2011 South Dakota Code
Title 16 COURTS AND JUDICIARY
Chapter 19. Discipline Of Attorneys
§16-19-68 Answer by attorney to formal accusation--Reference to receive evidence and recommend disposition--Judgment on admission by attorney.

16-19-68. Answer by attorney to formal accusation--Reference to receive evidence and recommend disposition--Judgment on admission by attorney. The accused attorney shall answer the formal accusation within thirty days and admit or deny the allegations therein; the issues joined thereon shall in all cases be tried by the Supreme Court, but the court may refer said matter for the taking of testimony and the making of findings and recommendations. Such reference may be to any circuit court judge in this state or to a referee or referees appointed by the court in the same manner as provided by law for the reference of cases in the circuit court so far as applicable. If the accused attorney admits the allegations or fails to answer the formal accusation, the court shall proceed to render such judgment as the case requires. If the referee recommends suspension or disbarment, the referee shall also make a finding as to the qualifications of the accused attorney to act as a legal assistant and make a recommendation as to the restrictions or conditions of employment and supervision if the accused is allowed to act as a legal assistant under §§ 16-18-34.4 to 16-18-34.7, inclusive.

Source: SDC 1939 & Supp 1960, § 32.1219; SDCL, § 16-19-16; Supreme Court Rule 78-1, Rule XX(l); Supreme Court Rule 97-33.