reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-7.1 - Practice of nonresident attorneys employed by legal aid bureaus or public defender agencies--Application.

16-16-7.1. Practice of nonresident attorneys employed by legal aid bureaus or public defender agencies--Application.
A nonresident attorney, licensed to practice law in another jurisdiction within the United States, while actually employed and associated with a bar association sponsored or governmentally funded legal aid bureau or public defender agency within South Dakota, may be admitted to practice before the courts of this state. Admission shall be upon sworn, written application to the South Dakota Supreme Court containing:
(1)The post office address of the applicant;
(2)The name and post office address of the legal aid bureau or public defender agency by whom the applicant will be employed;
(3)The name and address of the supervising attorney of the bureau or agency, who shall be a duly licensed attorney of this state;
(4)The jurisdictions in which the applicant is licensed to practice law;
(5)A statement that the applicant is a member in good standing of the bar of the jurisdiction in which he is licensed;
(6)A statement that the applicant has not been the subject of disciplinary action by the bar or courts of any jurisdiction during the preceding five years;
(7)A statement that the applicant has not been denied admission to the courts of any jurisdiction during the preceding five years;
(8)A statement that the applicant is familiar with the rules of the State Bar of South Dakota, and will at all times abide and comply with the same;
(9)A statement that the applicant has simultaneously filed with the Board of Bar Examiners an application for admission to the practice of law in this state.
Source:
Supreme Court Rule 76-6; Supreme Court Rule 84-2.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-7.2 - Certificates and affidavits filed with application.

16-16-7.2. Certificates and affidavits filed with application.
There shall be filed therewith:
(1)A certificate of admission to the bar in such other jurisdictions where the applicant is licensed;
(2)A certificate from the proper courts therein that the applicant is a member in good standing; and
(3)An affidavit of the supervising attorney that he is licensed to practice in South Dakota; that the applicant, upon admission, will be employed by and associated with the legal aid bureau or public defender agency; and, that the supervising attorney has found the applicant to be a reputable attorney and recommends his or her admission to practice.
Source:
Supreme Court Rule 76-6.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-7.3 - Order of admission--Duration.

16-16-7.3. Order of admission--Duration.
If the Supreme Court shall find that the applicant is of good moral character and otherwise qualified to practice law, the Court may make an order of admission to be effective upon the filing of the oath of attorney in the office of the clerk.
The admission to practice under this section shall remain in effect until the occurrence of the earliest of the following events:
(1)The failure to sit for the first bar examination administered by the Board of Bar Examiners subsequent to the order of admission; or
(2)The announcement by the Board of Bar Examiners of this state of the results of the first bar examination following the applicant's admission under this section, provided, however, that as to any applicant who passes such examination his or her admission under this section shall continue in effect for sixty days, during which time applicant may proceed to be admitted to practice pursuant to §16-16-17; or
(3)The termination of the applicant's employment with the legal aid bureau or public defender agency under which the applicant was admitted under this section; or
(4)The termination by the Supreme Court of the applicant's admission under this section.
It shall be the duty of the supervising attorney of the legal aid bureau or public defender agency by whom such attorney is employed under §16-16-7.2 to inform the Supreme Court immediately of the termination of employment of such attorney admitted to practice pursuant to this section.
For the purpose of subdivisions (1) and (2) above, the bar examination referred to means the combined Multistate Essay Examination which includes an Indian Law question, and Multistate Performance Test, and the Multistate Bar Examination administered by the Board of Bar Examiners as well as the Multistate Professional Responsibility Examination.
Source:
Supreme Court Rule 76-6; Supreme Court Rule 80-5; Supreme Court Rule 84-3; SL 1998, ch 312; SL 2014, ch 264 (Supreme Court Rule 14-05), eff. July 1, 2014.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-7.4 - Submission to disciplinary board jurisdiction--Revocation of admission or referral to board for misconduct--Venue.

16-16-7.4. Submission to disciplinary board jurisdiction--Revocation of admission or referral to board for misconduct--Venue.
Under §16-16-7.1 the filing of an application requesting admission by a nonresident attorney shall constitute his or her submission to the jurisdiction of the Disciplinary Board of the State Bar.
If after admission to practice in this state, the applicant engages in professional misconduct as that term is defined by the rules governing the State Bar of South Dakota, the Supreme Court may revoke his or her admission to practice. In addition, the matter may be referred to the Disciplinary Board of the State Bar or other proper authority as is deemed necessary and desirable. The county in which the legal aid bureau or public defender agency is located shall be considered the county of the applicant's residence for the purpose of determining venue in any disciplinary action taken against him or her.
Source:
Supreme Court Rule 76-6; Supreme Court Rule 78-1, Rule XX (a).
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-7.5 - Extent of practice--Compensation.

16-16-7.5. Extent of practice--Compensation.
The admission of the nonresident attorney under §16-16-7.3 will allow the attorney to practice in the courts or administrative agencies of this state solely in the capacity as a member of the legal aid bureau or public defender agency by whom he or she is employed. The nonresident attorney shall not receive compensation from the person on whose behalf he or she renders services, but this shall not prevent the legal aid bureau or public defender agency from paying compensation to the attorney nor shall it prevent any agency from making such charges for its services as it may otherwise properly require.
Source:
Supreme Court Rule 76-6.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-7.6 - Admission of full-time faculty member of the University of South Dakota law school.

16-16-7.6. Admission of full-time faculty member of the University of South Dakota law school.
An attorney licensed to practice law in another jurisdiction within the United States, while actually employed by the Unified Judicial System as its state court administrator or, while actually employed by the University of South Dakota law school as a full-time administrator or as a full-time faculty member may be admitted to practice in this state upon submission of a sworn, written application to the Supreme Court of South Dakota containing the following:
(1)The name and post office address of the applicant;
(2)The jurisdictions in which the applicant is licensed to practice law;
(3)A statement that the applicant is a member in good standing of the bar of the jurisdictions in which he or she is licensed;
(4)A statement that the applicant has not been the subject of disciplinary action by the bar or courts of any jurisdiction during the preceding five years;
(5)A statement that the applicant has not been denied admission to the courts of any jurisdiction during the preceding five years; and
(6)A statement that the applicant is familiar with the rules of the State Bar of South Dakota and will at all times abide by and comply with the same.
Such application will be accompanied by the following:
(1)A certificate of admission to the bar in the jurisdictions in which the applicant is licensed to practice law; and
(2)A certificate from the proper courts therein that the applicant is a member in good standing.
A full-time administrator or faculty member other than the full-time dean shall also submit:
(1)An affidavit of the Dean of the law school that the applicant is a full-time administrator or faculty member of the University of South Dakota law school in good standing and that the Dean recommends the applicant for admission to practice.
A full-time administrator includes the dean, librarian, associate or assistant deans, or other administrators holding academic appointment.
A full-time faculty member is one who during the academic year devotes substantially all working time to teaching and legal scholarship, participates in law school governance and service, and has no outside office or business activities, and whose outside professional activities, if any, are limited to those that relate to major academic interests or enrich the faculty member's capacity as scholar and teacher, are of service to the legal profession and the public generally, and do not interfere with one's responsibility as a faculty member. A full-time faculty member may hold a joint appointment with the University of South Dakota law school and another college or school within the University of South Dakota.
Source:
Supreme Court Rule 85-11; Supreme Court Rule 97-46.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-7.7 - Order of admission and duration.

16-16-7.7. Order of admission and duration.
If the Supreme Court shall find that the applicant is of good moral character and otherwise qualified to practice law, the Court may make an order of admission to be effective upon the filing of the oath of attorney in the office of the clerk. Such admission under this section shall remain in effect until the occurrence of the earliest of the following events:
(1)The announcement by the board of bar examiners of this state that such applicant has passed such examination and the applicant's subsequent admission to practice under §16-16-17, et seq.; or
(2)The termination of applicant's employment with the University of South Dakota law school or a change in the status of applicant's employment from full-time administrator or full-time faculty member to some other status; provided however, that the membership of such member admitted pursuant to §16-16-7.6 will not terminate when the member's employment at the University of South Dakota School of Law terminates if the member has served as a full-time administrator or full-time member of that faculty and been admitted to the bar in South Dakota for a minimum of five of the seven years immediately preceding termination of the employment; or
(3)The termination of applicant's employment with the Unified Judicial System or a change in status of applicant's employment from state court administrator to some other status; or
(4)The termination by the Supreme Court of the applicant's admission under this section.
It shall be the duty of the individual to inform the Supreme Court immediately of the termination or change in status of applicant's employment.
Source:
Supreme Court Rule 85-12; Supreme Court Rule 97-47; SL 2008, ch 282 (Supreme Court Rule 07-03), eff. Jan. 1, 2008.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-7.8 - Submission to disciplinary board jurisdiction--Revocation of admission or referral to board for misconduct--Venue.

16-16-7.8. Submission to disciplinary board jurisdiction--Revocation of admission or referral to board for misconduct--Venue.
Under §16-16-7.6, the filing of an application requesting admission by the state court administrator or by a law school full-time administrator or faculty member shall constitute his or her submission to the jurisdiction of the disciplinary board of the state bar.
If, after admission to practice in this state, the applicant engages in professional misconduct as that term is defined by the rules governing the state bar of South Dakota, the Supreme Court may revoke his or her admission to practice. In addition, the matter may be referred to the disciplinary board of the state bar or other proper authority as is deemed necessary and desirable. Clay County shall be considered the county of the full-time administrator or faculty member's residence for the purpose of determining venue in any disciplinary action taken against him or her. Hughes County shall be considered the county of the state court administrator's residence for the purpose of determining venue in any disciplinary action taken against him or her.
Source:
Supreme Court Rule 85-13; Supreme Court Rule 97-48.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-8 - Application for admission on examination.

16-16-8. Application for admission on examination.
Application for admission on examination shall be filed with the secretary of the Board of Bar Examiners at such time and in such form as the board shall prescribe. The failure of an applicant to furnish information or answer truthfully interrogatories of the board pertinent to his application may result in denial of the application.
Source:
Supreme Court Rule 6, Order No. 1, 1957; SDC Supp 1960, §32.1106; Supreme Court Rule, Order No. 1, 1963; Supreme Court Order No. 1, 1969; Supreme Court Rule 85-14.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-9 - Time and place of examination.

16-16-9. Time and place of examination.
The Board of Bar Examiners shall conduct examinations at such times and places as the board shall by rule determine.
Source:
Supreme Court Rule 10, 1939; SDC 1939, §32.1110; Supreme Court Rule 8, Order No. 1, 1957; SDC Supp 1960, §32.1108; Supreme Court Rule, Order No. 2, 1963; Supreme Court Order No. 1, 1969; Supreme Court Rule 75-7; Supreme Court Rule 81-8.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-10 - Subjects covered by examination--Public notice.

16-16-10. Subjects covered by examination--Public notice.
The subjects upon which applicants shall be examined shall be such as the Board of Bar Examiners deems necessary to prepare properly for the practice of law in this state, including the subjects of legal ethics and Indian Law. The board shall make public such subjects, giving full and ample public notice of any change or addition thereto and written notice to the dean of the law school, University of South Dakota.
Source:
SL 1901, ch 60, §2; RPolC 1903, §686; SL 1903, ch 78; SL 1907, ch 72; RC 1919, §5254; Supreme Court Rule 6, 1939; SDC 1939, §32.1106; Supreme Court Rule 8, Order No. 1, 1957; SDC Supp 1960, §32.1108; Supreme Court Rule, Order No. 2, 1963; Supreme Court Order No. 1, 1969; SL 2014, ch 265 (Supreme Court Rule 14-06), eff. July 1, 2014.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-11 - Re-examination after three failures prohibited.

16-16-11. Re-examination after three failures prohibited.
An applicant who fails three times to pass the bar examination in any jurisdiction or combination of jurisdictions will not be permitted to take another examination in South Dakota except by permission of the Supreme Court upon a showing that the reasons for previous failures no longer exist and there is a reasonable likelihood the applicant will pass the examination if allowed to take it.
Absent a showing of exceptional circumstances, an applicant who has failed four times to pass the bar examination in any jurisdiction or combination of jurisdictions will not be granted permission to sit for the bar examination under this rule unless the applicant has obtained a scaled score of at least 125 on a prior MBE examination.
Source:
Supreme Court Rule 8, Order No. 1, 1957; SDC Supp 1960, §32.1108; Supreme Court Rule Order No. 2, 1963; Supreme Court Order No. 1, 1969; SL 1998, ch 313; SL 2006, ch 335 (Supreme Court Rule 06-61), eff. July 1, 2006; SL 2014, ch 266 (Supreme Court Rule 14-07), eff. July 1, 2014; SL 2019, ch 229 (Supreme Court Rule 19-08), eff. Aug. 1, 2019.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-12.1 - Admission without examination--Eligibility by practice.

16-16-12.1. Admission without examination--Eligibility by practice.
An applicant may be eligible for admission without examination if the applicant:
(a)Meets the requirements of §16-16-2;
(b)Furnishes satisfactory evidence of graduation from a law school accredited by the American Bar Association, and;
(c)Provides documentary evidence showing that for three (3) of the last five (5) years immediately preceding the application for admission without examination, the applicant, as principal occupation, has been actively, continuously, and lawfully engaged in the practice of law, in a state or states that allow South Dakota attorneys substantially similar admission without examination, as:
(1)A sole practitioner;
(2)A member of a law firm, professional corporation or association;
(3)A judge in a court of record;
(4)An attorney for any local or state governmental entity;
(5)Inside counsel for a corporation, agency, association or trust department; and/or,
(6)An attorney with the federal government or a federal governmental agency including service as a member of the Judge Advocate General Department of one of the military branches of the United States.
Source:
SL 2004, ch 324 (Supreme Court Rule 03-23), eff. Jan. 1, 2004; SL 2015, ch 272 (Supreme Court Rule 15-10), eff. July 1, 2015; SL 2019, ch 230 (Supreme Court Rule 19-09), eff. Feb. 25, 2019.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-12.2 - Admission without examination--Application requirements.

16-16-12.2. Admission without examination--Application requirements.
The application for admission without examination shall be filed with the secretary of the board of bar examiners in such form as the board shall prescribe. The failure of an applicant to furnish information or answer truthfully interrogatories of the board pertinent to the application may result in denial of the application. The application shall be accompanied by:
(a)The applicable fees;
(b)The criminal background check required by §16-16-2.6;
(c)A certified copy of the application for admission to the bar in each jurisdiction in which the applicant has previously been admitted to practice law;
(d)A certification of admission to practice by the admitting authority in each jurisdiction that the applicant identified in (c) as having admitted the applicant to the bar;
(e)A certification from the proper authority in each jurisdiction where the applicant has been admitted stating that the applicant is in good standing;
(f)A certification by the attorney disciplinary authority in each jurisdiction where the applicant has been admitted to the bar of the applicant's disciplinary history and indicating whether the applicant is the subject of a pending complaint or charge of misconduct;
(g)A report of the National Conference of Bar Examiners as to the applicant's character; and
(h)A copy of the rule in the state or states in which the applicant has been practicing law which allows South Dakota attorneys substantially similar admission without examination.
To the extent that the state or states that allow South Dakota attorneys substantially similar admission without examination have additional requirements for South Dakota lawyers seeking admission without examination, the board of bar examiners may impose the same additional requirements for applicants seeking admission in South Dakota without examination.
Source:
SL 2004, ch 325 (Supreme Court Rule 03-24), eff. Jan. 1, 2004; SL 2015, ch 273 (Supreme Court Rule 15-11), eff. July 1, 2015.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-12.3 - Attorney licensing when spouse is a member of the armed forces.

16-16-12.3. Attorney licensing when spouse is a member of the armed forces.
Notwithstanding any other provision in law, any attorney licensed to practice law in another jurisdiction within the United States, shall be admitted to practice in this state if:
(1)His or her spouse is a member of the armed forces of the United States;
(2)His or her spouse is the subject of a military transfer to South Dakota for active duty military service;
(3)He or she left employment to accompany the applicant's spouse to South Dakota; and
(4)He or she meets the requirements in §16-16-12.4.
Source:
SL 2014, ch 252 (Supreme Court Rule 13-10), eff. Sept. 10, 2013.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-12.4 - Contents of application for licensing when spouse is a member of the armed forces.

16-16-12.4. Contents of application for licensing when spouse is a member of the armed forces.
Any attorney seeking admission to practice in South Dakota under §16-16-12.3 shall submit a sworn, written application to the Supreme Court of South Dakota containing the following:
(1)The name and post office address of the applicant;
(2)The jurisdictions in which the applicant is licensed to practice law;
(3)A statement that the applicant is a member in good standing of the bar of the jurisdictions in which he or she is licensed;
(4)A statement that the applicant has not been the subject of disciplinary action by the bar or courts of any jurisdiction during the preceding five years;
(5)A statement that the applicant has not been denied admission to the courts of any jurisdiction during the preceding five years; and
(6)A statement that the applicant is familiar with the rules of the State Bar of South Dakota and will at all times abide by and comply with the same.
Such application will be accompanied by the following:
(a)A certificate of admission to the bar in the jurisdictions in which the applicant is licensed to practice law; and
(b)A certificate from the proper courts therein that the applicant is a member in good standing.
Source:
SL 2014, ch 252 (Supreme Court Rule 13-10), eff. Sept. 10, 2013.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-13 - Fees payable with application for admission--Disposition of fees.

16-16-13. Fees payable with application for admission--Disposition of fees.
An applicant for an admission on examination shall pay a fee of four hundred fifty dollars. An applicant for admission without examination shall pay a fee of six hundred fifty dollars. An applicant shall also pay the National Conference of Bar Examiners the applicable fee for preparation of an initial or supplemental character report. If an applicant fails to appear for the examination, the fee paid shall be applied to one of the next two scheduled combined Multistate Essay Examinations, which include an Indian Law question and Multistate Performance Test, and/or Multistate Bar Examinations. The applicant shall inform the Secretary in writing which of the next two scheduled examinations to which the fee should be applied. The fees thus paid to the Secretary shall be retained in a special fund and shall be paid out by the state court administrator when authorized by the Secretary for the compensation and necessary expenses of the Board of Bar Examiners.
Source: SDC 1939, §32.1112; Supreme Court Rule 11, Order No. 1, 1957; SDC Supp 1960, §32.1111; Supreme Court Rule 75-7; Supreme Court Rule 76-5; Supreme Court Rule 81-8; Supreme Court Rule 82-26; Supreme Court Rule 83-10; Supreme Court Rule 84-14; SL 1991, ch 439 (Supreme Court Rule 91-5); SL 1998, ch 314; SL 1999, ch 281; SL 2003, ch 265 (Supreme Court Rule 03-6), eff. July 1, 2003; SL 2004, ch 323 (Supreme Court Rule 03-22), eff. Jan. 1, 2004; SL 2014, ch 267 (Supreme Court Rule 14-08), eff. July 1, 2014; SL 2019, ch 231 (Supreme Court Rule 19-10), eff. Feb. 25, 2019; Supreme Court Rule 23-17, eff. Sept. 1, 2023.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-14 - Discrimination on account of sex prohibited.

16-16-14. Discrimination on account of sex prohibited.
No person shall be refused a license under this chapter on account of sex.
Source:
SL 1893, ch 21, §1; SL 1901, ch 60, §1; RPolC 1903, §685; RC 1919, §5253; Supreme Court Rule 1, 1939; SDC 1939 & Supp 1960, §32.1101.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-15 - Board of Bar Examiners--Applications for admission--Investigations--Hearings--Confidentiality--Disciplinary Board.

16-16-15. Board of Bar Examiners--Applications for admission--Investigations--Hearings--Confidentiality--Disciplinary Board.
The Board of Bar Examiners is empowered to make inquiries and investigations concerning the character, fitness and general qualifications of applicants for admission. In the conduct of investigations and upon hearings, the board may take and hear testimony and compel, by subpoena, the attendance of witnesses and the production of books, papers and documents. Any member of the board may administer oaths and issue subpoenas.
The contents of any report received by the Board of Bar Examiners relating to the character, fitness and general qualification of an applicant as well as the author of such report, shall be privileged and confidential between the author of the report and all members of the Board of Bar Examiners, its staff, and the applicant, and as appropriate, between the author of the report and the South Dakota Supreme Court. This rule of confidentiality does not prohibit the Board of Bar Examiners from furnishing relevant information to the Disciplinary Board when the board is conducting an investigation concerning the character, fitness and general qualifications of an attorney.
Source:
Supreme Court Rule 3, Order No. 1, 1957; SDC Supp 1960, §32.1103; Supreme Court Rule 84-15; Supreme Court Rule 95-10; SL 2003, ch 266 (Supreme Court Rule 03-7), eff. July 1, 2003.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-16 - Review by Supreme Court of bar examiners' decision as to qualifications of applicant.

16-16-16. Review by Supreme Court of bar examiners' decision as to qualifications of applicant.
If an applicant be aggrieved by the decision of the Board of Bar Examiners as to his qualifications and shall so request, the secretary of the board shall transmit the applicant's file and other available information to the Supreme Court for review. The Court shall thereupon conduct such investigation as it deems necessary to a decision as to the qualifications of the applicant for admission. The decision of the Court shall be communicated by the secretary to the applicant and shall be final. Any such request for review must be filed with the Court within thirty days of the decision of the Board of Bar Examiners.
Source:
Supreme Court Rule 7, Order No. 1, 1957; SDC Supp 1960, §32.1107; Supreme Court Rule 75-7; SL 2003, ch 267 (Supreme Court Rule 03-8), eff. July 1, 2003.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-16.1 - Review by Supreme Court of Bar Examiners' decision on ADA request.

16-16-16.1. Review by Supreme Court of Bar Examiners' decision on ADA request.
If an applicant be aggrieved by the decision of the Board of Bar Examiners as to a request made under the Americans with Disabilities Act (ADA), the secretary of the board shall transmit the applicant's file and other available information to the Supreme Court for review. The Court shall thereupon conduct such proceedings as it deems necessary to a decision as to the ADA request. The decision of the Court shall be communicated by the secretary to the applicant and shall be final. Any such request for review must be filed with the Court within ten days of the decision of the Board of Bar Examiners.
Source:
SL 2003, ch 270 (Supreme Court Rule 03-12).
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-17 - Recommendation to Supreme Court for admission to practice--Order and certificate of admission--State Bar membership fee.

16-16-17. Recommendation to Supreme Court for admission to practice--Order and certificate of admission--State Bar membership fee.
Every applicant who has complied with the requirements of the applicable rules shall be recommended by the board to the Supreme Court for admission to practice law, provided, however, that such recommendation by the Board of Bar Examiners shall be effective for a period not exceeding one hundred twenty days. The court, for good cause shown, may extend such period of time. If the court is satisfied as to the qualifications of the applicant so recommended, the court will make an order of admission, which order shall become effective and certificate of admission from the clerk of the Supreme Court shall issue upon payment to the clerk of membership fee in the State Bar and the fee as fixed in §16-2-29.1 for the certificate of admission and upon filing in the office of the clerk the oath of attorney. The clerk shall notify the secretary of the State Bar of such admission and remit the membership fee.
Source:
Supreme Court Rule 11, 1939; SDC 1939, §32.1111; Supreme Court Rule 9, Order No. 1, 1957; SDC Supp 1960, §32.1109; Supreme Court Rule 82-29.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-17.1 - Conditional admission.

16-16-17.1. Conditional admission.
In its sole discretion, the Board of Bar Examiners may recommend to the Supreme Court that an applicant be admitted to the bar on a conditional basis in accordance with these Rules. The recommendation may incorporate such terms, conditions and restrictions and be for such duration as the board determines appropriate. The Supreme Court may accept, reject, or modify the recommendation.
A conditional admission shall be confidential except that the Board of Bar Examiners shall advise the secretary-treasurer of the State Bar and the secretary of the State Bar's Disciplinary Board of such conditional admission, and except as provided in §§16-16-15 and 16-19-99. An applicant admitted to the practice of law pursuant to this section is bound by the terms of such conditional admission. Applicants aggrieved by the decision of the Board of Bar Examiners may seek review pursuant to §16-16-16.
Source:
SL 1996, ch 318; SL 2012, ch 258 (Supreme Court Rule 12-04), eff. July 1, 2012.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-17.2 - Limited purpose of conditional admission.

16-16-17.2. Limited purpose of conditional admission.
As provided by §16-16-7.3, conditional admission may be employed to permit an applicant who currently satisfies character and fitness requirements to practice law while his or her continued participation in an ongoing course of treatment or remediation for previous misconduct or unfitness is monitored to protect the public. Conditional admission is neither to be used as a method of achieving fitness nor as a method of monitoring the behavior of all applicants who have rehabilitated themselves from misconduct or unfitness.
Source:
SL 2012, ch 259 (Supreme Court Rule 12-05), eff. July 1, 2012.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-17.3 - Limited circumstances under which conditional admission may be considered.

16-16-17.3. Limited circumstances under which conditional admission may be considered.
The Board of Bar Examiners may recommend that an applicant be admitted to the bar conditioned on the applicant's compliance with relevant conditions prescribed by the board. To be eligible for conditional admission an applicant must satisfy all requirements for admission to the bar, possess the requisite good moral character and fitness for admission, and be engaged in a sustained and effective course of treatment for or remediation of one of the following:
(a)Substance abuse or dependence;
(b)A diagnosed mental or physical impairment that, should it reoccur, would likely impair the applicant's ability to practice law or pose a threat to the public; or
(c)Neglect of financial affairs.
Conditional admission may be employed only when an applicant has been engaged in a sustained and effective course of treatment or remediation for a period of time sufficient to demonstrate his or her commitment and progress.
Source:
SL 2012, ch 260 (Supreme Court Rule 12-06), eff. July 1, 2012.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-17.4 - Report of recommendation to Supreme Court.

16-16-17.4. Report of recommendation to Supreme Court.
In the event that a majority of the members of the Board of Bar Examiners votes to recommend the conditional admission of an applicant, the Board shall report to the Supreme Court the matters of concern, the nature, substance, and duration of the course of treatment or remediation in which the applicant is engaged, complete and detailed information regarding the applicant's progress in connection therewith including any lapses or failures, the board's recommendation regarding the terms and conditions of admission, any additional facts relevant to the recommendation, and confirmation of the applicant's consent to admission on a conditional basis.
Source:
SL 2012, ch 261 (Supreme Court Rule 12-07), eff. July 1, 2012.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-17.5 - Review of conditional admission.

16-16-17.5. Review of conditional admission.
The Board of Bar Examiners shall review each conditional admission no later than the date specified in the Supreme Court's order granting conditional admission. The board shall recommend to the Supreme Court that:
(1)The conditional admission be terminated, resulting in loss of license; or
(2)That the conditional admission be modified and/or extended; or
(3)That full admission be granted.
The Supreme Court may accept or reject the recommendation.
Source:
SL 2014, ch 268 (Supreme Court Rule 14-09), eff. July 1, 2014.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-18 - Oath of attorney--Form and administration.

16-16-18. Oath of attorney--Form and administration.
The oath of attorney shall be administered by a justice or judge of any state appellate court or court of general jurisdiction or by a justice or judge of any federal appellate or district court. The form of the oath of attorney shall be in substance as follows:
I do solemnly swear, or affirm, that:
I will support the Constitution of the United States and the Constitution of the State of South Dakota;
I will maintain the respect due to courts of justice and judicial officers;
I will not counsel or maintain any suit or proceeding which shall appear to me to be unjust, nor any defense except such as I believe to be honestly debatable under the law of the land;
I will employ for the purpose of maintaining the causes confided to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or jury by any artifice or false statement of fact or law;
I will maintain the confidence and preserve inviolate the secrets of my client, and will accept no compensation in connection with a client's business except from that client or with the client's knowledge or approval;
I will abstain from all offensive personality, and advance no fact prejudicial to the honor or reputation of a party or witness, unless required by the justice of the cause with which I am charged;
I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or delay any person's cause for lucre or malice.
Source:
SDC 1939, §32.1111; Supreme Court Rule 9, Order No. 1, 1957; SDC Supp 1960, §32.1109; SL 1994, ch 407; SL 1996, ch 316.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-19 - Rights and privileges conferred by license to practice law.

16-16-19. Rights and privileges conferred by license to practice law.
The license referred to in §16-16-1 shall constitute the person receiving the same an attorney and counselor at law, and shall authorize him for and during his good behavior and his maintenance of active membership in good standing in said State Bar of South Dakota to practice in all the courts of this state and to demand and receive compensation for any services he may render as an attorney and counselor at law in this state.
Source:
SL 1893, ch 21, §1; SL 1901, ch 60, §1; RPolC 1903, §685; RC 1919, §5253; Supreme Court Rule 1, 1939; SDC 1939 & Supp. 1960, §32.1101.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-20 - Roll of attorneys maintained by clerk of Supreme Court.

16-16-20. Roll of attorneys maintained by clerk of Supreme Court.
The clerk of the Supreme Court shall maintain a permanent roll of all persons admitted to practice law. The records of his office shall show whether or not persons enrolled maintain active membership in the State Bar of South Dakota.
Source:
SL 1893, ch 21, §7; SL 1901, ch 60, §5; RPolC 1903, §689; RC 1919, §5257; Supreme Court Rule 3, 1939; SDC 1939, §32.1103; Supreme Court Rule 10, Order No. 1, 1957; SDC Supp 1960, §32.1110.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-21 - Reinstatement of inactive attorneys--Persons eligible.

16-16-21. Reinstatement of inactive attorneys--Persons eligible.
The provisions of §§16-16-22 to 16-16-24, inclusive, apply only to a person who:
(1)Has been duly licensed to practice law in this state;
(2)Has not maintained status as an active member of the State Bar of South Dakota;
(3)Is of good moral character; and
(4)May under bylaws of such State Bar regain such active status and the resulting privilege of practicing law in this state only by obtaining from the Supreme Court certification of qualifications for resumption of such practice.
Source:
Supreme Court Rule, Order No. 1, 1960; SL 1989, ch 30, §48.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-22 - Application for reinstatement--Fees and charges--Determination of eligibility.

16-16-22. Application for reinstatement--Fees and charges--Determination of eligibility.
The application for certification pursuant to §16-16-21 and the supporting proof shall be in such form as the Supreme Court may direct. The applicant shall pay to the clerk of such court and to the secretary of the Board of Bar Examiners the same fees and charges as required of applicants for a license to practice law. If the court is satisfied as to the prerequisites stated in §16-16-21 for entertaining such application, there shall be determined as provided in §16-16-23 the qualifications of the applicant for such certification.
Source:
Supreme Court Rule, Order No. 1, 1960.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-23 - Examination required of applicant for reinstatement--Examination dispensed with if applicant manifestly qualified.

16-16-23. Examination required of applicant for reinstatement--Examination dispensed with if applicant manifestly qualified.
Except as otherwise hereinafter specifically stated, certification pursuant to §16-16-21 shall be issued only if the applicant satisfactorily passes the examination for which provision is made in §§16-16-9 and 16-16-10. If, however, such court is satisfied from the proof submitted and from such independent investigation as may be made by the court that the applicant is manifestly qualified to practice law in this state, the court may, in its discretion, issue such certification without such examination. In determining whether or not the court shall certify the applicant without requiring examination the court shall take into consideration such factors as it may deem pertinent, such as the extent of the applicant's experience and practice of law; his past success in the profession; his demonstrated proficiency therein; the character of his business or professional work other than practice of law; and the extent, if at all, to which such other business or professional work has related to legal problems. If an applicant for certification pursuant to §16-16-21 is required to take such examination and fails three times to pass the same, he may not be permitted to take another examination except by permission of the Supreme Court.
Source:
Supreme Court Rule, Order No. 1, 1960.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 16 - Admission Of Attorneys To Practice › Section 16-16-24 - Notice to State Bar of reinstatement of attorney--Payment of membership fees.

16-16-24. Notice to State Bar of reinstatement of attorney--Payment of membership fees.
Upon issuance of certification pursuant to §16-16-21, the clerk of the Supreme Court shall notify the secretary of the State Bar thereof, whereupon the applicant shall be entitled to enrollment as an active member of such State Bar upon payment by him to the secretary of such State Bar of the current fees required of active members and all other membership fees, if any, owing from such applicant to such State Bar and all delinquency penalties as to any such fees.
Source:
Supreme Court Rule, Order No. 1, 1960.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 17 - The State Bar › Section 16-17-1 - Bar continued as public association.

16-17-1. Bar continued as public association.
The State Bar of South Dakota, hereinafter designated as the "State Bar," heretofore created and constituted by law as a public association, is hereby continued as such public association.
Source:
SL 1931, ch 84, §2; SDC 1939 & Supp 1960, §32.1113.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 17 - The State Bar › Section 16-17-2 - Purposes of State Bar.

16-17-2. Purposes of State Bar.
The aims and objects of the State Bar shall continue to be to obtain the cooperation of all the practicing lawyers in the state in the better administration of justice, and in maintaining a high standard of professional conduct at the bar, to furnish a legal entity through which the considered judgment of its members on matters affecting the judicial system of the state may be ascertained and made available to the courts and the Legislature, to uphold the honor of the profession of the law, to encourage adequate preparation for its practice, and to promote cordial intercourse among the members of the South Dakota Bar.
Source:
SL 1931, ch 84, §3; SDC 1939 & Supp 1960, §32.1113.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 17 - The State Bar › Section 16-17-3 - Membership of State Bar.

16-17-3. Membership of State Bar.
The membership of the State Bar shall be all persons who are now or may hereafter be entitled to practice law in this state.
Source:
SL 1931, ch 84, §4; SDC 1939 & Supp 1960, §32.1114.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 17 - The State Bar › Section 16-17-4 - Annual membership fee--Bylaws and rules governing fee and use of fund.

16-17-4. Annual membership fee--Bylaws and rules governing fee and use of fund.
The annual membership fee for all members of the State Bar shall be such amount as the State Bar may from time to time determine. The State Bar shall continue to have power by the enactment of bylaws and rules as provided in §§16-17-7 and 16-17-8 to fix, determine, and change the time and manner of payment of such membership fee, the officer to receive payment thereof, the manner of disbursing the fund arising therefrom and the purposes for which such disbursements shall be made.
Source:
SL 1931, ch 84, §9; SDC 1939, §32.1119; SL 1955, ch 128; SL 1963, ch 223.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 17 - The State Bar › Section 16-17-4.1 - Senior emeritus status.

16-17-4.1. Senior emeritus status.
Notwithstanding any provision to the contrary, there is hereby created emeritus status for members of the State Bar.
Eligibility: A member of the State Bar who is or has maintained active status in the State Bar and is retired or is retiring from the judiciary or the active practice of law.
Privileges: A lawyer taking emeritus status shall have all the rights and privileges of an active member of the State Bar except that the lawyer may not practice law except as hereinafter provided: emeritus status lawyers may represent, on a pro bono basis, only such clients as are referred to the lawyer by East River Legal Services, Dakota Plains Legal Services, Access to Justice, or such other pro bono program recognized and approved by the State Bar.*
Dues: Annual dues for emeritus status are such dues as are approved by the Supreme Court from time to time for inactive status.
Registration: Lawyers taking emeritus status shall file an emeritus registration form prepared by the Secretary-Treasurer of the State Bar, who shall thereafter advise the legal services programs, Access to Justice and other approved pro bono referral programs of the availability of the emeritus lawyer to take pro bono referrals.
* Comment: Emeritus status is intended only to allow a retired judge or lawyer to contribute to society and the profession by taking pro bono referrals from an approved legal services program. Representation of friends, neighbors and relatives, even if no fee is charged, is not permitted.
Source:
SL 2008, ch 283 (Supreme Court Rule 07-04), eff. Jan. 1, 2008.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 17 - The State Bar › Section 16-17-5 - Board of commissioners.

16-17-5. Board of commissioners.
The State Bar shall continue to have power to elect a board of commissioners and to determine the number of such commissioners, their qualifications, terms of office, powers, and duties and the time, place, and manner of their election.
Source:
SL 1931, ch 84, §5; SDC 1939 & Supp 1960, §32.1115.
2023 South Dakota Codified Laws › Title 16 - Courts and Judiciary › Chapter 17 - The State Bar › Section 16-17-6 - Meetings of State Bar.

16-17-6. Meetings of State Bar.
Annual and special meetings of the State Bar shall be held at such times and places as its board of commissioners may designate or as may be otherwise provided by the bylaws and rules of the State Bar.
Source:
SL 1931, ch 84, §10; SDC 1939 & Supp 1960, §32.1118.