There is a newer version of the South Dakota Codified Laws
2014 South Dakota Codified Laws
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- § 16-19-2 Repealed.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- § 16-19-4 Repealed.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 Repealed.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- § 16-19-13 Repealed.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- § 16-19-19 Repealed.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 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 Attorney discipline--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.
Disclaimer: These codes may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.