DISCIPLINE OF ATTORNEYS
16-19-5 to 16-19-9. Transferred.
16-19-10, 16-19-11. Repealed.
16-19-15 to 16-19-18. Transferred.
Inherent power of Supreme Court.
Attorneys subject to discipline by Supreme Court and board.
Supreme Court exclusive power to disbar or suspend attorney.
Powers reserved to other courts to control proceedings.
Disciplinary board of State Bar--Appointment and terms of members--Vacancies.
Chairman and vice-chairman of disciplinary board.
Meetings of disciplinary board--Quorum--Vote required for action.
Compensation of members of disciplinary board.
Disqualification of board members in particular proceedings--Ad hoc appointments
to restore full membership.
Powers and duties of disciplinary board generally.
Complaints and testimony privileged--Board and staff immune from suit.
License to practice law as trust--Duty to conform to standards.
Violations by attorneys as grounds for discipline.
Specific grounds for discipline of attorneys.
Deceit and collusion as grounds for disbarment--Treble damages.
Kinds of discipline authorized.
Petition by board for temporary suspension.
Attorney's conviction of serious crime to be reported to Supreme Court--Definition
of serious crime.
Suspension from practice on conviction of serious crime--Setting aside order.
Reinstatement of suspended attorney on reversal of conviction--Pending proceedings
Reference for formal disciplinary proceedings on conviction of serious crime.
Parties initiating investigations of attorney's conduct.
Reference for investigation and report in proceeding initiated by Supreme Court.
Complaint and reference for investigation and report in proceeding initiated by
Investigation or reference for investigation and report in proceeding initiated by
Individual complaint filed with board or Supreme Court--Reference for investigation
Investigation by board or attorney general on reference--Report and recommendation
filed with Supreme Court.
Proceedings not to be abated for failure to prosecute, settlement or restitution.
Processing not to be deferred because of similarity to other pending litigation.
Transfer to inactive status of respondent pleading disability.
Resumption of disciplinary proceedings when respondent not incapacitated.
Accused attorney to be given opportunity to state position.
Procedure required in investigations by board or attorney general.
Notice to attorney of complaint and allegations.
Methods of investigation to be used--Informal conference.
Attorney's duty to respond to disciplinary board.
Subpoena power of board and attorney general--Disobedience as contempt.
Subpoena of attorney's record of client funds.
Certificate of conviction as evidence against attorney.
Dismissal of complaint on finding not meritorious.
Conditions imposed on attorney on finding of meritorious complaint--Dismissal on
Notice to attorney of report and proposal for private reprimand.
Response by attorney to proposal for private reprimand--Report and findings by
Demand by attorney for formal proceedings in lieu of private reprimand.
Provisions governing formal disciplinary proceedings.
Consent by attorney to disbarment--Contents of affidavit.
Disbarment by consent--Public disclosure of order.
Findings of fact, conclusions of law, and recommendation of investigating agency
shall constitute a formal accusation.
Answer by attorney to formal accusation--Reference to receive evidence and
recommend disposition--Judgment on admission by attorney.
Accused attorney to appear before Supreme Court.
Costs and expenses of disciplinary proceedings.
Allowable costs and expenses.
Proof of costs and expenses required.
Judgment for costs against attorney.
Advice to Supreme Court of discipline in another jurisdiction--Copy of order filed--Conclusive evidence of misconduct.
Notice to attorney of disciplinary order from other jurisdiction.
Stay of reciprocal discipline on stay in other jurisdiction.
Imposition of identical reciprocal discipline--Grounds for other disposition.
Newspaper publication of suspension or disbarment.
Notice to courts of suspension or disbarment--Order for protection of clients.
Effective date of suspension or disbarment--New matters not to be accepted--Winding up of pending business.
Notice to office clients of disbarment or suspension.
Notice to opposing counsel and clients involved in litigation of disbarment or
suspension--Leave of court or agency to withdraw.
Affidavit of compliance filed by disbarred or suspended attorney.
Record of compliance maintained by disbarred or suspended attorney--Condition
precedent to reinstatement.
Noncompliance by attorney as contempt.
Reinstatement order required before resumption of practice--Time of application--Waiting period after denial of reinstatement.
Petition and hearing on reinstatement--Advance cost deposit--Burden of proof.
Participation by board counsel in hearing on reinstatement--Appearance by and
examination of petitioner.
Board findings and recommendation on reinstatement--Placement on Court calendar.
Dismissal of petition or order of reinstatement--Conditions imposed on petitioner.
Transfer to disability status of attorney judicially found incompetent.
Petition by board for determination of impairment of attorney--Directions for
Notice to respondent of disability proceedings--Representation of respondent.
Burden of proof in disability and reinstatement proceedings.
Order transferring disabled attorney to inactive status--Pending disciplinary
Reinstatement order required before disabled attorney resumes practice.
Petition for reinstatement by attorney in disability inactive status.
Reinstatement of disabled attorney on judicial declaration of competency.
Waiver of physician-patient privilege by petition for reinstatement of disabled
attorney--Disclosure of names by petitioner.
Examination of petitioner for reinstatement--Expense of examination--Additional
proof of competence required.
Order of reinstatement on removal of disability.
Attorney discipline--Proceedings confidential--Violation as contempt--Exceptions.
Retention of files and records of disbarred, suspended, or reinstated attorney.
APPENDIX TO CHAPTER 16-19.
SOUTH DAKOTA SUPREME COURT DISCIPLINARY RULES
RULES OF PROCEDURE OF THE DISCIPLINARY BOARD OF THE STATE
BAR OF SOUTH DAKOTA.