reglab/housing_qa huggingface dataset:
SD Codified L § 16-19-74 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 19 - Discipline Of Attorneys|Section 16-19-74 - Imposition of identical reciprocal discipline--Grounds for other disposition.

16-19-74. Imposition of identical reciprocal discipline--Grounds for other disposition.The Supreme Court shall impose the identical discipline imposed in another jurisdiction unless the board or the attorney demonstrates and the Supreme Court finds that on the record upon which the discipline is predicated, it clearly appears:(1)That the procedure was so lacking in notice or opportunity to be heard as to constitute a deprivation of due process; or(2)That there was such an infirmity of proof establishing the misconduct that the Supreme Court could not, consistent with its duty, accept as final the conclusion on that subject; or(3)That the misconduct established warrants substantially different discipline in this state; or(4)That the attorney's conduct subject of discipline in another jurisdiction has been or is currently under investigation by the board.Where the Supreme Court determines that any of said elements exist, the Supreme Court shall enter such other order as it deems appropriate. Source: Supreme Court Rule 19, 1939; SDC 1939 & Supp 1960, §32.1211; SDCL §16-19-4; Supreme Court Rule 78-1, Rule XII (d); SL 2006, ch 339 (Supreme Court Rule 06-65), eff. July 1, 2006; SL 2016, ch 246 (Supreme Court Rule 16-53), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
SD Codified L § 16-19-75 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 19 - Discipline Of Attorneys|Section 16-19-75 - Newspaper publication of suspension or disbarment.

16-19-75. Newspaper publication of suspension or disbarment.The clerk of the Supreme Court shall cause a notice of every suspension or disbarment to be published in a newspaper of general circulation in the judicial circuit or circuits in which the disciplined attorney maintained an office for the practice of law. Source: Supreme Court Rule 78-1, Rule XIII (e); SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
SD Codified L § 16-19-76 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 19 - Discipline Of Attorneys|Section 16-19-76 - Notice to courts of suspension or disbarment--Order for protection of clients.

16-19-76. Notice to courts of suspension or disbarment--Order for protection of clients.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.
SD Codified L § 16-19-77 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 19 - Discipline Of Attorneys|Section 16-19-77 - Effective date of suspension or disbarment--New matters not to be accepted--Winding up of pending business.

16-19-77. Effective date of suspension or disbarment--New matters not to be accepted--Winding up of pending business.Unless the Supreme Court shall otherwise order, orders imposing suspension or disbarment shall be effective thirty days after entry. The disbarred or suspended attorney, after entry of the order, shall not accept any new retainer or engage as an attorney for another in any new case or legal matter of any nature. However, during the period from the entry date of the order and its effective date the attorney may wind up and complete on behalf of any client, all matters which were pending on the entry date. Source: Sup. Ct. Disc. Rules Aug. 28, 1974, §8 (c); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XIII (c); SL 2016, ch 246 (Supreme Court Rule 16-55), eff. July 1, 2016.
SD Codified L § 16-19-78 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 19 - Discipline Of Attorneys|Section 16-19-78 - Notice to office clients of disbarment or suspension.

16-19-78. Notice to office clients of disbarment or suspension.A disbarred or suspended attorney shall promptly notify, or cause to be notified, by certified mail, return receipt requested, all clients being represented in pending matters, other than litigation or administrative proceedings, of the attorney's disbarment or suspension and consequent inability to act as an attorney after the effective date of the disbarment or suspension. The notice shall advise such clients to seek legal advice of the client's own choice elsewhere. Source: Sup. Ct. Disc. Rules Aug. 28, 1974, §8 (a); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XIII (a); SL 2016, ch 246 (Supreme Court Rule 16-56), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
SD Codified L § 16-19-79 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 19 - Discipline Of Attorneys|Section 16-19-79 - Notice to opposing counsel and clients involved in litigation or administrative proceedings--Leave of court or agency to withdraw.

16-19-79. Notice to opposing counsel and clients involved in litigation or administrative proceedings--Leave of court or agency to withdraw.A disbarred or suspended attorney shall promptly notify, or cause to be notified, by certified mail, return receipt requested, each client who is involved in pending litigation or administrative proceedings, and each attorney for an adverse party in such cases, of the disbarment or suspension and the attorney's consequent inability to act as an attorney after the effective date of the disbarment or suspension. The notice to be given to the client shall advise the client of the importance of prompt substitution of another attorney of the client's own choice.In the event the client does not obtain substitute counsel before the effective date of the disbarment or suspension, the disbarred or suspended attorney shall move in the court or agency in which the proceeding is pending for leave to withdraw.The notice to be given to the attorney or attorneys for an adverse party shall state the mailing address and place of residence of the client of the disbarred or suspended attorney. Source: Sup. Ct. Disc. Rules Aug. 28, 1974, §8 (b); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XIII (b); SL 2016, ch 246 (Supreme Court Rule 16-57), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
SD Codified L § 16-19-80 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 19 - Discipline Of Attorneys|Section 16-19-80 - Affidavit of compliance filed by disbarred or suspended attorney.

16-19-80. Affidavit of compliance filed by disbarred or suspended attorney.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.
SD Codified L § 16-19-81 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 19 - Discipline Of Attorneys|Section 16-19-81 - Record of compliance maintained by disbarred or suspended attorney--Condition precedent to reinstatement.

16-19-81. Record of compliance maintained by disbarred or suspended attorney--Condition precedent to reinstatement.A disbarred or suspended attorney shall keep and maintain records of the various steps taken under this chapter so that, in any subsequent proceeding, proof of compliance with this chapter and with the disbarment or suspension order will be available. Proof of compliance with this chapter is a condition precedent to any petition for reinstatement. Source: Sup. Ct. Disc. Rules Aug. 28, 1974, §8 (e); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XIII (g); SL 2016, ch 246 (Supreme Court Rule 16-59), eff. July 1, 2016.
SD Codified L § 16-19-82 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 19 - Discipline Of Attorneys|Section 16-19-82 - Noncompliance by attorney as contempt.

16-19-82. Noncompliance by attorney as contempt.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.
SD Codified L § 16-19-83 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 19 - Discipline Of Attorneys|Section 16-19-83 - Reinstatement order required before resumption of practice--Time of application--Waiting period after denial of reinstatement.

16-19-83. Reinstatement order required before resumption of practice--Time of application--Waiting period after denial of reinstatement.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.
SD Codified L § 16-19-84 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 19 - Discipline Of Attorneys|Section 16-19-84 - Petition and hearing on reinstatement--Advance cost deposit--Burden of proof.

16-19-84. Petition and hearing on reinstatement--Advance cost deposit--Burden of proof.A petition for reinstatement by a disbarred or suspended attorney under §16-19-87 may be filed with the board secretary. The petition shall be accompanied by a deposit in an amount to be set by the board to cover prior proceedings and anticipated expenses of the reinstatement proceeding. Upon receipt of the petition and the deposit, the board shall promptly schedule a hearing at which the petitioner shall have the burden of demonstrating by clear and convincing evidence that the petitioner has the moral qualifications, competency, and learning in law required for admission to practice law in this state and that petitioner's resumption of the practice of law within the state will not be detrimental to the integrity and standing of the bar, the administration of justice, or subversive of the public interest. Source: Supreme Court Rule 78-1, Rule XIV (c), (e); Supreme Court Rule 89-19; SL 2016, ch 246 (Supreme Court Rule 16-62), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
SD Codified L § 16-19-85 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 19 - Discipline Of Attorneys|Section 16-19-85 - Participation by board counsel in hearing on reinstatement--Appearance by and examination of petitioner.

16-19-85. Participation by board counsel in hearing on reinstatement--Appearance by and examination of petitioner.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.
SD Codified L § 16-19-86 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 19 - Discipline Of Attorneys|Section 16-19-86 - Board findings and recommendation on reinstatement--Placement on Supreme Court calendar.

16-19-86. Board findings and recommendation on reinstatement--Placement on Supreme Court calendar.After conducting a hearing on reinstatement, the board shall promptly file a report with the Supreme Court containing its findings and recommendations, together with the record. The Supreme Court shall then place the petition on the calendar for argument. Source: Supreme Court Rule 78-1, Rule XIV (c); SL 2006, ch 340 (Supreme Court Rule 06-66), eff. July 1, 2006; SL 2016, ch 246 (Supreme Court Rule 16-64), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
SD Codified L § 16-19-87 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 19 - Discipline Of Attorneys|Section 16-19-87 - Dismissal of petition or order of reinstatement--Conditions imposed on petitioner.

16-19-87. Dismissal of petition or order of reinstatement--Conditions imposed on petitioner.If the Supreme Court finds the petitioner for reinstatement unfit to resume the practice of law, the petition shall be dismissed. If the Supreme Court finds the petitioner fit to resume the practice of law, the Supreme Court shall enter a judgment of reinstatement. The judgment may make reinstatement conditional upon:(1)The payment of all or part of the expenses of the reinstatement and all prior proceedings; and(2)The making of partial or complete restitution to parties harmed by the misconduct which led to petitioner's suspension or disbarment; and(3)The furnishing of proof of competency as may be required in the discretion of the Supreme Court, which proof may include certification by the bar examiners of petitioner's successful completion of examinations for admission to practice after the suspension or disbarment Source: Supreme Court Rule 78-1, Rule XIV (f); SL 1990, ch 438 (Supreme Court Rule 89-20); SL 2016, ch 246 (Supreme Court Rule 16-65), eff. July 1, 2016.
SD Codified L § 16-19-88 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 19 - Discipline Of Attorneys|Section 16-19-88 - Transfer to medical inactive status of attorney subject to certain judicial determinations or orders.

16-19-88. Transfer to medical inactive status of attorney subject to certain judicial determinations or orders.Where there is a determination by a court in any state that an attorney is a protected person as that term is defined in §29A-5-102 or is the subject of a court order directing commitment to or inpatient treatment in a healthcare or treatment facility for a medical condition, the Supreme Court, upon proof of that fact, shall enter an order transferring such attorney to medical inactive status effective immediately and until the further order of the Court. A copy of such order shall be served upon such attorney, the attorney's guardian, and/or the director of the institution to which the attorney has been committed in such manner as the Court may direct. The Supreme Court shall enter such orders as are necessary to notify the attorney's clients of the attorney's change in status. Source: Sup. Ct. Disc. Rules Aug. 28, 1974, §6 (a); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XV (a); SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
SD Codified L § 16-19-89 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 19 - Discipline Of Attorneys|Section 16-19-89 - Petition by board for determination of attorney's competency to practice law--Directions for investigation.

16-19-89. Petition by board for determination of attorney's competency to practice law--Directions for investigation.The disciplinary board may petition the Supreme Court to suspend an attorney from the practice of law pending final hearing and disposition by the Supreme Court, upon good cause shown that the attorney's ability to competently practice law is adversely affected by a medical condition as defined by subdivision 16-19-29(1). The Court may take or direct such action as it deems necessary to determine whether the medical condition adversely affects the attorney's ability to competently practice law, including the examination of the attorney by such qualified medical experts as the Court shall designate. Source: Sup. Ct. Disc. Rules Aug. 28, 1974, §6 (b); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XV (b); SL 1995, ch 305 (Supreme Court Rule 94-12); SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
SD Codified L § 16-19-90 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 19 - Discipline Of Attorneys|Section 16-19-90 - Notice to attorney of medical inactive status proceedings--Representation of attorney.

16-19-90. Notice to attorney of medical inactive status proceedings--Representation of attorney.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.
SD Codified L § 16-19-91 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 19 - Discipline Of Attorneys|Section 16-19-91 - Burden of proof in medical inactive status and reinstatement proceedings.

16-19-91. Burden of proof in medical inactive status and reinstatement proceedings.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.
SD Codified L § 16-19-92 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 19 - Discipline Of Attorneys|Section 16-19-92 - Order transferring attorney to medical inactive status--Pending disciplinary proceedings.

16-19-92. Order transferring attorney to medical inactive status--Pending disciplinary proceedings.If, upon due consideration of the matter, the Supreme Court concludes that the attorney is not competent to continue to practice law because of a medical condition as defined by subdivision 16-19-29(1), it shall enter an order transferring the attorney to medical inactive status until further order of the Court. Any pending disciplinary proceeding against the attorney shall be held in abeyance. An attorney transferred to medical inactive status shall not be permitted to practice law or act as a legal assistant except as provided by §§16-18-34.4 to 16-18-34.7, inclusive. The Supreme Court shall enter such orders as are necessary to notify the attorney's clients of the attorney's change in status. Source: Sup. Ct. Disc. Rules Aug. 28, 1974, §6 (b); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XV (b); Supreme Court Rule 97-35; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
SD Codified L § 16-19-93 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 19 - Discipline Of Attorneys|Section 16-19-93 - Reinstatement order required before attorney on medical inactive status resumes practice.

16-19-93. Reinstatement order required before attorney on medical inactive status resumes practice.No attorney transferred to medical inactive status under the provisions of §16-19-88 or 16-19-92 may resume active status until reinstated by order of the Supreme Court. Source: Supreme Court Rule 78-1, Rule XV (d); SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
SD Codified L § 16-19-94 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 19 - Discipline Of Attorneys|Section 16-19-94 - Petition for reinstatement by attorney on medical inactive status.

16-19-94. Petition for reinstatement by attorney on medical inactive status.Any attorney transferred to medical inactive status under the provisions of §16-19-88 or 16-19-92 shall be entitled to petition for reinstatement to active status once a year or at such shorter intervals as the Supreme Court may direct in the order transferring the attorney to medical inactive status. An attorney who has been placed on medical inactive status may not apply for reinstatement until any pending disciplinary investigation or proceeding has been concluded. Source: Sup. Ct. Disc. Rules Aug. 28, 1974, §6 (d); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XV (d); Supreme Court Rule 97-36; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
SD Codified L § 16-19-95 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 19 - Discipline Of Attorneys|Section 16-19-95 - Reinstatement of attorney to active status.

16-19-95. Reinstatement of attorney to active status.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.
SD Codified L § 16-19-96 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 19 - Discipline Of Attorneys|Section 16-19-96 - Waiver of physician-patient privilege by petition for reinstatement of disabled attorney--Disclosure of names by petitioner.

16-19-96. Waiver of physician-patient privilege by petition for reinstatement of attorney--Disclosure of names by petitioner.The filing of a petition for reinstatement to active status by an attorney transferred to medical inactive status because of a medical condition that adversely affected the attorney's competency to practice law shall be deemed to constitute a waiver of any doctor-patient privilege with respect to any treatment the attorney received that is relevant to that medical condition during the period of medical inactive status. The attorney shall be required to disclose the name of every psychiatrist, psychologist, physician, and hospital or other institution by whom or in which the attorney had been examined or treated for the medical condition since the attorney's transfer to medical inactive status and the attorney shall furnish to the Supreme Court written consent to each to divulge such information and records as requested by court-appointed medical experts. Source: Sup. Ct. Disc. Rules Aug. 28, 1974, §6 (f); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XV (f); SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.