There is a newer version of the South Dakota Codified Laws
2011 South Dakota Code
Title 16 COURTS AND JUDICIARY
Chapter 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- §16-19-2 Repealed.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- §16-19-4 Repealed.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 Repealed.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- §16-19-13 Repealed.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- §16-19-19 Repealed.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 appointments to 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--Definition of 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 proceedings unaffected.
- §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 by attorney general.
- §16-19-43 Investigation or reference for investigation and report in proceeding initiated by disciplinary board.
- §16-19-44 Individual complaint filed with board or Supreme Court--Reference for investigation and report.
- §16-19-45 Investigation by board or attorney general on reference--Report and recommendation filed 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 on compliance.
- §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 by board.
- §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 agency shall constitute a formal accusation.
- §16-19-68 Answer by attorney to formal accusation--Reference to receive evidence and recommend 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 or suspension--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--Condition precedent 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 and examination 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 for investigation.
- §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 disciplinary proceedings.
- §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 disabled attorney--Disclosure of names by petitioner.
- §16-19-97 Examination of petitioner for reinstatement--Expense of examination--Additional proof of competence required.
- §16-19-98 Order of reinstatement on removal of disability.
- §16-19-99 Attorney discipline--Proceedings confidential--Violation as contempt--Exceptions.
- §16-19-100 Retention of files and records of disbarred, suspended, or reinstated attorney.
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