South Dakota 19 — Discipline Of Attorneys
- 16-19-1 — Transferred.
- 16-19-2 — Repealed.
- 16-19-3 — Transferred.
- 16-19-4 — Repealed.
- 16-19-5 — to 16-19-9. Transferred.
- 16-19-10 — , 16-19-11. Repealed.
- 16-19-12 — Transferred.
- 16-19-13 — Repealed.
- 16-19-14 — Transferred.
- 16-19-15 — to 16-19-18. Transferred.
- 16-19-19 — Repealed.
- 16-19-20 — Inherent power of Supreme Court.
- 16-19-21 — Attorneys subject to discipline by Supreme Court and board.
- 16-19-22 — Supreme Court exclusive power to disbar or suspend attorney.
- 16-19-23 — Powers reserved to other courts to control proceedings.
- 16-19-24 — Disciplinary board of State Bar--Appointment and terms of members--Vacancies.
- 16-19-25 — Chairman and vice-chairman of disciplinary board.
- 16-19-26 — Meetings of disciplinary board--Quorum--Vote required for action.
- 16-19-27 — Compensation of members of disciplinary board.
- 16-19-28 — Disqualification of board members in particular proceedings--Ad hoc appointmentsto restore full membership.
- 16-19-29 — Powers and duties of disciplinary board generally.
- 16-19-30 — Complaints and testimony privileged--Board and staff immune from suit.
- 16-19-31 — License to practice law as trust--Duty to conform to standards.
- 16-19-32 — Violations by attorneys as grounds for discipline.
- 16-19-33 — Specific grounds for discipline of attorneys.
- 16-19-34 — Deceit and collusion as grounds for disbarment--Treble damages.
- 16-19-35 — Kinds of discipline authorized.
- 16-19-35.1 — Petition by board for temporary suspension.
- 16-19-36 — Attorney's conviction of serious crime to be reported to Supreme Court--Definitionof serious crime.
- 16-19-37 — Suspension from practice on conviction of serious crime--Setting aside order.
- 16-19-38 — Reinstatement of suspended attorney on reversal of conviction--Pending proceedingsunaffected.
- 16-19-39 — Reference for formal disciplinary proceedings on conviction of serious crime.
- 16-19-40 — Parties initiating investigations of attorney's conduct.
- 16-19-41 — Reference for investigation and report in proceeding initiated by Supreme Court.
- 16-19-42 — Complaint and reference for investigation and report in proceeding initiated byattorney general.
- 16-19-43 — Investigation or reference for investigation and report in proceeding initiated bydisciplinary board.
- 16-19-44 — Individual complaint filed with board or Supreme Court--Reference for investigationand report.
- 16-19-45 — Investigation by board or attorney general on reference--Report and recommendationfiled with Supreme Court.
- 16-19-46 — Proceedings not to be abated for failure to prosecute, settlement or restitution.
- 16-19-47 — Processing not to be deferred because of similarity to other pending litigation.
- 16-19-48 — Transfer to inactive status of respondent pleading disability.
- 16-19-49 — Resumption of disciplinary proceedings when respondent not incapacitated.
- 16-19-50 — Accused attorney to be given opportunity to state position.
- 16-19-51 — Procedure required in investigations by board or attorney general.
- 16-19-52 — Notice to attorney of complaint and allegations.
- 16-19-53 — Methods of investigation to be used--Informal conference.
- 16-19-54 — Attorney's duty to respond to disciplinary board.
- 16-19-55 — Subpoena power of board and attorney general--Disobedience as contempt.
- 16-19-56 — Subpoena of attorney's record of client funds.
- 16-19-57 — Repealed.
- 16-19-58 — Certificate of conviction as evidence against attorney.
- 16-19-59 — Dismissal of complaint on finding not meritorious.
- 16-19-60 — Conditions imposed on attorney on finding of meritorious complaint--Dismissal oncompliance.
- 16-19-61 — Notice to attorney of report and proposal for private reprimand.
- 16-19-62 — Response by attorney to proposal for private reprimand--Report and findings byboard.
- 16-19-63 — Demand by attorney for formal proceedings in lieu of private reprimand.
- 16-19-64 — Provisions governing formal disciplinary proceedings.
- 16-19-65 — Consent by attorney to disbarment--Contents of affidavit.
- 16-19-66 — Disbarment by consent--Public disclosure of order.
- 16-19-67 — Findings of fact, conclusions of law, and recommendation of investigating agencyshall constitute a formal accusation.
- 16-19-68 — Answer by attorney to formal accusation--Reference to receive evidence andrecommend disposition--Judgment on admission by attorney.
- 16-19-68.1 — Accused attorney to appear before Supreme Court.
- 16-19-69 — Repealed.
- 16-19-70 — Repealed.
- 16-19-70.1 — Costs and expenses of disciplinary proceedings.
- 16-19-70.2 — Allowable costs and expenses.
- 16-19-70.3 — Proof of costs and expenses required.
- 16-19-70.4 — Judgment for costs against attorney.
- 16-19-71 — Advice to Supreme Court of discipline in another jurisdiction--Copy of order filed--Conclusive evidence of misconduct.
- 16-19-72 — Notice to attorney of disciplinary order from other jurisdiction.
- 16-19-73 — Stay of reciprocal discipline on stay in other jurisdiction.
- 16-19-74 — Imposition of identical reciprocal discipline--Grounds for other disposition.
- 16-19-75 — Newspaper publication of suspension or disbarment.
- 16-19-76 — Notice to courts of suspension or disbarment--Order for protection of clients.
- 16-19-77 — Effective date of suspension or disbarment--New matters not to be accepted--Winding up of pending business.
- 16-19-78 — Notice to office clients of disbarment or suspension.
- 16-19-79 — Notice to opposing counsel and clients involved in litigation of disbarment orsuspension--Leave of court or agency to withdraw.
- 16-19-80 — Affidavit of compliance filed by disbarred or suspended attorney.
- 16-19-81 — Record of compliance maintained by disbarred or suspended attorney--Conditionprecedent to reinstatement.
- 16-19-82 — Noncompliance by attorney as contempt.
- 16-19-83 — Reinstatement order required before resumption of practice--Time of application--Waiting period after denial of reinstatement.
- 16-19-84 — Petition and hearing on reinstatement--Advance cost deposit--Burden of proof.
- 16-19-85 — Participation by board counsel in hearing on reinstatement--Appearance by andexamination of petitioner.
- 16-19-86 — Board findings and recommendation on reinstatement--Placement on Court calendar.
- 16-19-87 — Dismissal of petition or order of reinstatement--Conditions imposed on petitioner.
- 16-19-88 — Transfer to disability status of attorney judicially found incompetent.
- 16-19-89 — Petition by board for determination of impairment of attorney--Directions forinvestigation.
- 16-19-90 — Notice to respondent of disability proceedings--Representation of respondent.
- 16-19-91 — Burden of proof in disability and reinstatement proceedings.
- 16-19-92 — Order transferring disabled attorney to inactive status--Pending disciplinaryproceedings.
- 16-19-93 — Reinstatement order required before disabled attorney resumes practice.
- 16-19-94 — Petition for reinstatement by attorney in disability inactive status.
- 16-19-95 — Reinstatement of disabled attorney on judicial declaration of competency.
- 16-19-96 — Waiver of physician-patient privilege by petition for reinstatement of disabledattorney--Disclosure of names by petitioner.
- 16-19-97 — Examination of petitioner for reinstatement--Expense of examination--Additionalproof of competence required.
- 16-19-98 — Order of reinstatement on removal of disability.
- 16-19-99 — Proceedings confidential--Violation as contempt--Exceptions.
- 16-19-100 — Retention of files and records of disbarred, suspended, or reinstated attorney. APPENDIX TO CHAPTER 16-19. SOUTH DAKOTA SUPREME COURT DISCIPLINARY RULES[SUPERSEDED]. RULES OF PROCEDURE OF THE DISCIPLINARY BOARD OF THE STATEBAR OF SOUTH DAKOTA.