for the continued practice of law, or enter protective and remedial orders as the Supreme Court deems appropriate.

A temporarily suspended attorney shall not practice law or act as a legal assistant except as provided by §§ 16-18-34.4 to 16-18-34.7 , inclusive.

Source: 1995, ch 306 (Supreme Court Rule 94-13); ch 315 (Supreme Court Rule 95-8); Supreme Court Rule 97-28; SL 2016, ch 246 (Supreme Court Rule 16-21 ), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-22-11 — SD Code / Title 16 / Chapter 22 / Section 16-22-11
Promulgation of rules governing evidence-based felony probation supervision practices
Status: in_force

The Supreme Court shall establish rules pursuant to § 16-3-1 governing evidence-based felony probation supervision practices, including a validated risk and needs assessment, and targeting the probationer's criminal risk factors with suitable supervision and intervention, focusing resources on moderate-risk and high-risk offenders.

Source: SL 2013, ch 101, § 14, eff. Oct. 1, 2013.
S.D. Codified Laws § 16-18-2.3 — SD Code / Title 16 / Chapter 18 / Section 16-18-2.3
Certification of legal intern or extern by law school dean--Filing--Effective period--Withdrawal by dean or termination by Supreme Court
Status: in_force

The certification pursuant to § 16-18-2.2 by the law school dean of a law student to become and perform as a legal intern or extern:

(1) Shall be filed with the clerk of the Supreme Court and the secretary of the Board of Bar Examiners and, unless it is sooner withdrawn, it shall remain in effect until the expiration of the term fixed by the certificate of the dean, or until the announcement by the Board of Bar Examiners of this state of the results of the first bar examination following the student's graduation, whichever is earlier. Provided, that as to any student who passes such examination, the certification shall continue in effect until the date he or she is admitted to practice law pursuant to § 16-16-17 ; but such continuation shall not exceed three months unless the Board of Bar Examiners finds good cause for further extension. However, any student who fails such examination on the first occasion may apply to the Board of Bar Examiners and obtain, upon a showing of good cause and good faith, an extension certificate until the results of the next bar examination are announced. The Board of Bar Examiners may consult with, or seek advice from, anyone it deems appropriate when determining if an extension should be granted;

(2) May be withdrawn by the dean at any time by mailing a notice to that effect to the secretary of the Board of Bar Examiners and the clerk of the Supreme Court, which shall be filed by the clerk. Such withdrawal may be without notice or hearing and without any showing of cause;

(3) May be terminated by the Supreme Court at any time without notice or hearing and without any showing of cause. Notice of termination shall be filed with the clerk of the court and the secretary of the Board of Bar Examiners;

(4) May be terminated by the Board of Bar Examiners at any time without notice of hearing and without any showing of cause. Notice of termination shall be filed with the clerk of the Supreme Court.

Source: Supreme Court Order No. 3, 1969; Supreme Court Rule 75-4, § 2; Supreme Court Rule 89-14; SL 2011, ch 241 (Supreme Court Rule 10-17), eff. July 1, 2011; SL 2011, ch 251 (Supreme Court Rule 11-08), eff. July 1, 2011; SL 2025, ch 222 (Supreme Court Rule 24-09), eff. Sept. 4, 2024.
S.D. Codified Laws § 16-12B-10 — SD Code / Title 16 / Chapter 12B / Section 16-12B-10
Jurisdiction--Committal
Status: in_force

A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to act as a committing magistrate for all purposes.

Source: SL 2003, ch 117, § 19.
S.D. Codified Laws § 16-2-20.1 — SD Code / Title 16 / Chapter 2 / Section 16-2-20.1
Quarterly reports of undecided circuit court cases--Submission and transmittal--Discipline for noncompliance
Status: in_force

Every circuit judge of this state shall on the first day of January, April, July, and October of each year submit a report, on forms as designated by the Supreme Court, to the presiding judge of his or her respective circuit specifying the cases that remain undecided ninety days or more after submission, together with the cases that were under submission for ninety days or more prior to the date they were decided during the reporting period. Such reports shall be transmitted by the Presiding Judges to the Chief Justice of the Supreme Court within ten days following the reporting date. For the purpose of this section a matter shall be deemed submitted when the last brief is presented or the time for presenting briefs expires or, in cases in which no briefing schedule has been fixed, when the parties rest. Willful noncompliance with the provisions of this rule shall constitute grounds for discipline under the provisions of Canon 3A(5) of the South Dakota Code of Judicial Conduct and S.D. Const., Art. V, § 9.

Source: Supreme Court Rule 79-8; Supreme Court Rule 80-18.
S.D. Codified Laws § 16-13-9.2 — SD Code / Title 16 / Chapter 13 / Section 16-13-9.2
Random selection of names placed on master jury list--Number of names--Electronic process authorized
Status: in_force

The state court administrator's office shall choose, at random, a number not less than one nor more than the total number of jurors to be placed on the master jury list. Using that random number, the state court administrator's office shall select from the jury selection list for each county the name corresponding to that random number in sequence. This process shall continue until the number of names provided for pursuant to § 16-13-2 is selected. The processes specified in this section may be performed electronically.

Source: SL 1972, ch 125, § 9; SL 1973, ch 135, § 3; SL 1982, ch 172, § 6; SL 1992, ch 153, § 7; SL 2003, ch 118, § 5; SL 2014, ch 105, § 3.
S.D. Codified Laws § 16-19-98 — SD Code / Title 16 / Chapter 19 / Section 16-19-98
Order of reinstatement to active status from medical inactive status
Status: in_force

A petition for reinstatement of an attorney on medical inactive status shall be granted by the Supreme Court upon a showing by clear and convincing evidence that the attorney is competent to resume the practice of law. An attorney who has been placed on medical inactive status may not be reinstated 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 97-37; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-21-8 — SD Code / Title 16 / Chapter 21 / Section 16-21-8
Public access
Status: in_force

Public access to the electronic documents filed in the EDMS shall be available at no charge at the clerk's office during regular business hours through a public access terminal or any other reasonable means to provide access to publicly available portions of an electronic record. Fees for copies of electronic documents shall be as provided by law.

Source: SL 2012, ch 255, § 8 (Supreme Court Rule 12-01), eff. Feb. 21, 2012.
S.D. Codified Laws § 16-19-46 — SD Code / Title 16 / Chapter 19 / Section 16-19-46
Proceedings not to be abated for failure to prosecute or settlement
Status: in_force

Failure of a complainant to sign a complaint or to prosecute a charge, or the settlement or compromise between the complainant and the attorney, shall not justify abatement of the processing of any complaint.

Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 2; SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule VII; SL 2016, ch 246 (Supreme Court Rule 16-32), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-18-23 — SD Code / Title 16 / Chapter 18 / Section 16-18-23
Refusal by attorney to pay money to client as misdemeanor
Status: in_force

An attorney who receives the money or property of his client in the course of his professional business, and refuses to pay or deliver it in a reasonable time after demand, is guilty of a Class 2 misdemeanor.

Source: PolC 1877, ch 18, § 17; CL 1887, § 478; RPolC 1903, § 705; RC 1919, § 5268; SDC 1939, § 13.1257; SL 1979, ch 150, § 18.
S.D. Codified Laws § 16-18-12 — SD Code / Title 16 / Chapter 18 / Section 16-18-12
Proof of authority required of attorney
Status: in_force

The court may on motion of either party and on showing of reasonable grounds therefor, require the attorney for the adverse party, or for any one of the several adverse parties, to produce or prove by his oath or otherwise the authority under which he appears, and until he does so may stay all proceedings by him on behalf of the parties for whom he assumes to appear.

Source: PolC 1877, ch 18, § 7; CL 1887, § 468; RPolC 1903, § 700; RC 1919, § 5264; Supreme Court Rule 15, 1939; SDC 1939 & Supp 1960, § 32.1203.
S.D. Codified Laws § 16-16-22 — SD Code / Title 16 / Chapter 16 / Section 16-16-22
Application for reinstatement--Fees and charges--Determination of eligibility
Status: in_force

The application for certification pursuant to § 16-16-21 and the supporting proof shall be in such form as the Supreme Court may direct. The applicant shall pay to the clerk of such court and to the secretary of the Board of Bar Examiners the same fees and charges as required of applicants for a license to practice law. If the court is satisfied as to the prerequisites stated in § 16-16-21 for entertaining such application, there shall be determined as provided in § 16-16-23 the qualifications of the applicant for such certification.

Source: Supreme Court Rule, Order No. 1, 1960.
S.D. Codified Laws § 16-13-31 — SD Code / Title 16 / Chapter 13 / Section 16-13-31
Panel not invalidated by irregularity--Dismissal of panel after misfeasance or malfeasance
Status: in_force

No irregularity or omission upon the part of the state court administrator's office or of any officer, in the performance of any duty imposed by this chapter, serves to invalidate the panel of grand or petit jurors selected unless it shall be made to appear to the satisfaction of the court for which the panel was drawn that there was such misfeasance or malfeasance as would tend to deprive some litigant or person charged with crime of a substantial right, in which event the court may dismiss any or all members of the panel from the trial of such case or the consideration of such matter or for the term and may make such order respecting the drawing of additional names from the list or a new panel or a special venire as the court may deem proper.

Source: SL 1935, ch 85, § 12; SDC 1939 & Supp 1960, § 32.1012; SL 1972, ch 125, § 21; SL 2003, ch 118, § 10; SL 2015, ch 118, § 3.
S.D. Codified Laws § 16-19-39 — SD Code / Title 16 / Chapter 19 / Section 16-19-39
Reference for formal disciplinary proceedings on conviction of serious crime
Status: in_force

Upon the receipt of notice of conviction of an attorney for a serious crime, the Supreme Court shall also refer the matter to the board for the institution of a formal proceeding in which the sole issue to be determined shall be the extent of the final discipline to be imposed. A disciplinary proceeding so instituted will not be brought to hearing until all appeals from the conviction are concluded.

Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 5 (d); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule X (e); SL 2016, ch 246 (Supreme Court Rule 16-25), eff. July 1, 2016.
S.D. Codified Laws § 16-13-29 — SD Code / Title 16 / Chapter 13 / Section 16-13-29
First names drawn as grand jury
Status: in_force

If the calling of a grand jury has been directed the first names drawn to the required number, shall constitute the grand jury.

Source: SL 1935, ch 85, § 11; SDC 1939 & Supp 1960, § 32.1011.
S.D. Codified Laws § 16-19-91 — SD Code / Title 16 / Chapter 19 / Section 16-19-91
Burden of proof in medical inactive status and reinstatement proceedings
Status: in_force

In a proceeding seeking a transfer of an attorney to medical inactive status under § 16-19-92 , the burden of proof shall rest with the board. In a proceeding seeking an order of reinstatement to active status under § 16-19-98 , the burden of proof shall rest with the attorney. In either case, the burden of proof shall be by clear and convincing evidence.

Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 6 (e); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XV (e); SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-12C-14 — SD Code / Title 16 / Chapter 12C / Section 16-12C-14
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 clerk magistrate 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, § 41; SL 2025, ch 89, § 2.
S.D. Codified Laws § 16-22-30 — SD Code / Title 16 / Chapter 22 / Section 16-22-30
Report to oversight council on probation and parole infractions
Status: in_force

The Unified Judicial System and the Department of Corrections shall annually submit a report to the oversight council which includes aggregate statistics on the number of probation or parole infractions and the sanction for each. The report shall also include a summary of the incentives given to probationers or parolees under supervision.

Source: SL 2017, ch 92, § 5.
S.D. Codified Laws § 16-19-36 — SD Code / Title 16 / Chapter 19 / Section 16-19-36
Attorney's conviction of crime to be reported to disciplinary board
Status: in_force

Any attorney and the clerk of any court in this state in which an attorney is convicted of a crime, except those misdemeanor traffic offenses or traffic ordinance violations not involving the use of alcohol or drugs, shall within ten days of said conviction transmit a certified judgment of conviction to the disciplinary board. If such certified judgment of conviction is for a serious crime as defined in § 16-19-37 , the board shall promptly transmit the same to the Supreme Court.

Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 5 (b); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule X (b), (d); SL 2016, ch 246 (Supreme Court Rule 16-22 ), eff. July 1, 2016; SL 2017, ch 228 (Supreme Court Rule 17-05), eff. Jan. 19, 2017; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-22-24 — SD Code / Title 16 / Chapter 22 / Section 16-22-24
Treatment and intervention programs
Status: in_force

Treatment and intervention programs, as used in this section, mean substance abuse, mental health, or cognitive based treatment received by probationers or parolees.

All treatment and intervention programs for parolees and probationers shall be intended to reduce recidivism as demonstrated by research or documented evidence.

Payment for substance abuse or mental health treatment services may be made only if the services are recommended through an assessment conducted by a provider accredited by the Department of Social Services. Payment for cognitive based treatment services may be made only if the services are recommended through a risk and needs assessment tool used by the Department of Corrections or the Unified Judicial System.

The Department of Social Services shall collect data related to the participation, completion and treatment outcomes of all probationers and parolees receiving treatment services paid for by the Department of Social Services. The Department of Social Services shall report this information semiannually to the oversight council.

The Department of Corrections shall collect data on the recidivism outcomes of parolees receiving treatment and interventions. The Department of Corrections shall report this information semiannually to the oversight council.

The Unified Judicial System shall collect data on the recidivism outcomes of probationers receiving treatment and interventions, the number and the percentage of probationers referred for mental health assessment, the number and the percentage of probationers referred for mental health treatment, and the annual cost of probationer mental health assessments and treatment both in total and separated by funding source. The Unified Judicial System shall report this information semiannually to the oversight body established pursuant to § 16-22-21 .

Source: SL 2013, ch 101, § 70; SL 2017, ch 109, § 32.
S.D. Codified Laws § 16-5-17 — SD Code / Title 16 / Chapter 5 / Section 16-5-17
Special and adjourned terms of circuit court
Status: in_force

The circuit judge may by order provide for the holding of such additional special terms, or adjourned terms as the pending business, in his judgment, requires.

Source: SDC 1939 & Supp 1960, § 33.1101.
S.D. Codified Laws § 16-12C-15 — SD Code / Title 16 / Chapter 12C / Section 16-12C-15
Right of appeal to circuit court
Status: in_force

Unless appeal is denied by law, there is a right of appeal to the circuit court from any final order or judgment of the magistrate court with a clerk magistrate presiding, and such appeal shall be taken in the manner prescribed by law or rule for appeals to the circuit court.

Source: SL 2003, ch 117, § 42.
S.D. Codified Laws § 16-6-5.1 — SD Code / Title 16 / Chapter 6 / Section 16-6-5.1
Additional compensation of presiding circuit judge--Not subject to certain retirement provisions
Status: in_force

The presiding judge of each circuit shall receive additional compensation for administrative duties in the sum of two thousand dollars for each presiding circuit court judge. 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 1974, ch 31, § 2; SDCL Supp, § 16-6-5 ; SL 1977, ch 6, § 11; SL 1989, ch 178, § 3; SL 2019, ch 22, §§ 1, 45.
S.D. Codified Laws § 16-21A-6 — SD Code / Title 16 / Chapter 21A / Section 16-21A-6
Retention
Status: in_force

A registered attorney electronically filing or serving a document, or any person filing a petition for mental illness commitment, is deemed to represent that the document so filed or served is a true and correct copy of the original. The original, if in hardcopy form, shall be maintained by the filing attorney or person filing a mental illness commitment for 120 days after the date of electronic filing or service, whichever is later. Self-represented litigants electronically filing or serving a document shall maintain the original document in hardcopy form for two years after the date of electronic filing and service, whichever is later. Both attorneys and self-represented litigants shall make the original document available upon request of the court, the signatories, or other parties during the required retention period. In the event of a failure to comply with this provision the court may make such orders in regard to the failure as are appropriate under the circumstances including, but not limited to, the following: order that the electronic document be considered the original document for all purposes; prohibit the party from introducing designated matters in evidence as a result of the failure to comply; strike any relevant pleadings or parts thereof; stay further proceedings until the order is obeyed; dismiss the action or proceeding or any part thereof; order the party to pay reasonable expenses, including attorney's fees, caused by the failure as the court may determine appropriate. In lieu of any of the foregoing, or in addition thereto, the court may treat such failure as a contempt of court.

Source: SL 2014, ch 254 (Supreme Court Rule 13-12 ), eff. July 1, 2014.
S.D. Codified Laws § 16-13-41.2 — SD Code / Title 16 / Chapter 13 / Section 16-13-41.2
Retention of employment status during jury status--Pay
Status: in_force

Any employee serving as provided in § 16-13-41.1 shall retain and be entitled to the same job status, pay, and seniority as he had prior to performing jury duty. Such temporary leave of absence while performing jury duty may be with or without pay within the discretion of the employer.

Source: SL 1974, ch 324, § 2.
S.D. Codified Laws § 16-16A-1 — SD Code / Title 16 / Chapter 16A / Section 16-16A-1
Definitions
Status: in_force

1. Board – the South Dakota Board of Bar Examiners;

2. Law school – the University of South Dakota Knudson School of Law;

3. NCBE – the National Conference of Bar Examiners;

4. Public service – full-time employment within South Dakota with any federal, state, local, or tribal government, Dakota Plains Legal Services, or East River Legal Services; and

5. Supervising attorney – an attorney who meets the requirements of § 16-18-2.9 and agrees to undertake the supervision of a participant in accordance with the provisions of §§ 16-18-2.1 to 16-18-2.10 , inclusive.

Source: SL 2025, ch 227 (Supreme Court Rule 25-01), eff. Feb. 21, 2025.
S.D. Codified Laws § 16-18-13 — SD Code / Title 16 / Chapter 18 / Section 16-18-13
Attorney's duty to respect courts
Status: in_force

It is the duty of an attorney and counselor at law to maintain the respect due to the courts of justice and judicial officers.

Source: PolC 1877, ch 18, § 4, subdiv 1; CL 1887, § 465, subdiv 1; RPolC 1903, § 697, subdiv 1; RC 1919, § 5262 (1); Supreme Court Rule 13, 1939; SDC 1939 & Supp 1960, § 32.1201 (1).
S.D. Codified Laws § 16-1A-10 — SD Code / Title 16 / Chapter 1A / Section 16-1A-10
Status of judge pending criminal, removal or retirement proceedings
Status: in_force

A judge is disqualified from acting as a judge, but shall suffer no loss of salary, while there is pending an indictment or an information charging him with a crime punishable as a felony under South Dakota or federal law, or a recommendation to the Supreme Court by the commission for his removal or retirement.

Source: SL 1973, ch 136, § 11.
S.D. Codified Laws § 16-19-72 — SD Code / Title 16 / Chapter 19 / Section 16-19-72
Notice to attorney of disciplinary order from other jurisdiction
Status: in_force

Upon receipt of a certified copy of an order demonstrating that an attorney admitted to practice in this state has been disciplined in another jurisdiction, the Supreme Court shall issue a notice directed to the attorney and a copy to the board containing:

(1) A copy of the order from the other jurisdiction; and

(2) An order directing that the attorney inform the Supreme Court, within thirty days from service of the notice, of any claim by the attorney predicated upon the grounds set forth in § 16-19-74 that the imposition of the identical discipline in this state would be unwarranted and the reasons therefor.

(3) Any claim by the attorney that imposition of identical discipline is unwarranted may be referred to the board for an investigation and report to the Supreme Court.

(4) In the event discipline imposed in another jurisdiction has been stayed, any reciprocal discipline in this state shall be deferred until such stay expires.

Source: Supreme Court Rule 19, 1939; SDC 1939 & Supp 1960, § 32.1211; SDCL § 16-19-4 ; Supreme Court Rule 78-1, Rule XII (b); SL 2006, ch 338 (Supreme Court Rule 06-64), eff. July 1, 2006; SL 2016, ch 246 (Supreme Court Rule 16-51), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-1A-4 — SD Code / Title 16 / Chapter 1A / Section 16-1A-4
Budget for commission--Rules--Confidentiality of proceedings--Administrative support
Status: in_force

The Supreme Court shall prepare and present to the Legislature a proposed annual budget for the commission, make rules implementing and enforcing the powers of the commission, provide for confidentiality of proceedings, and provide administrative support in managing the budget, in paying for travel expenses, in paying salaries of employees, and in drafting contracts for services as directed by the commission pursuant to §§ 16-1A-6 to 16-1A-8 , inclusive.

Source: SL 1973, ch 136, § 7; SL 2009, ch 101, § 1.
S.D. Codified Laws § 16-19-80 — SD Code / Title 16 / Chapter 19 / Section 16-19-80
Affidavit of compliance filed by disbarred or suspended attorney
Status: in_force

Within ten days after the effective date of disbarment or suspension the disbarred or suspended attorney shall file with the Supreme Court an affidavit showing:

(1) That the attorney has fully complied with the provisions of the order and with this chapter; and

(2) That the attorney has fully complied with all requirements of other state, federal, and administrative jurisdictions to which the attorney is admitted to practice.

(3) Such affidavit shall also set forth the residence or other address of the disbarred or suspended attorney where communications to the attorney may thereafter be directed.

Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 8 (d); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XIII (d); SL 2016, ch 246 (Supreme Court Rule 16-58), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-12B-5 — SD Code / Title 16 / Chapter 12B / Section 16-12B-5
Jurisdiction to issue summonses, warrants
Status: in_force

A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to issue summonses, warrants of arrest, and warrants for searches and seizures.

Source: SL 2003, ch 117, § 14.
S.D. Codified Laws § 16-13-10.1 — SD Code / Title 16 / Chapter 13 / Section 16-13-10.1
Policy of state regarding jury selection and service
Status: in_force

It is the policy of the State of South Dakota that all litigants in the courts of this state entitled to trial by jury shall have the right to grand and petit juries selected at random from a fair cross - section of the community in the municipality, district, or county where the court convenes. It is further the policy of the State of South Dakota that all citizens of this state, qualified for jury duty, shall have the opportunity to be considered for service on grand and petit juries in the courts of this state, and shall have an obligation to serve as jurors when summoned for that purpose.

Source: SL 1972, ch 125, § 2.
S.D. Codified Laws § 16-18-2.2 — SD Code / Title 16 / Chapter 18 / Section 16-18-2.2
Requirements for participation by law student
Status: in_force

In order to make an appearance and to participate pursuant to §§ 16-18-2.1 to 16-18-2.10 , inclusive, the law student must:

(1) Be duly enrolled in or a graduate of the school of law of the University of South Dakota or a law school approved by the American Bar Association.

(2) Have completed legal studies amounting to at least four semesters or the equivalent if the school is on some basis other than a semester basis.

(3) Be certified by the dean of such law school as being of good moral character and competent legal ability, and as being adequately trained to perform as a legal intern or extern. As a part of the certificate the dean shall set forth the termination date of the certificate. No certificate shall remain in effect in excess of eighteen months after it is filed.

(4) Be introduced to the court or administrative agency in which he or she is appearing as a legal intern or extern by a lawyer authorized to practice law in this state.

(5) Neither ask nor receive any compensation or remuneration of any kind for his or her services from the person on whose behalf he or she renders services, but this shall not prevent a lawyer, legal aid bureau, law school, public defender agency, or the state from paying compensation to the legal intern, nor shall it prevent any agency from making such charges for its services as it may otherwise properly require, or prevent any agency or lawyer from reimbursing a legal intern or extern for reasonable, out-of-pocket expenses related to the field placement.

(6) Certify in writing that he or she has read and is familiar with the rules of professional conduct of the Supreme Court of South Dakota, this title and the provisions of § 19-19-502 , and agree to govern his or her conduct accordingly. Such certification shall either be made part of or shall be annexed to the certification of the dean of the law school as required by subdivision (3) of this section.

Source: Supreme Court Order No. 3, 1969; Supreme Court Rule 75-4, § 1; Supreme Court Rule 80-16; Supreme Court Rule 87-13; SL 1988, ch 432; SL 1989, ch 30, § 49; SL 2011, ch 240 (Supreme Court Rule 10-16), eff. July 1, 2011; SL 2011, ch 250 (Supreme Court Rule 11-07), eff. July 1, 2011.
S.D. Codified Laws § 16-3-3 — SD Code / Title 16 / Chapter 3 / Section 16-3-3
Substantive rights not to be affected by rules
Status: in_force

No rule promulgated under this chapter shall in any manner abridge, enlarge, or modify the substantive rights of any litigant.

Source: SDC 1939 & Supp 1960, § 32.0902.
S.D. Codified Laws § 16-12B-2 — SD Code / Title 16 / Chapter 12B / Section 16-12B-2
Service as magistrate by retired justice or judge--Effect of acts--Expenses
Status: in_force

Retired justices and judges, with their consent, may be authorized by the Chief Justice of the Supreme Court to preside in any action or proceeding, or over any term of court, in the magistrate court. If so authorized and acting, the orders, judgments, and decrees of that court entered by such retired justice or judge are as effectual for all purposes as though made by a regularly elected or appointed magistrate. The Supreme Court shall provide for the reimbursement of their expenses.

Source: SL 2003, ch 117, § 11.
S.D. Codified Laws § 16-18-22 — SD Code / Title 16 / Chapter 18 / Section 16-18-22
Bond to release attorney's lien--Bill of particulars required of attorney
Status: in_force

Any person interested may release such lien by executing a bond in a sum double the amount claimed, or in such sum as may be fixed by a judge, payable to the attorney, with security to be approved by the clerk of courts, conditioned to pay the amount finally due the attorney for his services which amount may be ascertained by suit on the bond. Such lien will be released unless the attorney within ten days after demand therefor furnishes any party interested a full and complete bill of particulars of the services and amount claimed for each item, or written contract with the party for whom the services were rendered.

Source: PolC 1877, ch 18, § 10; CL 1887, § 471; RPolC 1903, § 703; RC 1919, § 5267; SDC 1939 & Supp 1960, § 32.1206.
S.D. Codified Laws § 16-2-40 — SD Code / Title 16 / Chapter 2 / Section 16-2-40
Surcharge taxable as costs
Status: in_force

The surcharge provided for in § 16-2-39 shall be costs in the case and are taxable as such.

Source: SL 1990, ch 151, § 3.
S.D. Codified Laws § 16-16-23 — SD Code / Title 16 / Chapter 16 / Section 16-16-23
Examination required of applicant for reinstatement--Examination dispensed with if applicant manifestly qualified
Status: in_force

Except as otherwise hereinafter specifically stated, certification pursuant to § 16-16-21 shall be issued only if the applicant satisfactorily passes the examination for which provision is made in §§ 16-16-9 and 16-16-10 . If, however, such court is satisfied from the proof submitted and from such independent investigation as may be made by the court that the applicant is manifestly qualified to practice law in this state, the court may, in its discretion, issue such certification without such examination. In determining whether or not the court shall certify the applicant without requiring examination the court shall take into consideration such factors as it may deem pertinent, such as the extent of the applicant's experience and practice of law; his past success in the profession; his demonstrated proficiency therein; the character of his business or professional work other than practice of law; and the extent, if at all, to which such other business or professional work has related to legal problems. If an applicant for certification pursuant to § 16-16-21 is required to take such examination and fails three times to pass the same, he may not be permitted to take another examination except by permission of the Supreme Court.

Source: Supreme Court Rule, Order No. 1, 1960.
S.D. Codified Laws § 16-21-4 — SD Code / Title 16 / Chapter 21 / Section 16-21-4
Official record
Status: in_force

(1) Whenever available, the official court record shall be the electronic file maintained by the Unified Judicial System. The official record shall also include, however, any conventional documents or exhibits filed and maintained in accordance with the policy for EDMS. The clerk of court shall maintain the official court record in an electronic format or in a combination of electronic and nonelectronic formats as required. Documents filed by traditional methods shall be electronically scanned and made part of the official record in accordance with the EDMS policy. If a document submitted by traditional methods is not of sufficient graphical quality to be legible when electronically scanned into the EDMS, the clerk shall maintain the document in paper format.

(2) An electronic transmission or print-out from the EDMS that shows the clerk's seal attesting to the document's authenticity shall be considered an official record or certified copy of the original.

(3) Any court rule requiring that a document be an original, be on paper or another tangible medium, or be in writing, is satisfied by the electronic image defined as the original document in this rule. No record or signature may be denied legal effect or enforceability solely because it is in electronic form.

(4) A requirement that a document or signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached or logically associated with the document or signature.

(5) Court personnel will electronically file all official documents entered by the court. This applies to any electronic documents generated by the court and shall include orders, judgments, memoranda, papers, notices and any other official document.

Source: SL 2012, ch 255, § 4 (Supreme Court Rule 12-01), eff. Feb. 21, 2012.
S.D. Codified Laws § 16-17-8 — SD Code / Title 16 / Chapter 17 / Section 16-17-8
Amendment of bylaws and rules--Approval by Supreme Court
Status: in_force

Amendments to bylaws and rules of the State Bar may be adopted in like manner, at any regular or special meeting of the State Bar, and shall become effective upon approval by the Supreme Court.

Source: SL 1931, ch 84, § 8; SDC 1939 & Supp 1960, § 32.1117.
S.D. Codified Laws § 16-12B-16 — SD Code / Title 16 / Chapter 12B / Section 16-12B-16
Right of appeal to circuit court
Status: in_force

Unless appeal is denied by law, there is a right of appeal to the circuit court from any final order or judgment of the magistrate court with a magistrate judge presiding, and such appeal shall be taken in the manner prescribed by law or rule for appeals to the circuit court.

Source: SL 2003, ch 117, § 25.
S.D. Codified Laws § 16-19-26 — SD Code / Title 16 / Chapter 19 / Section 16-19-26
Meetings of the board--Quorum--Vote required for action
Status: in_force

The board shall meet at least quarterly at times fixed by the chair. The board may meet by the use of audio or visual medium. Four members shall constitute a quorum. The board shall act only with the concurrence of four or more members.

Source: Supreme Court Rule 78-1, Rule IV (c), (d); Supreme Court Rule 79-5; SL 2016, ch 246 (Supreme Court Rule 16-12 ), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-13-10.3 — SD Code / Title 16 / Chapter 13 / Section 16-13-10.3
Certain elderly persons may be excused upon request
Status: in_force

Any person eighty years of age or older may request to be excused from jury duty. The judge shall give substantial weight to the person's request to be relieved from jury duty, balancing the request with the need to impanel a jury.

Source: SL 2009, ch 104, § 1.
S.D. Codified Laws § 16-1-4.1 — SD Code / Title 16 / Chapter 1 / Section 16-1-4.1
Mandatory retirement of justices at age seventy--Conclusion of pending matters
Status: in_force

A justice of the Supreme 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 justice. Such justice 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 § 16-15-5 — SD Code / Title 16 / Chapter 15 / Section 16-15-5
Refusal to testify as misdemeanor
Status: in_force

Every person guilty of any contempt of court by the contumacious and unlawful refusal to be sworn or affirmed as a witness; or, when so sworn or affirmed, like refusal to answer any material question, is guilty of a Class 2 misdemeanor.

Source: PenC 1877, § 202, subdiv 6; CL 1887, § 6402, subdiv 6; RPenC 1903, § 205, subdiv 6; RC 1919, § 3793 (6); SDC 1939, § 13.1235 (6); SL 1979, ch 150, § 9.
S.D. Codified Laws § 16-18-14 — SD Code / Title 16 / Chapter 18 / Section 16-18-14
Attorney's duty to respect reputation of parties and witnesses
Status: in_force

It is the duty of an attorney and counselor at law to abstain from all offensive personalities and to advance no fact prejudicial to the honor or reputation of a party or witness unless required by the justice of the cause with which he is charged.

Source: PolC 1877, ch 18, § 4, subdiv 5; CL 1887, § 465, subdiv 5; RPolC 1903, § 697, subdiv 5; RC 1919, § 5262 (5); Supreme Court Rule 13, 1939; SDC 1939 & Supp 1960, § 32.1201 (5).
S.D. Codified Laws § 16-18-34.5 — SD Code / Title 16 / Chapter 18 / Section 16-18-34.5
Application by disqualified persons--Requirements--Hearing--Burden of proof
Status: in_force

The application by a person disqualified under § 16-18-34.4 must establish the applicant's good moral character, competency, education, training, or experience in the legal system, substantive and procedural law, and the Rules of Professional Conduct, and the ability to comply with the ethical considerations of § 16-18-34.3 .

The applicant shall have the burden of demonstrating by clear and convincing evidence that the applicant has the moral and ethical qualifications, competency and learning in law required to act as a legal assistant in this state and that acting as a legal assistant within the state will not be detrimental to the integrity and standing of the bar or the administration of justice, or subversive of the public interest.

The Supreme Court may act upon the application or, where no recommendations have been made under § 16-18-34.7 , refer the application to the Disciplinary Board if the applicant was an attorney or to a circuit judge for testimony, findings, and recommendations. The cost of such hearing will be paid as provided by § 16-19-70.1 .

The Supreme Court may deny the application if it finds approval would be detrimental to the integrity and standing of the bar or the administration of justice or subversive of the public interest. If the applicant has met the burden of proof, the Supreme Court may grant the application and impose such restrictions or conditions upon the employment and supervision of legal assistants as the court deems appropriate for the protection of the public.

Source: Supreme Court Rule 97-25.
S.D. Codified Laws § 16-22-22 — SD Code / Title 16 / Chapter 22 / Section 16-22-22
Membership of oversight council
Status: in_force

The oversight council shall be composed of thirteen members. The Governor shall appoint four members, including one member from the Board of Pardons and Paroles, one member from the Department of Corrections, one member from the Department of Social Services, and one additional member who shall serve as chair. The Chief Justice shall appoint four members, one of whom shall be a defense attorney. The majority leader of the Senate shall appoint two legislative members of the Senate, one from each political party. The majority leader of the House of Representatives shall appoint two legislative members of the House of Representatives, one from each political party. The Attorney General shall appoint one member.

Source: SL 2013, ch 101, § 68.
S.D. Codified Laws § 16-22-5.1 — SD Code / Title 16 / Chapter 22 / Section 16-22-5.1
Key components for drug courts
Status: in_force

South Dakota drug courts shall adhere to the following ten key components in order to maintain the fidelity and preserve the structural integrity of such programs:

Key Component 1: Drug courts integrate alcohol and other drug treatment services with justice system case processing.

Key Component 2: Using a non-adversarial approach, prosecution and defense counsel promote public safety while protecting participants' due process rights.

Key Component 3: Eligible participants are identified early and promptly placed in the drug court program.

Key Component 4: Drug courts provide access to a continuum of alcohol and other drug related treatment and rehabilitation services.

Key Component 5: Abstinence is monitored by frequent alcohol and other drug testing.

Key Component 6: A coordinated strategy governs drug court responses to participants' compliance.

Key Component 7: Ongoing judicial interaction with each drug court participant is essential.

Key Component 8: Monitoring and evaluation measure the achievement of program goals and gauge effectiveness.

Key component 9: Continuing interdisciplinary education promotes effective drug court planning, implementation, and operations.

Key Component 10: Forging partnerships among drug courts, public agencies, and community-based organizations generates local support and enhances drug court effectiveness.

Source: SL 2014, ch 255 (Supreme Court Rule 13-13 , § 2), eff. Jan. 1, 2014.
S.D. Codified Laws § 16-19-90 — SD Code / Title 16 / Chapter 19 / Section 16-19-90
Notice to attorney of medical inactive status proceedings--Representation of attorney
Status: in_force

The Supreme Court shall provide for such notice to the attorney of proceedings in the matter as it deems necessary and may appoint an attorney to represent the attorney if the attorney is without adequate representation.

Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 6 (b); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XV (b); SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-23-5 — SD Code / Title 16 / Chapter 23 / Section 16-23-5
Incentive payment to participating attorneys
Status: in_force

Any attorney who fulfills the requirements of the recruitment assistance program established pursuant to this chapter, is entitled to receive an incentive payment in five equal annual installments, each in an amount equal to ninety percent of the University of South Dakota School of Law resident tuition and fees as determined on July 1, 2013.

Source: SL 2013, ch 102, § 5; SL 2017, ch 93, § 7.
S.D. Codified Laws § 16-12A-29.1 — SD Code / Title 16 / Chapter 12A / Section 16-12A-29.1
Counties to provide facilities for court
Status: in_force

Each county in the state shall provide suitable and adequate facilities for the magistrate court, including the facilities necessary to make the space provided functional for its intended use.

Source: SL 2003, ch 117, § 8.
S.D. Codified Laws § 16-17-3 — SD Code / Title 16 / Chapter 17 / Section 16-17-3
Membership of State Bar
Status: in_force

The membership of the State Bar shall be all persons who are now or may hereafter be entitled to practice law in this state.

Source: SL 1931, ch 84, § 4; SDC 1939 & Supp 1960, § 32.1114.
S.D. Codified Laws § 16-13-42 — SD Code / Title 16 / Chapter 13 / Section 16-13-42
Summons of additional jurors to supply deficiencies in panel--Procedure where jury list exhausted
Status: in_force

If any person summoned as grand and petit juror does not appear before the court, or if for any cause the panel of grand or petit jurors is not complete, or if no jury is drawn as provided by § 16-13-27 , the court shall order the clerk of courts to summon without delay persons having the qualifications of jurors, whose names appear upon the master jury list, and if the jury list is exhausted then the clerk of courts shall request from the state court administrator's office additional names on the master list pursuant to § 16-13-9.2 . The trial court shall designate the persons authorized to assist the clerk of courts in contacting those summoned. The clerk and authorized assistants shall make and file with the court a memorandum of the manner in which attempts to contact additional jurors were made, responses or lack thereof, and the name of each additional juror contacted. Each person so summoned shall forthwith appear before the court, and, if competent, shall serve on the grand or petit jury as the case may be unless excused or lawfully challenged.

Source: SL 1867-8, ch 19, § 11; PolC 1877, ch 19, § 12; CL 1887, § 445B; RPolC 1903, § 721; RC 1919, § 5297; SL 1935, ch 84; SDC 1939 & Supp 1960, § 32.1018; SL 1972, ch 125, § 22; SL 1978, ch 178, § 576; SL 1982, ch 172, § 28; SL 1984, ch 151, § 1; SL 2003, ch 118, § 12.
S.D. Codified Laws § 16-6-6 — SD Code / Title 16 / Chapter 6 / Section 16-6-6
Reimbursement of expenses of circuit judges--Waiver of right to claim travel expenses
Status: in_force

Each circuit judge shall be reimbursed all necessary expenses incurred in the performance of the duties of office including traveling expense, food, and lodging while traveling outside the county designated by the presiding judge as the circuit judge's duty station, together with telephone, postage, and stationery. However, if the circuit judge does not claim travel expenses within one year of incurring such expenses, the right to claim such expenses is waived. Payment shall be made upon an itemized verified voucher filed with the state auditor.

Source: SL 1907, ch 49; SL 1915, ch 154; RC 1919, § 5169; SL 1919, ch 159, § 1; SL 1925, ch 129; SDC 1939, § 32.0404; SL 1947, ch 151, § 1; SDC Supp 1960, § 32.0404-1 (2); SL 1987, ch 156; SL 1994, ch 406.
S.D. Codified Laws § 16-19-95 — SD Code / Title 16 / Chapter 19 / Section 16-19-95
Reinstatement of attorney to active status
Status: in_force

Where an attorney has been transferred to medical inactive status by an order in accordance with the provisions of § 16-19-88 and thereafter, the attorney has shown that the attorney's ability to competently practice law is no longer adversely affected by the medical condition giving rise to the judicial determination or order, the Supreme Court may direct reinstatement to active status upon such terms as are deemed necessary.

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 § 16-6-14 — SD Code / Title 16 / Chapter 6 / Section 16-6-14
Circuit court jurisdiction as to persons detained
Status: in_force

The circuit court has jurisdiction to inquire into the cause of detention of all persons confined in the jail of the county or otherwise detained, and to make an order for their recommitment or discharge, or otherwise according to law, and to exercise such other powers as are conferred by the Constitution and statutes of this state.

Source: CCrimP 1877, § 17; CL 1887, § 7041; RCCrimP 1903, § 13; RC 1919, § 4653; SDC 1939 & Supp 1960, § 32.0906; SL 1968, ch 143, § 10.
S.D. Codified Laws § 16-22-8.1 — SD Code / Title 16 / Chapter 22 / Section 16-22-8.1
Assignment of magistrate judge to preside over HOPE probation program
Status: in_force

Any magistrate court with a magistrate judge presiding may, upon assignment of the presiding judge of the circuit, act in lieu of a circuit court judge having jurisdiction to administer and preside over a HOPE probation program established under § 16-22-8 .

Source: SL 2018, ch 127, § 1, eff. Feb. 28, 2018.
S.D. Codified Laws § 16-13-32 — SD Code / Title 16 / Chapter 13 / Section 16-13-32
Neglect of officer's duty or malfeasance as contempt of court
Status: in_force

Neglect of any officer to perform any duty imposed by this chapter, or the corrupt malfeasance of any such duty shall be deemed a contempt of the circuit court, and may be punished as such in the discretion of the court.

Source: SL 1935, ch 85, § 13; SDC 1939 & Supp 1960, § 32.1013.
S.D. Codified Laws § 16-6-8 — SD Code / Title 16 / Chapter 6 / Section 16-6-8
Chancery and common-law jurisdiction of circuit court
Status: in_force

The circuit court possesses chancery as well as common - law jurisdiction.

Source: CCivP 1877, § 27; CL 1887, § 4824; RCCivP 1903, § 29; RC 1919, § 2113; SDC 1939 & Supp 1960, § 32.0903.
S.D. Codified Laws § 16-2-47 — SD Code / Title 16 / Chapter 2 / Section 16-2-47
Refusal to file or docket document
Status: in_force

A clerk of courts may refuse to file or docket any document that the law does not require or authorize a clerk to file or docket or any document that the clerk has reasonable cause to believe is a counterfeit lien as defined in § 22-11-29 .

Source: SL 1997, ch 45, § 4.
S.D. Codified Laws § 16-15-7 — SD Code / Title 16 / Chapter 15 / Section 16-15-7
Resistance to judicial process as misdemeanor
Status: in_force

Every person guilty of any contempt of court by resistance intentionally offered to the lawful order or process of any court is guilty of a Class 2 misdemeanor.

Source: PenC 1877, § 202, subdiv 5; CL 1887, § 6402, subdiv 5; RPenC 1903, § 205, subdiv 5; RC 1919, § 3793 (5); SDC 1939, § 13.1235 (5); SL 1979, ch 150, § 11.
S.D. Codified Laws § 16-1A-13 — SD Code / Title 16 / Chapter 1A / Section 16-1A-13
Benefits retained by retired judge--Loss of benefits by removed judge
Status: in_force

A judge retired by the Supreme Court shall not by reason thereof lose any benefits to which he may be entitled pursuant to chapter 3-12C . A judge removed by the Supreme Court is permanently ineligible for judicial office and shall be entitled only to a refund of contributions pursuant to § 3-12C-602 .

Source: SL 1973, ch 136, § 13; SL 2019, ch 22, §§ 1, 45.
S.D. Codified Laws § 16-1-9 — SD Code / Title 16 / Chapter 1 / Section 16-1-9
Term of Supreme Court--Places
Status: in_force

The Supreme Court shall have but one term coincident with the calendar year and will be in session for consideration of cases on the calendar in the courtroom of the court at the capitol and in such other first and second class municipalities in the state as specified by order of the court.

Source: SD Const, art 5, § 4; SL 1890, ch 73, § 1; RPolC 1903, § 621; RC 1919, § 5132; SDC 1939 & Supp 1960, § 32.0104; Supreme Court Rule 75-2, § 3; SL 1992, ch 60, § 2.
S.D. Codified Laws § 16-19-25 — SD Code / Title 16 / Chapter 19 / Section 16-19-25
Chair and vice-chair of the board
Status: in_force

The President of the State Bar shall designate one attorney member as chair of the board and may designate another attorney member as vice-chair.

Source: Supreme Court Rule 78-1, Rule IV (b); SL 2016, ch 246 (Supreme Court Rule 16-11 ), eff. July 1, 2016.
S.D. Codified Laws § 16-16-2.4 — SD Code / Title 16 / Chapter 16 / Section 16-16-2.4
Use of information
Status: in_force

(1) In reviewing the relevant conduct identified in § 16-16-2.3 the board shall consider:

(a) Applicant's age at the time of the conduct;

(b) Recency of conduct;

(c) Reliability of the information concerning the conduct;

(d) Seriousness of the conduct;

(e) Factors underlying the conduct;

(f) Cumulative effect of conduct or information;

(g) evidence of rehabilitation;

(h) Applicant's candor in the admission process; and

(i) Results of applicant's criminal background check.

Source: SL 1990, ch 429 (Supreme Court Rule 89-11); SL 2003, ch 264 (Supreme Court Rule 03-5), eff. July 1, 2003.
S.D. Codified Laws § 16-18-18 — SD Code / Title 16 / Chapter 18 / Section 16-18-18
Attorney's duty to respect client's confidence
Status: in_force

It is the duty of an attorney and counselor at law to maintain inviolate the confidence, and at any peril to himself to preserve the secret of his client.

Source: PolC 1877, ch 18, § 4, subdiv 4; CL 1887, § 465, subdiv 4; RPolC 1903, § 697, subdiv 4; RC 1919, § 5262 (4); Supreme Court Rule 13, 1939; SDC 1939 & Supp 1960, § 32.1201 (4).
S.D. Codified Laws § 16-22-2 — SD Code / Title 16 / Chapter 22 / Section 16-22-2
Drug court advisory council
Status: in_force

The Chief Justice shall establish an advisory council to address the operational, coordination, resource, information management, and evaluation needs of the drug courts.

Source: SL 2013, ch 101, § 2.
S.D. Codified Laws § 16-16-12.3 — SD Code / Title 16 / Chapter 16 / Section 16-16-12.3
Attorney licensing when spouse is a member of the armed forces
Status: in_force

Notwithstanding any other provision in law, any attorney licensed to practice law in another jurisdiction within the United States, shall be admitted to practice in this state if:

(1) His or her spouse is a member of the armed forces of the United States;

(2) His or her spouse is the subject of a military transfer to South Dakota for active duty military service;

(3) He or she left employment to accompany the applicant's spouse to South Dakota; and

(4) He or she meets the requirements in § 16-16-12.4 .

Source: SL 2014, ch 252 (Supreme Court Rule 13-10 ), eff. Sept. 10, 2013.
S.D. Codified Laws § 16-19-22 — SD Code / Title 16 / Chapter 19 / Section 16-19-22
Supreme Court exclusive power to disbar or suspend attorney
Status: in_force

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

Source: SL 1893, ch 21, § 8; SL 1899, ch 49, § 1; SL 1901, ch 60, § 8; RPolC 1903, § 692; RC 1919, § 5273; SDC 1939 & Supp 1960, § 32.1208; SDCL § 16-19-1 ; SL 2016, ch 246 (Supreme Court Rule 16-08), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-19-33 — SD Code / Title 16 / Chapter 19 / Section 16-19-33
Specific grounds for discipline of attorneys
Status: in_force

The following shall similarly constitute misconduct and shall be grounds for discipline:

(1) Conviction of a crime as set forth in § 16-19-36 ;

(2) Disobedience to, or violation of an order of the court requiring the attorney to act or refrain from acting in a particular manner;

(3) Violation of any of the duties of an attorney as prescribed in chapter 16-18 ;

(4) Conviction of any of the offenses relating to attorneys set out in chapter 16-18 ;

(5) Violation of the provisions of § 16-17-10 ;

(6) Engaging or attempting to engage in the practice of law in this state, while not being an active member of the State Bar in good standing;

(7) Violation of the prohibitions of § 16-18-29 ;

(8) Violation of § 16-18-20.1 or 16-18-20.2 ;

(9) Violation of §§ 16-18-34 to 16-18-34.5 , inclusive, by a supervising attorney or by a legal assistant under the attorney's supervision.

(10) Violation of the applicable provisions of the South Dakota Code of Judicial Conduct, appendix to chapter 16-2 .

Source: SDC 1939 & Supp 1960, § 32.1209; SDCL § 16-9-2; Supreme Court Rule 78-1, Rule II (c); Supreme Court Rule 82-6; Supreme Court Rule 97-27; SL 2016, ch 246 (Supreme Court Rule 16-18 ), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-19-85 — SD Code / Title 16 / Chapter 19 / Section 16-19-85
Participation by board counsel in hearing on reinstatement--Appearance by and examination of petitioner
Status: in_force

In all proceedings before the board upon a petition for reinstatement, cross-examination of the witnesses and of the petitioner, and the submission of evidence, if any, in opposition to the petition shall be conducted by the board's counsel. Board members may inquire of the witnesses and of the petitioner into all matters required by § 16-19-84 for petitioner's readmission. The petitioner shall be present in person at the hearing and shall submit to such examination as the board deems proper.

Source: Supreme Court Rule 78-1, Rule XIV (c), (d); SL 1998, ch 327; SL 2016, ch 246 (Supreme Court Rule 16-63), eff. July 1, 2016.
S.D. Codified Laws § 16-19-49 — SD Code / Title 16 / Chapter 19 / Section 16-19-49
Resumption of disciplinary proceedings when attorney no longer on medical inactive status
Status: in_force

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

Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 6 (c); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XV (c); SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-16-3 — SD Code / Title 16 / Chapter 16 / Section 16-16-3
Composition and appointment of board of bar examiners--Terms of office
Status: in_force

The Board of Bar Examiners shall consist of five members of the State Bar appointed by the Supreme Court. The court shall designate a chairman and the clerk of the Supreme Court or an officer of the court so designated shall be the ex officio secretary of the board. No member shall be affiliated with a law school or engaged directly or indirectly in the preparation of applicants to practice law. The terms shall be for no more than three years from January first following appointment, and vacancies shall be filled for the unexpired term. The length of terms shall be varied at the time of appointment to insure that no more than two terms expire at the same time.

Source: Supreme Court Rule 3, Order No. 1, 1957; SDC Supp 1960, § 32.1103; Supreme Court Rule 76-5; SL 1988, ch 430 (Supreme Court Rule 87-11).
S.D. Codified Laws § 16-13-44 — SD Code / Title 16 / Chapter 13 / Section 16-13-44
Application for jury duty prohibited--Report to circuit court--Violation as misdemeanor
Status: in_force

No person shall make application to any sheriff or deputy sheriff in this state to summon either himself or any other designated person to serve as a juror in any court. Any sheriff or deputy sheriff to whom an application is made to summon a designated person to serve as a juror shall forthwith report the name of the person making the application and the name of the person designated to the presiding judge of the circuit court of the circuit in which such application is made, for entry in the minutes of the court. Violation of this section is a Class 2 misdemeanor.

Source: SL 1903, ch 170, §§ 1 to 3; RC 1919, §§ 3723 to 3725; SDC 1939, § 13.1209; SL 1979, ch 150, § 3.
S.D. Codified Laws § 16-12B-1.2 — SD Code / Title 16 / Chapter 12B / Section 16-12B-1.2
Certification and information on nominees for magistrate judge--Approval by Supreme Court
Status: in_force

The presiding judge of each circuit shall certify to the state court administrator the name of each law - trained person that he proposes to appoint in his circuit. Prior to the appointment of any magistrate judge the presiding judge shall present to the state court administrator a resume of the applicant's qualifications setting forth the proposed salary offered and clearly defining the geographical area he will serve and his anticipated work load. The state court administrator shall distribute this information to all members of the court.

The Supreme Court may approve or disapprove the appointment with or without hearing and notify the presiding judge of the court's decision.

Source: § 16-12A-7.2 ; SL 2004, ch 320 (Supreme Court Rule 03-19), eff. Jan. 1, 2004.
S.D. Codified Laws § 16-19-23 — SD Code / Title 16 / Chapter 19 / Section 16-19-23
Powers reserved to other courts to control proceedings
Status: in_force

Nothing contained in this chapter denies any court powers necessary for that court to maintain control over proceedings conducted before it, including the power of contempt.

Source: Supreme Court Rule 78-1, Rule I (b); SL 2016, ch 246 (Supreme Court Rule 16-09), eff. July 1, 2016.
S.D. Codified Laws § 16-18-2.5 — SD Code / Title 16 / Chapter 18 / Section 16-18-2.5
Appearance by legal intern or extern for state, county, or first or second class municipality
Status: in_force

A legal intern or extern may appear in any civil, criminal, or quasi-criminal matter on behalf of the state, a county, or a first or second class municipality with the written approval of the attorney general, state's attorney, or city attorney, as the case may be. The legal intern or extern shall be under the supervision of the approving attorney, or of a deputy or assistant thereof, who has the responsibility as supervising lawyer. The approval may be for a specific case or matter or may be general for a series or type of cases or matters as appears in order to the approving attorney. The approval may be withdrawn at any time by the approving attorney without notice, hearing, or cause stated; and the withdrawal shall be filed pursuant to § 16-18-2.8 . Unless the court orders otherwise, the appearance by the legal intern or extern may be in the absence of the supervising lawyer.

Source: Supreme Court Order No. 3, 1969; Supreme Court Rule 75-4, § 4; SL 1992, ch 60, § 2; SL 2011, ch 253 (Supreme Court Rule 11-10 ), eff. July 1, 2011.
S.D. Codified Laws § 16-22-15 — SD Code / Title 16 / Chapter 22 / Section 16-22-15
Evidence-based practices training
Status: in_force

Any person who exercises supervision over a probationer pursuant to § 23A-27-12.1 or provides intervention services to any probationer shall receive sufficient training on evidence-based practices, how to target criminal risk factors to reduce recidivism, recognizing the signs and symptoms of mental health problems, and defusing mental health crises.

Source: SL 2013, ch 101, § 18, eff. Oct. 1, 2013; SL 2017, ch 109, § 29.
S.D. Codified Laws § 16-19-100 — SD Code / Title 16 / Chapter 19 / Section 16-19-100
Retention of files and records of disbarred, suspended, or reinstated attorney
Status: in_force

The board shall, unless otherwise ordered by the Supreme Court, retain its files and records of any attorney who has been disbarred, suspended, placed on probationary status, placed on medical inactive status pursuant to § 16-19-89 or 16-19-92 , publicly censured, or who has been later reinstated after a prior discipline until such time as the attorney dies, at which time the records may be expunged.

Source: SL 1991, ch 432 (Supreme Court Rule 90-9); SL 2016, ch 246 (Supreme Court Rule 16-66), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-19-82 — SD Code / Title 16 / Chapter 19 / Section 16-19-82
Noncompliance by attorney as contempt
Status: in_force

The failure of an attorney, including an attorney who has been disbarred or suspended, to comply fully and promptly with any of the provisions of this chapter or with any order or judgment entered in disciplinary proceedings, shall constitute contempt and shall be punishable as such by the Supreme Court.

Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 11; SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XIII (h); SL 2016, ch 246 (Supreme Court Rule 16-60), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-13-34 — SD Code / Title 16 / Chapter 13 / Section 16-13-34
Notice to jurors drawn for circuit court panel--Return of acceptance of service
Status: in_force

Unless processed electronically, after the panel or panels of jurors have been drawn, the clerk of courts shall mail to each juror, at least sixty days prior to the time the juror is to serve, a notice that such person has been drawn as a juror.

The notice shall state the time and place the juror shall serve and shall have attached thereto an acceptance of service to be signed by each juror. There shall also be enclosed with the notice a stamped envelope addressed to the clerk of courts for the return of the acceptance of service. Each juror shall sign the acceptance of service of the notice, answer any questionnaires enclosed with the acceptance, and mail it to the clerk of courts or respond electronically using the court's juror website within ten days after receipt.

Source: SL 1911, ch 229; RC 1919, § 5295; SDC 1939 & Supp 1960, § 32.1015; SL 1982, ch 172, § 21; SL 1983, ch 163, § 5; SL 1992, ch 153, § 17; SL 2003, ch 118, § 11.
S.D. Codified Laws § 16-13-10.2 — SD Code / Title 16 / Chapter 13 / Section 16-13-10.2
Discrimination prohibited
Status: in_force

No citizen shall be excluded from service as a grand or petit juror in the courts of this state on account of race, color, religion, sex, national origin, or economic status.

Source: SL 1972, ch 125, § 3.
S.D. Codified Laws § 16-23-7 — SD Code / Title 16 / Chapter 23 / Section 16-23-7
County and municipality funding
Status: in_force

Any rural county or municipality may appropriate funds for the purpose of carrying out the provisions of this chapter. A rural county or municipality may enter an agreement with any county, municipality, school district, or nonprofit entity to assist the county or municipality in carrying out the provisions of this chapter.

Source: SL 2013, ch 102, § 7; SL 2017, ch 93, § 9.
S.D. Codified Laws § 16-2-42 — SD Code / Title 16 / Chapter 2 / Section 16-2-42
Waiver of surcharge--Conditions
Status: in_force

The surcharge provided for in § 16-2-39 may be waived in the manner provided for in §§ 16-2-29.2 to 16-2-29.4 , inclusive. If a fine is suspended in whole or in part, the surcharge provided for in § 16-2-41 may not be reduced. However, the judge may waive all or any part of the payment of the surcharge which would work a hardship on the person convicted or on his immediate family.

Source: SL 1990, ch 151, § 5.
S.D. Codified Laws § 16-18-32 — SD Code / Title 16 / Chapter 18 / Section 16-18-32
Attorney authorized to remove files from offices of clerks of court--Electronic transmission of copies
Status: in_force

An attorney and counselor at law may temporarily withdraw and transport to the attorney's office at the attorney's expense, for purposes of inspection or copying, any file which is open to public inspection in the offices of the clerks of court. Any such file shall be returned if needed and requested by the court or the clerk thereof. This authorization may be suspended, in regard to any individual attorney, by the presiding judge for good cause or for previous failure to comply with the provisions of this section. In lieu of file removal, copies of the file or requested portions may be transmitted to the attorney electronically as determined by circuit policy.

Source: SL 1984, ch 153; SL 2010, ch 108, § 1.
S.D. Codified Laws § 16-18-15 — SD Code / Title 16 / Chapter 18 / Section 16-18-15
Attorney not to maintain unjustified actions or defenses--Criminal defense excepted
Status: in_force

It is the duty of an attorney and counselor at law to counsel or maintain no other actions, proceedings, or defenses than those which appear to him legal and just, except the defense of a person charged with a public offense.

Source: PolC 1877, ch 18, § 4, subdiv 2; CL 1887, § 465, subdiv 2; RPolC 1903, § 697, subdiv 2; RC 1919, § 5262 (2); Supreme Court Rule 13, 1939; SDC 1939 & Supp 1960, § 32.1201 (2).
S.D. Codified Laws § 16-2-58 — SD Code / Title 16 / Chapter 2 / Section 16-2-58
Commission on equal access to our courts surcharge for petition to modify order for child support, child custody, child visitation, or spousal support
Status: in_force

For any petition or motion to modify final orders for child support, child custody, child visitation, or spousal support, the clerk of courts shall collect the sum of fifty dollars as a commission on equal access to our courts surcharge. The surcharge shall be collected from the person filing the motion or petition at the time of filing. The surcharge shall be collected by the clerk in the manner in which other fees are collected. No surcharge may be collected in any civil action or proceeding commenced by the state, county, a municipality, or a school district. The surcharge may be waived pursuant to the provisions of §§ 16-2-29.2 and 16-2-29.3 .

Source: SL 2009, ch 102, § 4.
S.D. Codified Laws § 16-12C-5 — SD Code / Title 16 / Chapter 12C / Section 16-12C-5
Authority to solemnize marriages--Fees
Status: in_force

A clerk magistrate appointed pursuant to this chapter may solemnize marriages. The clerk of courts shall collect a fee of twenty dollars for a clerk 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, § 32.
S.D. Codified Laws § 16-2-48 — SD Code / Title 16 / Chapter 2 / Section 16-2-48
Court action for refusal to file or docket document
Status: in_force

Any person whose document or lien is refused for filing or docketing by the clerk of courts pursuant to § 16-2-47 may commence an action in the circuit court for that county for an order directing the clerk to file or docket the document. If the court determines that the clerk is required or authorized by law to file or docket the document or that the lien is not counterfeit, it shall order the clerk to file or docket the document.

Source: SL 1997, ch 45, § 5.
S.D. Codified Laws § 16-2-28 — SD Code / Title 16 / Chapter 2 / Section 16-2-28
Accounting system for funds
Status: in_force

The Supreme Court shall by rule provide for an accounting system for the receipting, holding, and disbursement of fines, fees, costs, forfeitures, restitution, bonds, trust funds, support and alimony payments, penalties, assessments, and other funds established by law.

Source: SL 1949, ch 32; SDC Supp 1960, § 12.1404-1; SDCL, § 16-10-5 ; SL 1982, ch 170, § 1; SL 1998, ch 114, § 1.
S.D. Codified Laws § 16-18-29 — SD Code / Title 16 / Chapter 18 / Section 16-18-29
Acceptance of consideration from defendant by attorney for public agency as misdemeanor
Status: in_force

Every attorney general, state's attorney, or other public prosecutor, or any attorney directly or indirectly connected therewith as a partner, who receives directly or indirectly from or on behalf of any defendant any valuable consideration, upon any understanding or agreement, express or implied, having relation to the defense of any action or proceeding, civil or criminal, for or in behalf of the public against such defendant, which action or proceeding is then under preparation, pending, or having theretofore been prosecuted by such attorney, is guilty of a Class 2 misdemeanor. Nothing in this section shall prohibit any attorney from acting as such on his own behalf when prosecuted either civilly or criminally.

Source: PenC 1877, §§ 730 to 732; CL 1887, §§ 6921 to 6923; RPenC 1903, §§ 754 to 756; RC 1919, §§ 4370 to 4372; SDC 1939, § 13.1250; SL 1979, ch 150, § 20.
S.D. Codified Laws § 16-22-12 — SD Code / Title 16 / Chapter 22 / Section 16-22-12
Report of probation practices and training implementation
Status: in_force

The Unified Judicial System shall monitor and report semiannually to the oversight council the extent to which practices of probation supervision, as adopted in rule by the Supreme Court, as well as training requirements prescribed in §§ 16-22-15 and 16-14-4 are implemented.

Source: SL 2013, ch 101, § 15, eff. Oct. 1, 2013.
S.D. Codified Laws § 16-2-38 — SD Code / Title 16 / Chapter 2 / Section 16-2-38
Unified Judicial System court automation fund created
Status: in_force

There is hereby created in the state treasury a special fund known as the Unified Judicial System court automation fund.

Source: SL 1990, ch 151, § 1.
S.D. Codified Laws § 16-15-1 — SD Code / Title 16 / Chapter 15 / Section 16-15-1
Action or arrest in improper name as misdemeanor
Status: in_force

Every person who maliciously institutes or prosecutes any action or legal proceeding, or makes or procures any arrest, in the name of a person who does not exist, or has not consented that it be instituted or made, is guilty of a Class 2 misdemeanor.

Source: PenC 1877, § 220; CL 1887, § 6420; RPenC 1903, § 224; RC 1919, § 3810; SDC 1939, § 13.1205; SL 1979, ch 150, § 5.
S.D. Codified Laws § 16-22-19 — SD Code / Title 16 / Chapter 22 / Section 16-22-19
Eligibility for earned discharge
Status: in_force

Each offender placed on felony probation for a term of at least six months, except an offender placed on probation for a conviction of a sex offense as defined in § 22-24B-1 , or a violation of sex offender registry requirements, or a violation of community safety zone requirements and who will serve time in the community under probation supervision, is eligible for earned discharge and completion of sentence under § 16-22-18 .

Source: SL 2013, ch 101, § 24.
S.D. Codified Laws § 16-12B-14 — SD Code / Title 16 / Chapter 12B / Section 16-12B-14
Jurisdiction--Mental illness cases
Status: in_force

A magistrate court with a magistrate judge presiding has jurisdiction, upon assignment of the presiding judge of the circuit, to act in lieu of a circuit judge having jurisdiction heretofore granted to county courts or district county courts or judges thereof in relation to the enforcement or administration of the provisions of Titles 27A and 27B.

Source: SL 2003, ch 117, § 23.
S.D. Codified Laws § 16-6-16 — SD Code / Title 16 / Chapter 6 / Section 16-6-16
Court always open for business--Place of hearings and determinations
Status: in_force

The circuit court is always open for the purposes of hearing and determining all actions, special proceedings, motions, and applications of whatever kind or character, and whether of a civil or criminal nature, arising under the laws of the state and of which it has jurisdiction, original or appellate, except issues of fact in civil and criminal actions, and all such actions, special proceedings, motions, and applications may be heard and determined at any place within the judicial circuit in which is situated the county wherein the same is brought or is pending, except as provided in § 16-6-17 .

Source: SL 1887, ch 81, § 1; CL 1887, § 4828; RCCivP 1903, § 33; RC 1919, § 2117; SDC 1939 & Supp 1960, § 33.0801.
S.D. Codified Laws § 16-16-16 — SD Code / Title 16 / Chapter 16 / Section 16-16-16
Review by Supreme Court of bar examiners' decision as to qualifications of applicant
Status: in_force

If an applicant be aggrieved by the decision of the Board of Bar Examiners as to his qualifications and shall so request, the secretary of the board shall transmit the applicant's file and other available information to the Supreme Court for review. The Court shall thereupon conduct such investigation as it deems necessary to a decision as to the qualifications of the applicant for admission. The decision of the Court shall be communicated by the secretary to the applicant and shall be final. Any such request for review must be filed with the Court within thirty days of the decision of the Board of Bar Examiners.

Source: Supreme Court Rule 7, Order No. 1, 1957; SDC Supp 1960, § 32.1107; Supreme Court Rule 75-7; SL 2003, ch 267 (Supreme Court Rule 03-8), eff. July 1, 2003.
S.D. Codified Laws § 16-19-55 — SD Code / Title 16 / Chapter 19 / Section 16-19-55
Subpoena power of board and attorney general--Disobedience as contempt
Status: in_force

A member of the board, its counsel or the attorney general may issue a subpoena requiring any witness to attend at any place within the state and requiring such witness to produce pertinent books, papers, and documents, including client files and records of client funds, and may administer oaths and take testimony in regard to such matters. The willful failure of any person to respond to a subpoena or the willful refusal of any person to testify, is a contempt against the Supreme Court and may be punished accordingly.

Source: Supreme Court Rule 78-1, Rule IX; SL 1998, ch 325; SL 2016, ch 246 (Supreme Court Rule 16-37), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-19-58 — SD Code / Title 16 / Chapter 19 / Section 16-19-58
Certified judgment of conviction as evidence against attorney
Status: in_force

A certified judgment of conviction of an attorney for any crime shall be conclusive evidence of the commission of that crime in any disciplinary proceeding based upon the conviction.

Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 5 (c); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule X (c); SL 2016, ch 246 (Supreme Court Rule 16-39), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-18-10 — SD Code / Title 16 / Chapter 18 / Section 16-18-10
Attorney not to be surety--Violation as misdemeanor
Status: in_force

No practicing attorney and counselor at law shall be a surety in any suit or proceeding which may be instituted in any of the courts of this state. A violation of this section is a Class 2 misdemeanor.

Source: SL 1872-3, ch 48, § 1; PolC 1877, ch 18, § 8; CL 1887, § 469; RPolC 1903, § 701; RC 1919, § 5265; Supreme Court Rule 16, 1939; SDC 1939 & Supp 1960, § 32.1204; SL 1979, ch 150, § 17.
S.D. Codified Laws § 16-21-5 — SD Code / Title 16 / Chapter 21 / Section 16-21-5
Signatures of judges and court officials
Status: in_force

The requirement that any court record or document be signed is met by use of an electronic signature. The submission of a document signed with an "/s/ name" or electronic image of the traditional signature when filed with the login and password of a judge or court official shall constitute an original signature for all purposes. An electronic signature is considered to be the original signature upon the court record or document for all purposes under this rule and other applicable statutes or rules.

Source: SL 2012, ch 255, § 5 (Supreme Court Rule 12-01), eff. Feb. 21, 2012.
S.D. Codified Laws § 16-12C-8 — SD Code / Title 16 / Chapter 12C / Section 16-12C-8
Right to counsel in magistrate court
Status: in_force

No party may be deprived of the assistance of an attorney, at the party's expense, in small claims or magistrate court.

Source: SL 2003, ch 117, § 35.
S.D. Codified Laws § 16-2-46 — SD Code / Title 16 / Chapter 2 / Section 16-2-46
Uniform forms for protection orders
Status: in_force

The Unified Judicial System shall provide forms for the protection orders used in this state.

Source: SL 1994, ch 156, § 2.
S.D. Codified Laws § 16-13-46 — SD Code / Title 16 / Chapter 13 / Section 16-13-46
Jurors' per diem and mileage--Appearance fee--Certification and payment
Status: in_force

Each juror for each day's attendance upon the circuit court or the magistrate court shall receive fifty dollars, and mileage at such rate as may be established pursuant to § 3-9-1 for each mile actually and necessarily traveled, to be paid by the county. However, any juror called but not impaneled shall receive an appearance fee of ten dollars and, in addition, mileage at such rate as may be established pursuant to § 3-9-1 for each mile actually and necessarily traveled. Such juror's fees, except as provided in § 16-13-47 , shall be paid by the county treasurer upon the presentation of warrants. The warrants shall be issued by the county auditor forthwith upon filing of each juror's certificate of attendance. Each certificate shall bear the endorsement or certificate of the clerk of the court in which such fees accrued to the effect that the certificate is accurate as to the time expended and the amount of fees claimed.

Source: SDC 1939, § 32.1021; SL 1947, ch 150; SL 1949, ch 124; SL 1955, ch 127; SL 1967, ch 141; SL 1974, ch 157, § 1; SL 1975, ch 162, § 12; SL 1984, ch 152, § 1; SL 1991, ch 176, § 1; SL 1999, ch 107, § 1.
S.D. Codified Laws § 16-16-7.6 — SD Code / Title 16 / Chapter 16 / Section 16-16-7.6
Admission of full-time faculty member of the University of South Dakota law school
Status: in_force

An attorney licensed to practice law in another jurisdiction within the United States, while actually employed by the Unified Judicial System as its state court administrator or, while actually employed by the University of South Dakota law school as a full - time administrator or as a full - time faculty member may be admitted to practice in this state upon submission of a sworn, written application to the Supreme Court of South Dakota containing the following:

(1) The name and post office address of the applicant;

(2) The jurisdictions in which the applicant is licensed to practice law;

(3) A statement that the applicant is a member in good standing of the bar of the jurisdictions in which he or she is licensed;

(4) A statement that the applicant has not been the subject of disciplinary action by the bar or courts of any jurisdiction during the preceding five years;

(5) A statement that the applicant has not been denied admission to the courts of any jurisdiction during the preceding five years; and

(6) A statement that the applicant is familiar with the rules of the State Bar of South Dakota and will at all times abide by and comply with the same.

Such application will be accompanied by the following:

(1) A certificate of admission to the bar in the jurisdictions in which the applicant is licensed to practice law; and

(2) A certificate from the proper courts therein that the applicant is a member in good standing.

A full - time administrator or faculty member other than the full - time dean shall also submit:

(1) An affidavit of the Dean of the law school that the applicant is a full - time administrator or faculty member of the University of South Dakota law school in good standing and that the Dean recommends the applicant for admission to practice.

A full - time administrator includes the dean, librarian, associate or assistant deans, or other administrators holding academic appointment.

A full - time faculty member is one who during the academic year devotes substantially all working time to teaching and legal scholarship, participates in law school governance and service, and has no outside office or business activities, and whose outside professional activities, if any, are limited to those that relate to major academic interests or enrich the faculty member's capacity as scholar and teacher, are of service to the legal profession and the public generally, and do not interfere with one's responsibility as a faculty member. A full - time faculty member may hold a joint appointment with the University of South Dakota law school and another college or school within the University of South Dakota.

Source: Supreme Court Rule 85-11; Supreme Court Rule 97-46.
S.D. Codified Laws § 16-17-6 — SD Code / Title 16 / Chapter 17 / Section 16-17-6
Meetings of State Bar
Status: in_force

Annual and special meetings of the State Bar shall be held at such times and places as its board of commissioners may designate or as may be otherwise provided by the bylaws and rules of the State Bar.

Source: SL 1931, ch 84, § 10; SDC 1939 & Supp 1960, § 32.1118.
S.D. Codified Laws § 16-19-44 — SD Code / Title 16 / Chapter 19 / Section 16-19-44
16-19-44. Individual complaint filed with board or Supreme Court--Reference for investigation and report
Status: in_force

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

(1) Board counsel or an attorney board member shall dismiss complaints outside the board's jurisdiction, frivolous complaints, and complaints that fail to state a claim upon which relief could be granted utilizing the same standard of review as would be used by a court reviewing a matter under subdivision 15-6-12(b)(5).

(2) Copies of such dismissals shall be provided to the board and the complainant. A complainant dissatisfied with such a dismissal may, within ten days of such dismissal, request in writing a review by the board. The board shall review the complainant's written request at its next regular or special meeting.

(3) The board shall proceed on all other complaints in accordance with §§ 16-19-50 to 16-19-64 , inclusive.

(B) In the alternative, an individual may initiate an investigation of an attorney's conduct by filing a written complaint with the clerk of the Supreme Court. A complaint of attorney misconduct made directly to the Supreme Court shall comply with the following requirements:

(1) The complaint shall be signed and sworn to by the complainant.

(2) The complaint shall fully state all the facts relied upon by the complainant and shall identify all sources of the factual information. Conclusions, opinions, and suppositions of the complainant shall not be considered.

(3) If the alleged misconduct arose in a criminal case, the complaint shall state the county, court, and file number of the case file, whether there was a conviction, and the status of all appellate review, including pending habeas corpus or other post-conviction relief. Copies of any final decision from appellate or habeas corpus review, post-conviction proceedings, or if pending, the petition, shall be attached.

(4) The complaint shall state whether complainant has previously filed a complaint with the board alleging similar misconduct by the attorney. A copy of any letter of disposition by the board shall be attached.

(C) If the complaint fails to comply with any of the requirements of subsection (B), the clerk of the Supreme Court shall forward the complaint to the board secretary and the complaint shall be treated as if it had been initiated with the board pursuant to subsection 16-19-44(A).

(D) In the event that all requirements of this rule have been met, the Supreme Court shall proceed as follows:

(1) If the Supreme Court shall determine the alleged facts raise an issue of noncompliance with the Rules of Professional Conduct, the Supreme Court shall refer the matter to either the board or the attorney general for an investigation and report pursuant to §§ 16-19-45 to 16-19-64 , inclusive.

(2) Complaints that are frivolous, unfounded in fact, or fail to raise an issue of noncompliance with applicable Rules of Professional Conduct shall be dismissed by the Supreme Court.

(3) Allegations of ineffective assistance of counsel or other attorney conduct which has been raised on appeal or habeas is deemed to be res judicata to the extent addressed by the reviewing court. The complaint process is neither a substitute for nor a precursor to a habeas corpus or post-conviction petition, and complaints alleging misconduct that would appropriately be alleged in a habeas corpus or post-conviction petition shall be deemed premature and dismissed by the Supreme Court.

(4) If the Supreme Court determines the board has previously investigated the complaint, the Supreme Court may, in its discretion, order the board to file a report with the Court on the nature and results of the board's investigation. Upon receipt of the report, the Supreme Court may determine whether the complaint presents new or additional facts which warrant further investigation. If the Supreme Court determines it is warranted, it may order further investigation or if not warranted, may dismiss the complaint.

Source: SDC 1939 & Supp 1960, § 32.1216; SDCL § 16-19-9; Supreme Court Rule 78-1, Rule XX (h); SL 1994, ch 409; Supreme Court Rule 98-30; SL 2016, ch 246 (Supreme Court Rule 16-30), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-1-5 — SD Code / Title 16 / Chapter 1 / Section 16-1-5
Retired justices and retired or active judges acting in place of disqualified justices
Status: in_force

Retired justices and judges, with their consent, and active judges may be authorized by the Chief Justice to act in the place of disqualified justices, or in the event of vacancies or other necessities as determined by the Chief Justice. The court shall provide for the reimbursement of their expenses.

Source: SL 1971, ch 153, §§ 1, 2; SDCL Supp, §§ 16-8-13 , 16-8-14; SL 1974, ch 154, § 4; SL 1977, ch 175.
S.D. Codified Laws § 16-2-53 — SD Code / Title 16 / Chapter 2 / Section 16-2-53
Court Appointed Special Advocates Commission established--Membership--Terms--Reimbursement
Status: in_force

There is created the Court Appointed Special Advocates Commission to make awards through the grant program and to perform related functions as provided in §§ 23-3-52 , 23-3-53 , and 16-2-50 to 16-2-54 , inclusive. The commission is administered and staffed by the Unified Judicial System and consists of five residents of the state, appointed to three - year terms. The commission shall include one member appointed by the Governor with experience in the duties of investigation of child abuse and neglect, one member appointed by the Governor who is a current or former South Dakota legislator, one member appointed by the Governor who has experience in issues of child abuse and neglect in a tribal setting, one member appointed by the Chief Justice of the Supreme Court who has a background in judiciary or legal services with experience and knowledge in abuse and neglect court proceedings, and one member appointed by the Chief Justice of the Supreme Court who has experience with providing treatment services to children who are victims of abuse and neglect. The commission shall meet as necessary to carry out its functions. Each member of the commission shall be paid mileage at the same rate as allowed for state employees and shall receive per diem compensation and allowable expense reimbursement in an amount set pursuant to § 4-7-10.4 for time spent attending commission meetings. However, no per diem may be paid to any commission member who is a state employee.

Source: SL 2003, ch 120, § 6.
S.D. Codified Laws § 16-1A-15 — SD Code / Title 16 / Chapter 1A / Section 16-1A-15
Judicial Qualifications Commission to investigate matters referred by Division of Criminal Investigation
Status: in_force

The Judicial Qualifications Commission shall review and investigate any matter referred to the commission by the Division of Criminal Investigation and may recommend appropriate action.

Source: SL 2017, ch 73, § 6.
S.D. Codified Laws § 16-12A-31 — SD Code / Title 16 / Chapter 12A / Section 16-12A-31
Filing fees
Status: in_force

Filing fees in magistrate court, unless otherwise provided by law, shall be the same as the fees chargeable by the clerk of courts for the filing of actions or proceedings in the circuit court, including the fees prescribed pursuant to § 14-6-1 where applicable.

Source: Supreme Court Rule 75-3, § 5; Supreme Court Rule 83-4.
S.D. Codified Laws § 16-19-67 — SD Code / Title 16 / Chapter 19 / Section 16-19-67
Findings of fact, conclusions of law, and recommendation of investigating agency shall constitute a formal accusation
Status: in_force

Formal disciplinary proceedings shall be conducted as follows:

(1) After investigation as provided in this chapter, the investigating agency may file with the Supreme Court findings of fact, conclusions of law or conclusions pertaining to violations of applicable Rules of Professional Conduct, and a recommendation for formal discipline. Such filing constitutes a formal accusation against the attorney.

(2) A copy of the formal accusation shall be served upon the attorney by certified mail. Unless otherwise directed by the Supreme Court, the investigating agency shall continue to prosecute the formal proceedings. If the recommendation is for suspension or disbarment, it shall also include a finding as to the qualifications of the attorney to act as a legal assistant and a recommendation as to the restrictions or conditions of employment and supervision if the accused is allowed to act as a legal assistant under §§ 16-18-34.4 to 16-18-34.7 , inclusive.

(3) The attorney shall answer the formal accusation within thirty days and admit or deny the allegations therein. If the attorney admits the allegations or fails to answer, the Supreme Court may proceed to render judgment.

(4) If the attorney denies the allegations, the matter shall be tried by the Supreme Court, or the Court may refer the matter for the taking of testimony and the making of findings and recommendations.

(5) A reference may be to any circuit court judge or to a referee appointed by the Supreme Court in the same manner as provided for reference of cases in the circuit court so far as applicable.

(6) The reference shall include the files and records of the board's investigation of the attorney, including the transcript of any hearing conducted by the board.

(7) If the referee recommends suspension or disbarment, the referee shall also make a finding as to the qualifications of the attorney to act as a legal assistant and a recommendation as to restrictions or conditions or employment and supervision if the attorney is allowed to act as a legal assistant under §§ 16-18-34.4 to 16-18-34.7 , inclusive.

Source: SDC 1939 & Supp 1960, § 32.1218; SDCL § 16-19-15 ; Supreme Court Rule 78-1, Rule XX(k); SL 1995, ch 304 (Supreme Court Rule 94-11); Supreme Court Rule 97-32; SL 2016, ch 246 (Supreme Court Rule 16-46), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-18-2.1 — SD Code / Title 16 / Chapter 18 / Section 16-18-2.1
Legal assistance by law students--Purpose of provisions
Status: in_force

The bench and the bar are primarily responsible for providing competent legal services for all persons including those unable to pay for these services. As one means of providing assistance to lawyers and to encourage law schools to provide field placement instruction in legal work of varying kinds, §§ 16-18-2.2 to 16-18-2.10 , inclusive, are adopted. For the purposes of §§ 16-18-2.1 to 16-18-2.10 , "extern" means a student in a field placement program for academic credit offered by a school of law in accordance with the American Bar Association Standards for Approval of Law Schools, including a participant in the public service pathway program pursuant to chapter 16-16A , and "intern" means any other student providing legal assistance under the supervising lawyer.

Source: Supreme Court Order No. 3, 1969; SL 2011, ch 249 (Supreme Court Rule 11-06), eff. July 1, 2011; SL 2025, ch 227 (Supreme Court Rule 25-03), eff. Feb. 21, 2025.
S.D. Codified Laws § 16-16-17.1 — SD Code / Title 16 / Chapter 16 / Section 16-16-17.1
Conditional admission
Status: in_force

In its sole discretion, the Board of Bar Examiners may recommend to the Supreme Court that an applicant be admitted to the bar on a conditional basis in accordance with these Rules. The recommendation may incorporate such terms, conditions and restrictions and be for such duration as the board determines appropriate. The Supreme Court may accept, reject, or modify the recommendation.

A conditional admission shall be confidential except that the Board of Bar Examiners shall advise the secretary-treasurer of the State Bar and the secretary of the State Bar's Disciplinary Board of such conditional admission, and except as provided in §§ 16-16-15 and 16-19-99 . An applicant admitted to the practice of law pursuant to this section is bound by the terms of such conditional admission. Applicants aggrieved by the decision of the Board of Bar Examiners may seek review pursuant to § 16-16-16 .

Source: SL 1996, ch 318; SL 2012, ch 258 (Supreme Court Rule 12-04), eff. July 1, 2012.
S.D. Codified Laws § 16-6-12 — SD Code / Title 16 / Chapter 6 / Section 16-6-12
Original criminal jurisdiction of circuit court
Status: in_force

The circuit court has exclusive original jurisdiction to try and determine all cases of felony, and original jurisdiction concurrent with courts of limited jurisdiction as provided by law to try and determine all cases of misdemeanor and actions or proceedings for violation of any ordinance, bylaw, or other police regulation of political subdivisions.

Source: CCrimP 1877, § 17; CL 1887, § 7041; RCCrimP 1903, § 13; RC 1919, § 4653; SDC 1939 & Supp 1960, § 32.0906; SL 1968, ch 143, § 10; SL 1973, ch 130, § 4.
S.D. Codified Laws § 16-13-22 — SD Code / Title 16 / Chapter 13 / Section 16-13-22
Circuit court order for selection of petit jury--Specifications of order
Status: in_force

The presiding judge of each circuit, or a judge of the circuit court designated by the presiding judge, shall issue an order prior to October first of each year to the clerk of courts that a petit jury for the county or jury district be selected. The order shall specify the total number of jurors to be selected, the number of panels or sections of the panels into which the number of jurors are to be arranged, and the period of time of service during the year for each panel or section. The names shall be selected for each panel or section by lot as provided in § 16-13-27 .

Source: SDC 1939 & Supp 1960, § 32.1010; SL 1982, ch 172, § 15; SL 1983, ch 163, § 3; SL 1997, ch 119, § 6.
S.D. Codified Laws § 16-19-54 — SD Code / Title 16 / Chapter 19 / Section 16-19-54
Attorney's duty to respond to board
Status: in_force

Every attorney shall promptly and appropriately respond to any complaint, letter, or inquiry provided by any member of the board. In the event of failure to respond an attorney is subject to private reprimand by the board, or, after hearing on recommendation of the board, to discipline by the Supreme Court. An attorney must appear at any hearing unless excused by the board or the Supreme Court.

Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 10; SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XVII; SL 2016, ch 246 (Supreme Court Rule 16-36), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-18-2.6 — SD Code / Title 16 / Chapter 18 / Section 16-18-2.6
Preparation of pleadings, briefs, and other documents by legal intern or extern
Status: in_force

In addition to the activities authorized under §§ 16-18-2.4 and 16-18-2.5 , except as may be limited by the certificate of the dean, a legal intern or extern may engage in other activities, under the general supervision of a supervising lawyer, but outside the personal presence of that lawyer, including but not limited to preparation of pleadings, abstracts, and other documents in any matter; but any item requiring signature under rule or statute must be signed by a lawyer authorized to practice law in this state.

Source: Supreme Court Order No. 3, 1969; Supreme Court Rule 75-4, § 5; SL 2011, ch 254 (Supreme Court Rule 11-11 ), eff. July 1, 2011.
S.D. Codified Laws § 16-5-27 — SD Code / Title 16 / Chapter 5 / Section 16-5-27
Regular term in session until terminated or next term
Status: in_force

Unless terminated by order of the court, a regular term of the circuit court shall be deemed in session and subject to sitting at call of the court, until the actual opening of the next following regular or special term.

Source: SDC 1939 & Supp 1960, § 33.1102.
S.D. Codified Laws § 16-13-18.2 — SD Code / Title 16 / Chapter 13 / Section 16-13-18.2
Enforcement of chapter by Supreme Court
Status: in_force

The Supreme Court may by rule make provisions to see that this chapter is enforced properly in every county within the state.

Source: SL 1973, ch 135, § 9; SL 1978, ch 178, § 574.
S.D. Codified Laws § 16-3-11 — SD Code / Title 16 / Chapter 3 / Section 16-3-11
Grounds for declaration of judicial emergency
Status: in_force

A judicial emergency may be declared to exist if an emergency or natural disaster substantially endangers or infringes upon the normal functioning of the judicial system, the ability of persons to avail themselves of the judicial system, the ability of litigants or others to have access to the courts, or to meet schedules or time deadlines imposed by court order or rule, statute, or administrative rule.

Source: SL 2007, ch 132, § 1.
S.D. Codified Laws § 16-19-65 — SD Code / Title 16 / Chapter 19 / Section 16-19-65
Consent by attorney to disbarment--Contents of affidavit
Status: in_force

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

In Re: )

__________ ) RESIGNATION

(Name) )

)

State of __________ ) ss

)

County of __________ )

I, __________, being duly sworn on oath, depose and say that my business address is __________ (Building No. and Name, if any, or Box No.), __________ (Street address, if any), __________ (City), __________ (State), ____ (Zip Code); and that my residence address is __________ (No. Street), __________ (City), __________ (State), __________ (Zip Code). I hereby tender my resignation from membership in the State Bar of South Dakota and request and consent to my removal from the roster of those admitted to practice before the courts of this state and from membership in the State Bar.

I am aware that there is pending against me a formal complaint concerning alleged misconduct and/or that complaints, allegations, or instances of alleged misconduct by me are under investigation by the State Bar Disciplinary Board and that such complaints, allegations, and/or instances include:

(Brief description of alleged misconduct, including designation of provisions of the South Dakota Rules of Professional Conduct and statutes, if any, violated. Also, incorporate by reference of any formal complaint in a pending disciplinary proceeding.)

I do not desire to contest or defend against the above-described complaints, allegations, or instances of alleged misconduct. I am aware of the rules of the Supreme Court and of the bylaws and rules of procedure of the State Bar of South Dakota with respect to admission, discipline, resignation, and reinstatement of members of the State Bar, including SDCL 16-19-80 . I understand that I shall not be permitted to practice law or act as a legal assistant within the State of South Dakota except as provided by §§ 16-18-34.4 to 16-18-34.7 , inclusive. I understand that any future application by me for reinstatement will be treated as an application by one who has been disbarred for misconduct, and that, on such application, I shall not be entitled to a reconsideration or reexamination of the facts, complaints, allegations, or instances of alleged misconduct upon which this resignation is predicated. I am aware that the Supreme Court may impose judgment for costs pursuant to SDCL 16-19-70.1 .

Dated at __________, this ____ day of __________, 20 ____.

Subscribed and sworn to before me this ____ day of __________, 20 ____.

Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 7; SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XI (a); SL 1991, ch 431 (Supreme Court Rule 90-8); Supreme Court Rule 97-30; SL 2016, ch 246 (Supreme Court Rule 16-45), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-18-34.6 — SD Code / Title 16 / Chapter 18 / Section 16-18-34.6
Revocation of order for disqualified persons--Hearing--Burden of proof
Status: in_force

The order granting approval for a disqualified person to act as a legal assistant may be revoked by the Supreme Court upon violation of the conditions set by the court, violation of the requirements of §§ 16-18-34 to 16-18-34.5 , inclusive, or the termination of employment with the supervising attorney without an approved replacement supervising attorney. The Supreme Court may act to revoke the order upon its own motion, or upon a complaint, may refer the complaint to the Disciplinary Board or a circuit judge for testimony, findings, and recommendations. The cost of such hearing will be paid as provided by § 16-19-70.1 .

Source: Supreme Court Rule 97-25.
S.D. Codified Laws § 16-16-21 — SD Code / Title 16 / Chapter 16 / Section 16-16-21
Reinstatement of inactive attorneys--Persons eligible
Status: in_force

The provisions of §§ 16-16-22 to 16-16-24 , inclusive, apply only to a person who:

(1) Has been duly licensed to practice law in this state;

(2) Has not maintained status as an active member of the State Bar of South Dakota;

(3) Is of good moral character; and

(4) May under bylaws of such State Bar regain such active status and the resulting privilege of practicing law in this state only by obtaining from the Supreme Court certification of qualifications for resumption of such practice.

Source: Supreme Court Rule, Order No. 1, 1960; SL 1989, ch 30, § 48.
S.D. Codified Laws § 16-18-11 — SD Code / Title 16 / Chapter 18 / Section 16-18-11
Attorney's power to bind client by agreements--Evidence of agreement
Status: in_force

An attorney and counselor at law has power to bind his client to any agreement in respect to any proceeding within the scope of his proper duties and powers; but no evidence of any such agreement is receivable except the statement of the attorney himself, his written agreement signed and filed with the clerk, or an entry thereof upon the records of the court.

Source: PolC 1877, ch 18, § 6, subdiv 2; CL 1887, § 467, subdiv 2; RPolC 1903, § 699, subdiv 2; RC 1919, § 5263 (2); Supreme Court Rule 14, 1939; SDC 1939 & Supp 1960, § 32.1202 (2).
S.D. Codified Laws § 16-17A-3 — SD Code / Title 16 / Chapter 17A / Section 16-17A-3
Immunity for reporting--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 reporting a lawyer or judge who is impaired or suspected of being impaired to the State Bar, the Supreme Court, any associated assistance committee or entity established or approved by the State Bar or the Supreme Court, or the Unified Judicial System. This section does not apply to any damages caused by willful or criminal misconduct, gross negligence, or reckless misconduct. This section does not relieve any lawyer or judge from any responsibility under the Rules of Professional Conduct or the Code of Judicial Conduct.

Source: SL 2021, ch 88, § 3.
S.D. Codified Laws § 16-22-10 — SD Code / Title 16 / Chapter 22 / Section 16-22-10
Evaluation of program impact on public safety
Status: in_force

Each program shall be evaluated for the impact on public safety outcomes. The Unified Judicial System shall report performance measures for the programs semiannually to the oversight council.

Source: SL 2013, ch 101, § 11, eff. Jan. 1, 2014; SL 2016, ch 113, § 3.
S.D. Codified Laws § 16-16-11 — SD Code / Title 16 / Chapter 16 / Section 16-16-11
Re-examination after three failures prohibited
Status: in_force

An applicant who fails three times to pass the bar examination in any jurisdiction or combination of jurisdictions will not be permitted to take another examination in South Dakota except by permission of the Supreme Court upon a showing that the reasons for previous failures no longer exist and there is a reasonable likelihood the applicant will pass the examination if allowed to take it.

Absent a showing of exceptional circumstances, an applicant who has failed four times to pass the bar examination in any jurisdiction or combination of jurisdictions will not be granted permission to sit for the bar examination under this rule unless the applicant has obtained a scaled score of at least 125 on a prior MBE examination.

Source: 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 1998, ch 313; SL 2006, ch 335 (Supreme Court Rule 06-61), eff. July 1, 2006; SL 2014, ch 266 (Supreme Court Rule 14-07), eff. July 1, 2014; SL 2019, ch 229 (Supreme Court Rule 19-08), eff. Aug. 1, 2019.
S.D. Codified Laws § 16-2-51 — SD Code / Title 16 / Chapter 2 / Section 16-2-51
Court appointed special advocates grant program established
Status: in_force

The court appointed special advocates grant program is hereby established. Under the grant program, the commission shall award grants to entities within the state of South Dakota that are recognized by the National CASA Association, Incorporated, as administering CASA programs. Grants may also be awarded from money in the fund to the South Dakota CASA Association. Grants shall be awarded to support the development, growth, quality, and continuation of CASA programs in South Dakota.

Source: SL 2003, ch 120, § 2.
S.D. Codified Laws § 16-5-22 — SD Code / Title 16 / Chapter 5 / Section 16-5-22
Place of holding terms of circuit court
Status: in_force

All terms of the circuit court within and for each county shall be held at the county seat thereof.

Source: SL 1913, ch 160, § 1; RC 1919, § 5185; SL 1923, ch 303, § 4; SDC 1939 & Supp 1960, § 32.0401; SL 1966, ch 114, § 1; SL 1985, ch 15, § 33.
S.D. Codified Laws § 16-21A-7 — SD Code / Title 16 / Chapter 21A / Section 16-21A-7
Electronic service
Status: in_force

(1) A party who files a document electronically must serve the document by electronic means if the recipient consents to accept documents served electronically. All documents filed electronically must be served electronically through the Odyssey 7 system except for documents served on or by self-represented litigants. On a showing of good cause, an attorney may be granted leave of court to serve paper documents or to be exempt from receiving electronic service.

(2) Electronic service is not effective if the party making service learns that the attempted service did not reach the person to be served.

(3) After July 1, 2014, any party not exempt from electronic filing must designate an e-mail address for accepting electronic service and for receiving electronic service through the electronic filing system.

(4) The court may electronically file and serve on registered attorneys and parties any judgments, orders, notices or other documents prepared by the court in such cases provided the attorney or party to be served has designated an e-mail address for receiving electronic service.

Source: SL 2014, ch 254 (Supreme Court Rule 13-12 ), eff. July 1, 2014.
S.D. Codified Laws § 16-15-4 — SD Code / Title 16 / Chapter 15 / Section 16-15-4
Disturbance of court proceedings as misdemeanor
Status: in_force

Every person guilty of any contempt of court by any breach of the peace, noise, or other disturbance directly tending to interrupt the proceedings of any court, is guilty of a Class 2 misdemeanor.

Source: PenC 1877, § 202, subdiv 3; CL 1887, § 6402, subdiv 3; RPenC 1903, § 205, subdiv 3; RC 1919, § 3793 (3); SDC 1939, § 13.1235 (3); SL 1979, ch 150, § 8.
S.D. Codified Laws § 16-19-24 — SD Code / Title 16 / Chapter 19 / Section 16-19-24
Disciplinary board of State Bar--Appointment and terms of members--Vacancies
Status: in_force

There is hereby established a seven member board to be known as "the disciplinary board of the State Bar of South Dakota" (hereinafter referred to as the "board"). The president of the State Bar shall appoint six active members of the State Bar, and the Chief Justice shall appoint one lay member. The lay member shall be a resident of South Dakota and twenty-one years of age or more. Attorney vacancies shall be filled by the president of the State Bar, and a lay vacancy shall be filled by the Chief Justice.

The term of service for members shall be one term of five years. Except as provided herein, no member shall serve for more than five years. An appointment to fill an unexpired term shall not constitute an appointment prohibiting an appointment for a subsequent term provided that the appointment for an unexpired term does not exceed three years. It is the intent of this rule to provide for the orderly and systematic rotation of board members such that not more than two attorney members complete terms each calendar year. In the event of death, disability, or resignation, resulting in multiple members completing terms in a single calendar year and in order to restore the systematic rotation of board membership, the term of appointment by the appointing person may be either shortened or extended, not to exceed two years' deviation from a five year term.

Source: Supreme Court Rule 78-1, Rule IV (a); SL 2008, ch 285 (Supreme Court Rule 07-06), eff. Jan. 1, 2008; SL 2016, ch 246 (Supreme Court Rule 16-10 ), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-2-25 — SD Code / Title 16 / Chapter 2 / Section 16-2-25
Counties to provide facilities for clerk
Status: in_force

Each county in the state shall provide suitable and adequate facilities for the clerk or any deputy clerk of the circuit court, including the facilities necessary to make the space provided functional for its intended use.

Source: SL 1973, ch 130, § 8; SDCL Supp, § 16-10-2.1 ; SL 1974, ch 55, § 21; SL 1975, ch 162, § 4.
S.D. Codified Laws § 16-16-14 — SD Code / Title 16 / Chapter 16 / Section 16-16-14
Discrimination on account of sex prohibited
Status: in_force

No person shall be refused a license under this chapter on account of sex.

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 § 16-2-29.3 — SD Code / Title 16 / Chapter 2 / Section 16-2-29.3
Waiver of filing fees--Affidavit of inability to pay
Status: in_force

The affidavit required by § 16-2-29.2 of the moving party shall state the moving party's inability to pay; the nature of the action, proceeding, or appeal; and a short concise statement of facts upon which the moving party believes he is entitled to redress.

Source: SL 1982, ch 171, § 2.
S.D. Codified Laws § 16-19-62 — SD Code / Title 16 / Chapter 19 / Section 16-19-62
Response by attorney to proposal for private reprimand--Report and findings by board
Status: in_force

The attorney shall have twenty days in which to agree or object to the findings and proposed action and demand that formal proceedings be initiated in lieu of a private reprimand. Silence shall be deemed to be an agreement with the findings and proposed action. After twenty days or upon the attorney's agreement, the board shall report its findings to the Supreme Court. Upon filing, the findings constitute a private reprimand.

Source: Supreme Court Rule 78-1, Rule V (a) (6); SL 1995, ch 302 (Supreme Court Rule 94-9); SL 2016, ch 246 (Supreme Court Rule 16-43), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-20-1 — SD Code / Title 16 / Chapter 20 / Section 16-20-1
Definitions
Status: in_force

As used in these rules, the following terms mean:

(a) "Judicial proceeding" or "proceeding" includes all public arguments, hearings, trials, or other proceedings before a trial court, except those specifically excluded by these rules. These rules do not apply to coverage of ceremonial or nonjudicial proceedings.

(b) "Expanded media coverage" includes audio or video recording or broadcasting, televising, electronic recording, or photographing of judicial proceedings for the purpose of gathering and disseminating news and educational or instructional information to the public. Any other use, absent express written permission of the court is prohibited.

(c) "Audio media coverage" includes audio recording or broadcasting or electronic recording of judicial proceedings for the purpose of gathering and disseminating news and educational or instructional information to the public. Any other use, absent express written permission of the court is prohibited.

(d) "Trial court" or the "court" means a South Dakota circuit or magistrate court in which a judicial proceeding is taking place.

(e) "Media coordinator" means the circuit court administrator for the circuit in which judicial proceedings are taking place.

(f) "News media" means personnel of a newspaper or other periodical, news service, radio station, television station, or television network, who deliver news to the general public on a regular and consistent basis in print, electronic or digital format.

Source: SL 2011, ch 233 (Supreme Court Rule 10-09), eff. July 1, 2011; SL 2014, ch 261 (Supreme Court Rule 14-02), eff. Feb. 20, 2014.
S.D. Codified Laws § 16-12C-7 — SD Code / Title 16 / Chapter 12C / Section 16-12C-7
Jurisdiction to issue summonses, warrants
Status: in_force

A magistrate court with a clerk magistrate presiding has concurrent jurisdiction with the circuit courts to issue summonses, warrants of arrest, and warrants for searches and seizures, but not to issue warrants or summonses on indictment.

Source: SL 2003, ch 117, § 34; SL 2006, ch 113, § 1.
S.D. Codified Laws § 16-19-83 — SD Code / Title 16 / Chapter 19 / Section 16-19-83
Reinstatement order required before resumption of practice--Time of application--Waiting period after denial of reinstatement
Status: in_force

No attorney suspended for more than three months or disbarred may resume practice until reinstated by order of the Supreme Court. An attorney who has been disbarred may not apply for reinstatement until the expiration of at least five years from the effective date of the disbarment. No petition for reinstatement under § 16-19-87 may be filed within one year following denial of a petition for reinstatement filed by or on behalf of the same person. An attorney suspended or disbarred shall not be permitted to act as a legal assistant except as provided by §§ 16-18-34.4 to 16-18-34.7 , inclusive.

Source: Supreme Court Rule 78-1, Rule XIV (a), (b), (g); Supreme Court Rule 97-34; SL 2016, ch 246 (Supreme Court Rule 16-61), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
S.D. Codified Laws § 16-21-3 — SD Code / Title 16 / Chapter 21 / Section 16-21-3
EDMS conversion
Status: in_force

For those counties with EDMS capabilities, the clerk of courts office shall not maintain a paper court file in any case commenced after the effective date of this rule except as otherwise provided in the EDMS policy. The clerk of courts shall electronically scan all paper documents and convert them to electronic documents pursuant to the EDMS policy.

Source: SL 2012, ch 255, § 3 (Supreme Court Rule 12-01), eff. Feb. 21, 2012.
S.D. Codified Laws § 16-22-29 — SD Code / Title 16 / Chapter 22 / Section 16-22-29
Compliant discharge from probation or parole upon completion of treatment--Conditions
Status: in_force

A parolee or probationer who is eligible for earned discharge credits and serving a sentence or sentences exclusively subject to presumptive probation pursuant to § 22-6-11 , regardless of date of offense, shall be discharged from probation or parole supervision upon completion of all treatment programs required as a condition of the person's probation or parole provided the parolee or probationer has been on supervision for a minimum of twelve full continuous calendar months and in the twelve full continuous calendar months the parolee or probationer:

(1) Has not been under or received a sanction for violation of conditions of supervision;

(2) Has not absconded from supervision;

(3) Has not been placed in jail or prison;

(4) Has not had a probation or parole violation report submitted and does not have a pending probation or parole violation report or pending criminal offense; and

(5) Has complied with all conditions of the person's supervision including completion of any treatment program required as a condition of probation or parole.

A parolee or probationer serving an eligible South Dakota sentence in another state under the Interstate Compact for Adult Offender Supervision who meets the criteria in this section is entitled to discharge in the same manner as a parolee or probationer supervised in South Dakota. Each drug court participant who meets the criteria in this section is entitled to discharge in the same manner as a parolee or probationer if the participant has successfully completed the drug court program.

Within thirty days following a probationer or parolee meeting the criteria for discharge under this section, the supervising court services officer or parole agent shall submit a notice of compliant discharge.

The notice of compliant discharge for a parolee shall be submitted to the secretary of the Department of Corrections. If the secretary finds the parolee met the criteria for compliant discharge, the secretary shall within fifteen days of receipt of the notice from the parole agent issue a certificate of discharge pursuant to § 24-15A-7 .

The notice of compliant discharge for a probationer shall be submitted to the sentencing court. If the court finds that the probationer has met the criteria for compliant discharge, the court shall enter an order discharging the probationer from probation.

A parolee or probationer who meets the criteria for a compliant discharge but, prior to the issuance of the certificate of discharge, receives a formal sanction, absconds, is placed in jail or prison, violates supervision conditions resulting in the submission of a parole or probation violation report, or who fails to comply with supervision conditions shall be removed from the compliant discharge process. The offender shall be retained on supervision or in custody.

Source: SL 2017, ch 92, § 3.
S.D. Codified Laws § 16-13-18.4 — SD Code / Title 16 / Chapter 13 / Section 16-13-18.4
Creation of jury district for county with population of less than five thousand
Status: in_force

If any county within a circuit has a population of less than five thousand, the presiding circuit court judge may create a jury district by joining that county with one or more other counties within the circuit until the total population of the counties exceeds ten thousand. Each county within a jury district is entitled to pro rata representation upon the master jury list to be computed by the presiding judge upon the basis of the last official census.

Source: SL 1997, ch 119, § 1; SL 1998, ch 116, § 2.
S.D. Codified Laws § 16-22-8 — SD Code / Title 16 / Chapter 22 / Section 16-22-8
HOPE probation programs
Status: in_force

The Supreme Court is authorized to establish South Dakota HOPE probation programs in any court that has jurisdiction over criminal cases.

Source: SL 2013, ch 101, § 9, eff. Jan. 1, 2014; SL 2016, ch 113, § 1.
S.D. Codified Laws § 16-5-14 — SD Code / Title 16 / Chapter 5 / Section 16-5-14
Simultaneous sessions of circuit court in same or different counties
Status: in_force

Sessions of circuit court may be held by two or more judges in the same circuit, or in the same county, at the same time, whether or not all of the judges are judges of the circuit.

Source: Supreme Court Rule, Part 2, Rule 46 adopted Sept. 7, 1923, 46 SD XIV; SDC 1939 & Supp 1960, § 33.1107.
S.D. Codified Laws § 16-12B-9 — SD Code / Title 16 / Chapter 12B / Section 16-12B-9
Jurisdiction--Forfeiture of appearance bonds
Status: in_force

A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to take forfeitures of appearance bonds for violation of any ordinance, bylaw, or other police regulation of a political subdivision.

Source: SL 2003, ch 117, § 18.
S.D. Codified Laws § 16-17-1 — SD Code / Title 16 / Chapter 17 / Section 16-17-1
Bar continued as public association
Status: in_force

The State Bar of South Dakota, hereinafter designated as the "State Bar," heretofore created and constituted by law as a public association, is hereby continued as such public association.

Source: SL 1931, ch 84, § 2; SDC 1939 & Supp 1960, § 32.1113.
S.D. Codified Laws § 16-21-1 — SD Code / Title 16 / Chapter 21 / Section 16-21-1
Definitions
Status: in_force

(a) "Electronic Document Management System" ("EDMS") means a collection of computer software application programs and hardware devices that provide a means of organizing and controlling the creation, management and retrieval of documents through their life cycle.

(b) "Electronic record" means a record created, generated, sent, communicated, received, or stored by electronic means within the Unified Judicial System's EDMS.

(c) "Electronic signature" means an electronic symbol or process attached to or logically associated with a document, that can be executed or adopted by the user with the intent to sign a document.

Source: SL 2012, ch 255, § 1 (Supreme Court Rule 12-01), eff. Feb. 21, 2012.
S.D. Codified Laws § 16-13-15 — SD Code / Title 16 / Chapter 13 / Section 16-13-15
Review of qualifications of jurors on master jury list--Removal of disqualified persons from list--Record of reasons for disqualification
Status: in_force

The clerk of courts shall ascertain whether each of the persons on the master juror list has the qualifications of a juror as provided by § 16-13-10 from the information available from records of the county or other readily available sources, or has served as a juror within two years. A person has served as a juror if that person has been summoned and appeared for a trial. If, at any time, it appears that any person listed does not have the qualifications to serve as a juror or has served as a juror within two preceding years, the clerk of courts shall strike the name from the list and draw another in its place if necessary. The clerk of courts shall adjust the number to be drawn to allow for the elimination of the names of those disqualified.

The clerk of courts shall record with the list of jurors the reasons for disqualification of any person stricken from the master jury list.

Source: SL 1935, ch 85, § 8; SDC 1939 & Supp 1960, § 32.1007; SL 1972, ch 125, § 13; SL 1974, ch 156; SL 1982, ch 172, § 10; SL 1992, ch 153, § 13; SL 1996, ch 144, § 1; SL 1997, ch 119, § 4; SL 2003, ch 118, § 9; SL 2014, ch 105, § 5; SL 2022, ch 54, § 1.
S.D. Codified Laws § 16-3-7 — SD Code / Title 16 / Chapter 3 / Section 16-3-7
Filing of rules with secretary of state--Distribution and publication
Status: in_force

A certified copy of all orders entered by the Supreme Court relating to rules adopted by it shall be filed with the secretary of state and, unless otherwise fixed by the order, shall become effective thirty days after filing with the secretary of state. Copies shall be mailed to all judges and to the South Dakota Code Commission and shall be printed in the session laws as provided by § 2-9-11 and in the South Dakota Codified Laws as provided by § 2-16-6 unless otherwise ordered by the court. Such rules may be printed in the South Dakota Reports or such other publications as the court may deem advisable.

Source: SL 1909, ch 13; RC 1919, § 5144; SDC 1939 & Supp 1960, § 32.0902; SL 1973, ch 129, § 3.
S.D. Codified Laws § 16-12B-8 — SD Code / Title 16 / Chapter 12B / Section 16-12B-8
Jurisdiction--Acceptance of defaults and trial of certain petty offenses--Acceptance of pleas--Sentencing
Status: in_force

A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts:

(1) To accept defaults for petty offenses;

(2) To try contested cases involving a petty offense;

(3) To take pleas of guilty, not guilty, nolo contendere for any criminal offense; or

(4) To take pleas of guilty, not guilty, nolo contendere for violation of any ordinance, bylaw, or other police regulation of a political subdivision;

Source: SL 2003, ch 117, § 17; SL 2007, ch 135, § 1, eff. Mar. 2, 2007; SL 2009, ch 103, § 1.
S.D. Codified Laws § 16-2-23.1 — SD Code / Title 16 / Chapter 2 / Section 16-2-23.1
Fees retained by court reporter
Status: in_force

Notwithstanding § 3-8-3 , a court reporter may receive and retain as his own, any fees for taking testimony or preparing transcripts that are authorized by the justice, judge, or magistrate who appointed him.

Source: SL 1975, ch 162, § 9.
S.D. Codified Laws § 16-19-76 — SD Code / Title 16 / Chapter 19 / Section 16-19-76
Notice to courts of suspension or disbarment--Order for protection of clients
Status: in_force

The clerk of the Supreme Court shall promptly transmit a certified copy of every order of suspension or disbarment to all judges in this state, and the presiding judge of each judicial circuit shall make such further order deemed necessary to fully protect the rights of the clients of the suspended or disbarred attorney.

Source: Supreme Court Rule 78-1, Rule XIII (f); SL 2016, ch 246 (Supreme Court Rule 16-54), eff. July 1, 2016.
S.D. Codified Laws § 16-12B-7 — SD Code / Title 16 / Chapter 12B / Section 16-12B-7
Jurisdiction--Bonds and personal recognizance
Status: in_force

A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to fix bond or take personal recognizance of persons charged with an offense.

Source: SL 2003, ch 117, § 16.
S.D. Codified Laws § 16-21A-5 — SD Code / Title 16 / Chapter 21A / Section 16-21A-5
Confidentiality--Sealed documents
Status: in_force

(1) A party electronically filing a document that is not accessible to the public in whole or in part is responsible for redaction or designating the document as confidential or sealed before transmitting it to the court. For any redacted document a sealed version of the original unredacted document should also be filed electronically.

(2) In documents prepared for filing with the court, information that would otherwise be included in the document but required by § 15-15A-9 not to be disclosed in court documents must be separately filed on a Confidential Information Form and may be included in those documents only by reference.

(3) It is the responsibility of the parties to seek advance approval from the court for submitting a document as sealed or confidential if that document is not already declared confidential or sealed by existing law, court rules or order. The title of a sealed or confidential document will appear on any electronic register of actions for the case.

Source: SL 2014, ch 254 (Supreme Court Rule 13-12 ), eff. July 1, 2014.
S.D. Codified Laws § 16-13-21 — SD Code / Title 16 / Chapter 13 / Section 16-13-21
Circuit court order required for summons of grand jury
Status: in_force

A grand jury shall not be drawn, summoned, or required to attend at the sitting of any circuit court unless the judge thereof shall so direct by written order under his hand filed with the clerk of courts.

Source: SL 1895, ch 64, § 7; SL 1899, ch 74; RPolC 1903, § 710; RCCrimP 1903, § 162; SL 1905, ch 92; RC 1919, § 5285; SDC 1939 & Supp 1960, § 32.1009; SL 1978, ch 178, § 573; SL 1979, ch 159, § 3.
S.D. Codified Laws § 16-16-6 — SD Code / Title 16 / Chapter 16 / Section 16-16-6
Examination required of applicants to practice law--Educational requirements
Status: in_force

All applicants for admission, except those applying pursuant to §§ 16-16-7.6 , 16-16-12.1 , 16-16-12.3 , 16-16-12.4 , or chapter 16-16A shall be required to pass satisfactorily an examination conducted by the Board of Bar Examiners. An applicant for permission to take an examination, in addition to the general qualifications prescribed in § 16-16-2 , must furnish satisfactory evidence that he graduated from a law school accredited by the American Bar Association with a J.D. or LL.B. degree or that he will so graduate prior to the examination, or that he has successfully completed all of the requirements for graduation prior to the examination.

An applicant for admission who is a graduate of a foreign law school, not accredited by the American Bar Association, may apply for permission to take the South Dakota bar examination upon good cause shown if the graduate has passed the bar examination in another state and is a member in good standing of the bar of that state.

Source: SL 1893, ch 21, § 2; 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, §§ 32.1104 (1), 32.1106; Supreme Court Rule 6, Order No. 1, 1957; Supreme Court Rule, Order No. 1, 1963; Supreme Court Order No. 1, 1969; Supreme Court Rule No. 2, 1972; Supreme Court Rule 75-7; Supreme Court Rule 82-24; Supreme Court Rule 86-1; SL 1987, ch. 405 (Supreme Court Rule 86-31); SL 2004, ch 322 (Supreme Court Rule 03-21), eff. Jan. 1, 2004; SL 2014, ch 263 (Supreme Court Rule 14-04), eff. July 1, 2014; SL 2015, ch 271 (Supreme Court Rule 15-09), eff. July 1, 2015; SL 2025, ch 227 (Supreme Court Rule 25-02), eff. Feb. 21, 2025.
S.D. Codified Laws § 16-18-2.7 — SD Code / Title 16 / Chapter 18 / Section 16-18-2.7
Oral argument by legal intern or extern before Supreme Court
Status: in_force

A legal intern or extern may participate in oral argument before the Supreme Court but only in the presence of a supervising lawyer who shall certify to the court in his or her introduction of the legal intern or extern to the court that the client has approved the participation by the legal intern or extern.

Source: Supreme Court Order No. 3, 1969; Supreme Court Rule 75-4, § 6; SL 2011, ch 243 (Supreme Court Rule 10-19 ), eff. July 1, 2011; SL 2011, ch 255 (Supreme Court Rule 11-12 ), eff. July 1, 2011.
S.D. Codified Laws § 16-19-21 — SD Code / Title 16 / Chapter 19 / Section 16-19-21
Attorneys subject to discipline by Supreme Court and board
Status: in_force

Any attorney admitted to practice law in this state and any attorney specially admitted by a court of this state for a particular proceeding is subject to the inherent disciplinary jurisdiction of the Supreme Court and the board established by § 16-19-24 .

Source: Supreme Court Rule 78-1, Rule I (a); SL 2016, ch 246 (Supreme Court Rule 16-07), eff. July 1, 2016.
S.D. Codified Laws § 16-17-14 — SD Code / Title 16 / Chapter 17 / Section 16-17-14
Liability of State Bar--Indemnification--Immunity
Status: in_force

The provisions of §§ 47-23-2 , 47-23-2.1 , and 47-23-27 to 47-23-32 , inclusive, apply to the employees, officers, commissioners, committee members, agents, and volunteers of the State Bar, as applicable.

Source: SL 2024, ch 68, § 1.
S.D. Codified Laws § 16-19-35 — SD Code / Title 16 / Chapter 19 / Section 16-19-35
Kinds of discipline authorized
Status: in_force

Discipline for misconduct may be imposed as follows:

(1) Disbarment by the Supreme Court;

(2) Suspension by the Supreme Court for a specific period not to exceed three years;

(3) Placement on a probationary status by the Supreme Court for such period and with such conditions as the Supreme Court may specify;

(4) Public censure by the Supreme Court; and

(5) Private reprimand by the board.

Source: Supreme Court Rule 78-1, Rule III; SL 2016, ch 246 (Supreme Court Rule 16-20 ), eff. July 1, 2016.
S.D. Codified Laws § 16-16-12.4 — SD Code / Title 16 / Chapter 16 / Section 16-16-12.4
Contents of application for licensing when spouse is a member of the armed forces
Status: in_force

Any attorney seeking admission to practice in South Dakota under § 16-16-12.3 shall submit a sworn, written application to the Supreme Court of South Dakota containing the following:

(1) The name and post office address of the applicant;

(2) The jurisdictions in which the applicant is licensed to practice law;

(3) A statement that the applicant is a member in good standing of the bar of the jurisdictions in which he or she is licensed;

(4) A statement that the applicant has not been the subject of disciplinary action by the bar or courts of any jurisdiction during the preceding five years;

(5) A statement that the applicant has not been denied admission to the courts of any jurisdiction during the preceding five years; and

(6) A statement that the applicant is familiar with the rules of the State Bar of South Dakota and will at all times abide by and comply with the same.

Such application will be accompanied by the following:

(a) A certificate of admission to the bar in the jurisdictions in which the applicant is licensed to practice law; and

(b) A certificate from the proper courts therein that the applicant is a member in good standing.

Source: SL 2014, ch 252 (Supreme Court Rule 13-10 ), eff. Sept. 10, 2013.