reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-70.1 - Costs and expenses of disciplinary proceedings.

16-19-70.1. Costs and expenses of disciplinary proceedings.
(a) State Bar of South Dakota. Costs and expenses incurred by the board in the investigation or prosecution of any disciplinary or reinstatement proceeding under this chapter shall be paid by the State Bar, provided, however, that the expenses of a disciplinary proceeding may, in the discretion of the Supreme Court, be assessed against the attorney who is the subject of such proceeding.
(b) Attorney General. The attorney general shall pay the costs and expenses the attorney general's office incurs in the investigation or prosecution of any disciplinary proceeding under this chapter.
(c) Unified Judicial System. The Unified Judicial System shall pay the costs and expenses incurred by the referee, the court reporter, and witnesses when a disciplinary action is referred to a referee under §16-19-67.
Source:
SL 1990, ch 439 (Supreme Court Rule 89-21); SL 2016, ch 246 (Supreme Court Rule 16-48), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-70.2 - Allowable costs and expenses.

16-19-70.2. Allowable costs and expenses.
Expenses incurred by the board, the attorney general, or the Unified Judicial System that were not covered by advance deposit and that have not been previously paid by the attorney who is the subject of a disciplinary or reinstatement proceeding, may be assessed by the Supreme Court against said attorney in favor of the State of South Dakota and/or the State Bar of South Dakota according to their respective interests. The assessments may cover the costs of a referee's mileage, meals, and rooms; a court reporter's mileage, meals, rooms, and transcript preparation; disciplinary counsel's mileage, meals, rooms, telephone charges, copying fees, and hourly charges for investigation and preparation for hearings, trials, and appeals, and appearances at hearings, trials, and appeals; witnesses' fees and mileage; and the board members' mileage, meals, and rooms, provided that proof of such costs shall be made as hereafter provided in §16-19-70.3.
Source:
SL 1990, ch 440 (Supreme Court Rule 89-22); SL 2016, ch 246 (Supreme Court Rule 16-49), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-70.3 - Proof of costs and expenses required.

16-19-70.3. Proof of costs and expenses required.
An assessment for costs and expenses against an attorney requires the following proof:
(a)State Bar of South Dakota. A sworn statement of unreimbursed allowable costs filed with the clerk of the Supreme Court by the State Bar prior to issuance of a final judgment.
(b)Attorney General and Unified Judicial System. Copies of approved expense vouchers for reimbursement of allowable costs and expenses associated with the disciplinary proceeding filed with the clerk of the Supreme Court by the attorney general or the finance office of the Unified Judicial System prior to issuance of a final judgment.
Source:
SL 1990, ch 441 (Supreme Court Rule 89-23); SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-70.4 - Judgment for costs against attorney.

16-19-70.4. Judgment for costs against attorney.
When judgment is rendered against the attorney or whenever judgment for reinstatement of an attorney is entered, said attorney may, at the discretion of the Supreme Court, be directed to make appropriate reimbursement of costs and expenses as provided in §§16-19-70.1 and 16-19-70.2.
Source:
SL 1990, ch 442 (Supreme Court Rule 89-24); SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-71 - Advice to Supreme Court of discipline in another jurisdiction--Copy of order filed--Conclusive evidence of misconduct.

16-19-71. Advice to Supreme Court of discipline in another jurisdiction--Copy of order filed--Conclusive evidence of misconduct.
All attorneys subjected to professional discipline in another jurisdiction, shall promptly inform the clerk of the Supreme Court and the board of such action. Upon being so informed, the clerk of the Supreme Court shall obtain a certified copy of such disciplinary order and file the same with the Supreme Court. Except as provided by §16-19-74, a final adjudication in another jurisdiction that an attorney has been guilty of misconduct shall establish conclusively the misconduct for purposes of a disciplinary proceeding in this state.
Source:
Supreme Court Rule 19, 1939; SDC 1939 & Supp 1960, §32.1211; SDCL §16-19-4; Supreme Court Rule 78-1, Rule XII (a), (e); SL 2006, ch 337 (Supreme Court Rule 06-63), eff. July 1, 2006; SL 2016, ch 246 (Supreme Court Rule 16-50), eff. July 1, 2016.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-72 - Notice to attorney of disciplinary order from other jurisdiction.

16-19-72. Notice to attorney of disciplinary order from other jurisdiction.
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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-97 - Examination of petitioner for reinstatement--Expense of examination--Additional proof of competence to practice law.

16-19-97. Examination of petitioner for reinstatement--Expense of examination--Additional proof of competence to practice law.
Upon application for reinstatement by an attorney on medical inactive status, the Supreme Court may take or direct such action as it deems necessary to determine whether the attorney's medical condition no longer affects the attorney's ability to competently practice law, including an examination of the attorney by such qualified medical experts as the Court shall designate. In its discretion, the Court may direct that the expense of such an examination be paid by the attorney. The Supreme Court may require that the attorney establish further proof of competence and learning in law, which proof may include providing certification by the board of bar examiners that the attorney successfully completed all or any portion of the South Dakota bar examination after transfer to medical inactive status.
Source:
Sup. Ct. Disc. Rules Aug. 28, 1974, §6 (d); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XV (d); SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-98 - Order of reinstatement to active status from medical inactive status.

16-19-98. Order of reinstatement to active status from medical inactive status.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-99 - Attorney discipline--Proceedings confidential--Violation as contempt--Exceptions.

16-19-99. Attorney discipline--Proceedings confidential--Violation as contempt--Exceptions.
All proceedings involving allegations of misconduct by an attorney or the attorney's competency to practice law because of a medical condition as defined by §16-19-48 shall be kept confidential until:
(a)A formal complaint asking for disciplinary action is filed with the Supreme Court by the board or the attorney general, or
(b)Upon the request of the attorney to have the matter be public, or
(c)If the investigation into the attorney's alleged misconduct is predicated upon a conviction for a crime reportable under §16-19-37.
If the disciplinary proceeding involves alleged misconduct due to an attorney's medical condition as defined by subdivision 16-19-29(1) and the Supreme Court enters an order transferring the attorney to medical inactive status pursuant to §16-19-88 or 16-19-92, only the order shall be public. The record shall remain confidential absent a written waiver by the attorney or an order of the Supreme Court. All participants in the proceeding shall conduct themselves so as to maintain the confidentiality of the proceeding. Any violation by any person of the requirement of confidentiality shall constitute contempt and shall be punishable as such by the Supreme Court. An attorney on medical inactive status shall be permitted to relate necessary information from the proceedings to the attorney's treating healthcare or medical practitioners for the purpose of restoring the attorney to active status. This section shall not be construed to deny access to relevant information to authorized agencies investigating the qualifications of judicial candidates, the board of bar examiners, or to other jurisdictions investigating qualifications for admission to practice; or to an agency acting pursuant to order of the Chief Judge of the United States District Court for South Dakota concerning reciprocal discipline; or to law enforcement agencies investigating qualifications for government employment. In addition, the clerk of the Supreme Court shall transmit notice of all public discipline imposed by the Supreme Court on an attorney or the transfer to medical inactive status of an attorney to the national discipline data bank maintained by the American Bar Association.
Source:
Supreme Court Rule 78-1, Rule XVI; Supreme Court Rule 95-12; SL 2009, ch 283 (Supreme Court Rule 09-04), eff. July 1, 2009; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-100 - Retention of files and records of disbarred, suspended, or reinstated attorney.

16-19-100. Retention of files and records of disbarred, suspended, or reinstated attorney.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 20 - Expanded Media Coverage Of Trial Court Proceedings › Section 16-20-1 - Definitions.

16-20-1. Definitions.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 20 - Expanded Media Coverage Of Trial Court Proceedings › Section 16-20-2 - General.

16-20-2. General.
(a) Expanded media coverage or audio media coverage must be conducted in conformity with applicable statutes, rules, and caselaw.
(b) Nothing herein shall alter the obligation of any attorney to comply with the provisions of the Rules of Professional Conduct governing trial publicity.
(c) Except as otherwise provided by these rules, electronic recording by moving camera, still camera, and audio device, and broadcasting is prohibited as to all judicial proceedings in a courtroom during sessions of a trial court. This prohibition does not apply to the use of cameras in a courtroom for courtroom security purposes, the videotaped or audio recording of proceedings to create the official record of a case, or to interactive video hearings.
(d) If the court and all parties consent in writing or on the record at least one week prior to the commencement of a judicial proceeding, the court may authorize expanded media coverage of the proceeding under the conditions and standards set forth in these rules.
(e) If the court consents in writing or on the record at least one week prior to the commencement of a judicial proceeding, it may authorize audio media coverage of the proceeding, or a portion thereof, under the conditions and standards set forth in these rules that are applicable to audio coverage.
Source:
SL 2011, ch 233 (Supreme Court Rule 10-09), eff. July 1, 2011.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 20 - Expanded Media Coverage Of Trial Court Proceedings › Section 16-20-4 - Media coordinator.

16-20-4. Media coordinator.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 20 - Expanded Media Coverage Of Trial Court Proceedings › Section 16-20-5 - Standards.

16-20-5. Standards.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 20 - Expanded Media Coverage Of Trial Court Proceedings › Section 16-20-6 - Hearing.

16-20-6. Hearing.
Before limiting, suspending, or terminating expanded media coverage as previously consented to by all the parties or audio media coverage as previously consented to by the judge, the judge presiding in the case may hold an on-the-record hearing, if such hearing will not delay or disrupt the judicial proceeding. In the event that a hearing is not possible, affidavits may be used. Following a hearing or ruling based on affidavits, a written order must be issued.
Source:
SL 2011, ch 233 (Supreme Court Rule 10-09), eff. July 1, 2011.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 20 - Expanded Media Coverage Of Trial Court Proceedings › Section 16-20-7 - Appellate review.

16-20-7. Appellate review.
Appellate review of a judge's order to deny, terminate, suspend, limit, or exclude expanded media coverage or audio media coverage must be in accordance with the South Dakota Rules of Appellate Procedure.
There will be no stay of a judicial proceeding pending an appeal or other request for relief from a judge's order denying, limiting, suspending, or terminating media coverage. If a judicial proceeding has ended before completion of an appeal or other request for relief, the Supreme Court may nonetheless issue a ruling for future guidance on similar issues.
Source:
SL 2011, ch 233 (Supreme Court Rule 10-09), eff. July 1, 2011.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 21 - Electronic Document Management System--Official Court Record › Section 16-21-1 - Definitions.

16-21-1. Definitions.
(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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 21 - Electronic Document Management System--Official Court Record › Section 16-21-2 - Electronic document management system policy.

16-21-2. Electronic Document Management System Policy.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 21 - Electronic Document Management System--Official Court Record › Section 16-21-3 - EDMS conversion.

16-21-3. EDMS conversion.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 21 - Electronic Document Management System--Official Court Record › Section 16-21-4 - Official record.

16-21-4. Official record.
(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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 21 - Electronic Document Management System--Official Court Record › Section 16-21-5 - Signatures of judges and court officials.

16-21-5. Signatures of judges and court officials.
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.