reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-34.2 - Utilization of legal assistants.

16-18-34.2. Utilization of legal assistants.
Utilization of legal assistants by licensed attorneys is subject to the following rules:
(1)An attorney may permit a legal assistant to assist in all aspects of the attorney's representation of a client, provided that:
(a)The status of the legal assistant is disclosed at the outset of any professional relationship with a client, other attorneys, courts or administrative agencies, or members of the general public;
(b)The attorney establishes the attorney-client relationship, is available to the client, and maintains control of all client matters;
(c)The attorney reviews the legal assistant's work product and supervises performance of the duties assigned;
(d)The attorney remains responsible for the services performed by the legal assistant to the same extent as though such services had been furnished entirely by the attorney and such actions were those of the attorney;
(e)The services performed by the legal assistant supplement, merge with and become part of the attorney's work product;
(f)The services performed by the legal assistant do not require the exercise of unsupervised legal judgment; this provision does not prohibit a legal assistant appearing and representing a client at an administrative hearing provided that the agency or board having jurisdiction does not have a rule forbidding persons other than licensed attorneys to do so and providing that the other rules pertaining to the utilization of legal assistants are met; and
(g)The attorney instructs the legal assistant concerning standards of client confidentiality.
A legal assistant may not establish the attorney-client relationship, set legal fees, give legal advice or represent a client in court; nor encourage, engage in, or contribute to any act which would constitute the unauthorized practice of law.
(2)A legal assistant may author and sign correspondence on the attorney's letterhead, provided the legal assistant's status is indicated and the correspondence does not contain legal opinions or give legal advice.
(3)An attorney may identify a legal assistant by name and title on the attorney's letterhead and on business cards identifying the attorney's firm.
Source:
Supreme Court Rule 97-25.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-34.4 - Certain individuals disqualified.

16-18-34.4. Certain individuals disqualified.
The following persons shall not serve as a legal assistant in the State of South Dakota except upon application to and approval of the Supreme Court:
(1)Any person convicted of a felony;
(2)Any person disbarred or suspended from the practice of law in any jurisdiction;
(3)Any person placed on medical inactive status under §16-19-48 or 16-19-92;
(4)Any person placed on temporary suspension from the practice of law under §16-19-35.1.
Source:
Supreme Court Rule 97-25; SL 2018, ch 302 (Supreme Court Rule 18-11), eff. July 1, 2018.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-34.5 - Application by disqualified persons--Requirements--Hearing--Burden of proof.

16-18-34.5. Application by disqualified persons--Requirements--Hearing--Burden of proof.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-34.6 - Revocation of order for disqualified persons--Hearing--Burden of proof.

16-18-34.6. Revocation of order for disqualified persons--Hearing--Burden of proof.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 18 - Powers And Duties Of Attorneys › Section 16-18-34.7 - Recommendations in attorney disciplinary proceedings.

16-18-34.7. Recommendations in attorney disciplinary proceedings.
Any recommendation for disbarment or suspension made by the Disciplinary Board or the referee under § 16-19-67 shall contain a recommendation as to the restrictions or conditions of employment and supervision of the accused attorney as a legal assistant.
Source:
Supreme Court Rule 97-25; SL 2021, ch 258 (Supreme Court Rule 21-06), eff. Feb. 23, 2021.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-20 - Inherent power of Supreme Court.

16-19-20. Inherent power of Supreme Court.
The Supreme Court declares that it has inherent power to supervise the conduct of attorneys who are its officers.
Source:
Supreme Court Rule 78-1, Preamble.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-21 - Attorneys subject to discipline by Supreme Court and board.

16-19-21. Attorneys subject to discipline by Supreme Court and board.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-22 - Supreme Court exclusive power to disbar or suspend attorney.

16-19-22. Supreme Court exclusive power to disbar or suspend attorney.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-24 - Disciplinary board of State Bar--Appointment and terms of members--Vacancies.

16-19-24. Disciplinary board of State Bar--Appointment and terms of members--Vacancies.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-25 - Chair and vice-chair of the board.

16-19-25. Chair and vice-chair of the board.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-26 - Meetings of the board--Quorum--Vote required for action.

16-19-26. Meetings of the board--Quorum--Vote required for action.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-27 - Compensation of members of the board.

16-19-27. Compensation of members of the board.
Attorney members of the board shall receive no compensation for their services but may be reimbursed for their travel and other expenses incidental to the performance of their duties. The lay member shall receive compensation at the rate of one hundred dollars per day in addition to travel and other expenses incidental to the performance of his or her duties.
Source:
Supreme Court Rule 78-1, Rule IV (e); SL 2016, ch 246 (Supreme Court Rule 16-13), eff. July 1, 2016.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-28 - Disqualification of board members in particular proceedings--Ad hoc appointments to restore full membership.

16-19-28. Disqualification of board members in particular proceedings--Ad hoc appointments to restore full membership.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-29 - Powers and duties of disciplinary board generally.

16-19-29. Powers and duties of disciplinary board generally.
The board shall exercise the powers and perform the duties conferred and imposed upon it by rule of the Supreme Court, including the power and duty:
(1)To consider and investigate any alleged ground for discipline or alleged medical condition of any attorney called to its attention, or upon its own motion, and to take such action appropriate to effectuate the purposes of this chapter. As used in this chapter, "medical condition" is any condition that deprives an attorney of the ability to act in compliance with the Rules of Professional Conduct and any other standards required of practicing attorneys.
(2)To appoint a board secretary, board counsel, deputy board counsel, and such personnel as may from time to time be required to assist in the performance of the functions and duties of the board.
(3)To hold informal conferences.
(4)To privately reprimand attorneys for misconduct.
(5)To maintain permanent records of all matters processed and the disposition thereof.
(6)To prosecute all disciplinary proceedings before the Supreme Court.
(7)To prosecute all proceedings before the Supreme Court to determine the medical condition of attorneys as set forth in §§16-19-88 to 16-19-91, inclusive.
(8)To hear applications for approval and complaints for revocation of approval of disqualified persons to act as legal assistants under subdivisions 16-18-34.4(2) to (4), inclusive.
(9)To adopt internal rules of procedure not inconsistent with this chapter and to file the same with the clerk of the Supreme Court.
Jurisdiction for complaints against members of the judiciary for conduct that occurred prior to becoming a member of the judiciary shall be vested with the Judicial Qualifications Commission.
Source:
Supreme Court Rule 78-1, Rule IV (g); Supreme Court Rule 97-26; SL 2009, ch 282 (Supreme Court Rule 09-03), eff. July 1, 2009; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-30 - Complaints and testimony privileged--Board and staff immune from suit.

16-19-30. Complaints and testimony privileged--Board and staff immune from suit.
Complaints submitted to the board or testimony with respect thereto shall be absolutely privileged and no civil action predicated thereon may be instituted. Members of the board, the board's counsel, board staff and any personnel or legal counsel appointed by the board shall be immune from suit for any conduct in the course of their official duties.
Source:
Sup. Ct. Disc. Rules Aug. 28, 1974, §1; SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule VI; SL 1994, ch 408; SL 2016, ch 246 (Supreme Court Rule 16-15), eff. July 1, 2016.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-31 - License to practice law as trust--Duty to conform to standards.

16-19-31. License to practice law as trust--Duty to conform to standards.
A license to practice law in this state is a privilege and a continuing proclamation by the Supreme Court that a licensed attorney is an officer of the Court, is fit to be entrusted with legal and judicial matters, and is able to aid in the administration of justice. It is the duty of an attorney to act, both professionally and personally, in conformity with the standards of conduct governing members of the bar.
Source:
Supreme Court Rule 78-1, Rule II (a); SL 2016, ch 246 (Supreme Court Rule 16-16), 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 16-19-32 - Violations by attorneys as grounds for discipline.

16-19-32. Violations by attorneys as grounds for discipline.
An act or omission by an attorney, individually or in concert with others, which violates the attorney's oath of office, the laws governing attorney conduct, or the Rules of Professional Conduct, or other disciplinary rules adopted by the Supreme Court, is misconduct and is grounds for discipline, whether or not the act or omission occurred in the course of an attorney-client relationship.
Source:
Supreme Court Rule 78-1, Rule II (b); SL 1989, ch 30, §51; SL 2016, ch 246 (Supreme Court Rule 16-17), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-33 - Specific grounds for discipline of attorneys.

16-19-33. Specific grounds for discipline of attorneys.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-34 - Deceit and collusion as grounds for disbarment--Treble damages.

16-19-34. Deceit and collusion as grounds for disbarment--Treble damages.
An attorney who is guilty of deceit or collusion, or consents thereto, with intent to deceive a court or judge, or party to an action or proceeding, is subject to discipline, and shall forfeit to the injured party treble damages to be recovered in a civil action.
Source:
PolC 1877, ch 18, §5; CL 1887, §466; RPolC 1903, §698; RC 1919, §5272; Supreme Court Rule 18, 1939; SDC 1939 & Supp 1960, §32.1210; SDCL §16-19-3; SL 2016, ch 246 (Supreme Court Rule 16-19), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-35 - Kinds of discipline authorized.

16-19-35. Kinds of discipline authorized.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-35.1 - Petition by board for temporary suspension.

16-19-35.1. Petition by board for temporary suspension.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-36 - Attorney's conviction of crime to be reported to disciplinary board.

16-19-36. Attorney's conviction of crime to be reported to disciplinary board.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-37 - Suspension from practice on conviction of serious crime--Setting aside order.

16-19-37. Suspension from practice on conviction of serious crime--Setting aside order.
If any attorney has been convicted of a serious crime, the Supreme Court may enter an order immediately suspending the attorney from engaging in the practice of law, pending final disposition of a disciplinary proceeding to be commenced upon such conviction. The term "serious crime" includes any felony and any lesser crime a necessary element of which, as determined by the statutory or common law definition of such crime, involves improper conduct as an attorney, interference with the administration of justice, false swearing, misrepresentation, fraud, willful failure to file income tax returns, deceit, bribery, extortion, misappropriation, theft, or an attempt or a conspiracy or solicitation of another to commit a serious crime. Upon good cause shown, the Supreme Court may set aside such order suspending the attorney from engaging in the practice of law when it appears in the interest of justice so to do. An order suspending an attorney from the practice of law pursuant to this section is a suspension of the attorney for the purpose of §§16-19-74 to 16-19-82, inclusive, unless the Supreme Court shall otherwise order.
Source:
Sup. Ct. Disc. Rules Aug. 28, 1974, §5 (a); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule X (a), (g); SL 2016, ch 246 (Supreme Court Rule 16-23), eff. July 1, 2016; SL 2017, ch 229 (Supreme Court Rule 17-06), eff. Jan. 19, 2017; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-38 - Reinstatement of suspended attorney on reversal of conviction--Pending proceedings unaffected.

16-19-38. Reinstatement of suspended attorney on reversal of conviction--Pending proceedings unaffected.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-39 - Reference for formal disciplinary proceedings on conviction of serious crime.

16-19-39. Reference for formal disciplinary proceedings on conviction of serious crime.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-40 - Parties initiating investigations of attorney's conduct.

16-19-40. Parties initiating investigations of attorney's conduct.
An investigation of an attorney's conduct as possible grounds for discipline may be initiated by:
(1)The Supreme Court;
(2)The board;
(3)The Attorney General; or
(4)An individual.
Source:
SL 1901, ch 60, §9; RPolC 1903, §693; SL 1911, ch 85, §§1, 2; RC 1919, §5274; Supreme Court Rule 20, 1939; SDC 1939 & Supp 1960, §32.1212; SDCL §16-19-15; Supreme Court Rule 78-1, Rule XX (d); SL 2016, ch 246 (Supreme Court Rule 16-26), eff. July 1, 2016.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-41 - Reference for investigation and report in proceeding initiated by Supreme Court.

16-19-41. Reference for investigation and report in proceeding initiated by Supreme Court.
If the investigation of an attorney's conduct is initiated by the Supreme Court the matter shall be referred to the board for an investigation and report as provided in this chapter.
Source:
SL 1911, ch 85, §1; RC 1919, §5274; Supreme Court Rule 21, 1939; SDC 1939 & Supp 1960, §32.1213; SDCL §16-19-6; Supreme Court Rule 78-1, Rule XX (e); SL 2016, ch 246 (Supreme Court Rule 16-27), eff. July 1, 2016.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-42 - Complaint and reference for investigation and report in proceeding initiated by attorney general.

16-19-42. Complaint and reference for investigation and report in proceeding initiated by attorney general.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-43 - Investigation or reference for investigation and report in proceeding initiated by the board.

16-19-43. Investigation or reference for investigation and report in proceeding initiated by the board.
If the investigation of an attorney's conduct is initiated by the board, it may proceed to conduct an investigation pursuant to §§16-19-50 to 16-19-64, inclusive.
Source:
Supreme Court Rule 23, 1939; SDC 1939 & Supp 1960, §32.1215; SDCL §16-19-8; Supreme Court Rule 78-1, Rule XX(g); SL 2016, ch 246 (Supreme Court Rule 16-29), eff. July 1, 2016.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-45 - Investigation by board on reference--Report and recommendation filed with Supreme Court.

16-19-45. Investigation by board on reference--Report and recommendation filed with Supreme Court.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-46 - Proceedings not to be abated for failure to prosecute or settlement.

16-19-46. Proceedings not to be abated for failure to prosecute or settlement.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-47 - Processing not to be deferred because of similarity to other pending litigation.

16-19-47. Processing not to be deferred because of similarity to other pending litigation.
Processing of complaints shall not be deferred or abated because of substantial similarity to the material allegations of pending criminal or civil litigation, unless authorized by the board in its discretion.
Source:
Supreme Court Rule 78-1, Rule VIII.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-48 - Transfer to medical inactive status for a medical condition.

16-19-48. Transfer to medical inactive status for a medical condition.
If, during the course of a disciplinary investigation or proceeding, the attorney claims to be unable to assist in the attorney's defense to a disciplinary complaint because of a medical condition, the Supreme Court shall enter an order immediately transferring the attorney to medical inactive status until a determination is made of the attorney's ability to comply with the Rules of Professional Conduct and §16-19-31. The determination shall be made in a proceeding instituted in accordance with the provisions of §16-19-89. An attorney transferred to medical inactive status shall not practice law. An attorney transferred to medical inactive status shall not 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 (c); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XV (c); Supreme Court Rule 97-29; 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 16-19-49 - Resumption of disciplinary proceedings when attorney no longer on medical inactive status.

16-19-49. Resumption of disciplinary proceedings when attorney no longer on medical inactive status.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-50 - Accused attorney to be given opportunity to state position.

16-19-50. Accused attorney to be given opportunity to state position.
Except in matters dismissed in accordance with paragraph 16-19-44(A)(1), no disposition shall be undertaken by the board or recommendation made by the attorney general until the attorney shall have been afforded a reasonable opportunity to state the attorney's position with respect to the allegations.
Source:
Supreme Court Rule 78-1, Rule V (b); SL 2016, ch 246 (Supreme Court Rule 16-33), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-51 - Procedure required in investigations by board or attorney general.

16-19-51. Procedure required in investigations by board or attorney general.
Investigations by the board or by the attorney general shall be conducted as provided by §§16-19-52 to 16-19-62, inclusive.
Source:
Supreme Court Rule 78-1, Rule V (a); SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-52 - Notice to attorney of complaint and allegations.

16-19-52. Notice to attorney of complaint and allegations.
In an investigation by the board or by the Attorney General, notification shall be given to the attorney that a complaint has been made and the nature of the allegations of misconduct.
Source:
Supreme Court Rule 78-1, Rule V (a) (1); SL 2016, ch 246 (Supreme Court Rule 16-34), eff. July 1, 2016.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-53 - Methods of investigation to be used--Informal conference.

16-19-53. Methods of investigation to be used--Informal conference.
An investigation by the board or by the attorney general may entail inquiries by mail, consultation with the attorney, taking sworn statements or depositions, and investigation by the board's counsel or the attorney general's staff.
Source:
Supreme Court Rule 78-1, Rule V (a) (2); SL 2016, ch 246 (Supreme Court Rule 16-35), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-54 - Attorney's duty to respond to board.

16-19-54. Attorney's duty to respond to board.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-55 - Subpoena power of board and attorney general--Disobedience as contempt.

16-19-55. Subpoena power of board and attorney general--Disobedience as contempt.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-58 - Certified judgment of conviction as evidence against attorney.

16-19-58. Certified judgment of conviction as evidence against attorney.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-59 - Dismissal of complaint on finding not meritorious.

16-19-59. Dismissal of complaint on finding not meritorious.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-60 - Conditions imposed on attorney on finding of meritorious complaint--Dismissal on compliance.

16-19-60. Conditions imposed on attorney on finding of meritorious complaint--Dismissal on compliance.
If it is determined after an investigation by the board that the complaint is meritorious, but that formal disciplinary proceedings are not warranted, the board and the attorney may agree in writing to hold the proceedings in abeyance for an appropriate period, provided the attorney complies with specified reasonable conditions throughout the period. If it is determined that a medical condition as defined in subdivision 16-19-29(1) is relevant to such complaint, the specified reasonable conditions shall include board access to the attorney's healthcare and medical records relevant to the medical condition. Upon satisfactory compliance, the board may thereafter dismiss the proceedings and notify the complainant and such other persons as the board deems appropriate. If, after an investigation, the attorney general finds such action warranted, the attorney general shall report the attorney general's findings to the Supreme Court and recommend that such action be taken by the board.
Source:
Supreme Court Rule 78-1, Rule V (a) (4); SL 2016, ch 246 (Supreme Court Rule 16-41), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-61 - Notice to attorney of report and proposal for private reprimand.

16-19-61. Notice to attorney of report and proposal for private reprimand.
If it is determined after an investigation and hearing that the complaint is meritorious and a private reprimand is warranted, a written report of the findings and proposed action shall be prepared and sent by certified mail to the attorney by the board.
Source:
Supreme Court Rule 78-1, Rule V (a) (5); SL 1987, ch 29, §24; SL 1995, ch 301 (Supreme Court Rule 94-8); SL 2016, ch 246 (Supreme Court Rule 16-42), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-62 - Response by attorney to proposal for private reprimand--Report and findings by board.

16-19-62. Response by attorney to proposal for private reprimand--Report and findings by board.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-64 - Provisions governing formal disciplinary proceedings.

16-19-64. Provisions governing formal disciplinary proceedings.
Formal disciplinary proceedings shall be conducted pursuant to §§16-19-67 to 16-19-70.4, inclusive.
Source:
Supreme Court Rule 78-1, Rule V (a) (8).
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-66 - Disbarment by consent--Public disclosure of order.

16-19-66. Disbarment by consent--Public disclosure of order.
Upon receipt of an affidavit required by §16-19-65, the board shall file it with the Supreme Court, and the Court shall enter an order disbarring the attorney on consent. The order disbarring the attorney on consent shall be a matter of public record. However, the affidavit required under the provisions of §16-19-65 shall not be publicly disclosed or made available for use in any other proceeding except upon order of the Supreme Court. The clerk of the Supreme Court shall redact the portions of the affidavit which may identify the complainant or other persons whose privacy interests have not been waived or otherwise made public before public disclosure.
Source:
Supreme Court Rule 78-1, Rule XI (b), (c); Supreme Court Rule 97-31; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-67 - Findings of fact, conclusions of law, and recommendation of investigating agency shall constitute a formal accusation.

16-19-67. Findings of fact, conclusions of law, and recommendation of investigating agency shall constitute a formal accusation.
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.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 19 - Discipline Of Attorneys › Section 16-19-68.1 - Attorney to appear before Supreme Court.

16-19-68.1. Attorney to appear before Supreme Court.
At any hearing before the Supreme Court, the attorney shall appear in person unless the attorney's presence is excused by the Court.
Source:
SL 2006, ch 336 (Supreme Court Rule 06-62), eff. July 1, 2006; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.