16-19-48 Transfer to inactive status of respondent pleading disability.
Transfer to inactive status of respondent pleading disability.
If, during the course
of a disciplinary proceeding, the respondent claims to suffer from a disability by reason of mental
or physical infirmity or illness, or an addiction to drugs or intoxicants, which makes it impossible
for the respondent to make an adequate defense, the Supreme Court shall enter an order immediately
transferring the respondent to disability inactive status until a determination is made of the
respondent's capacity to continue to practice law in a proceeding instituted in accordance with the
provisions of § 16-19-89. An attorney transferred to disability inactive status shall not (be permitted
to) practice law or act as a legal assistant except as provided by §§ 16-18-34.4 to 16-18-34.7,
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.