2016 South Dakota Codified Laws
Title 16 - COURTS AND JUDICIARY
Chapter 19 - Discipline Of Attorneys
Appendix Appendix A

RULES OF PROCEDURE OF THE DISCIPLINARY BOARD OF THE STATE BAR OF SOUTH DAKOTA These rules describe the usual procedures employed by the board in the discharge of its duties to investigate complaints alleging attorney misconduct. However, procedures may vary in individual cases according to the circumstances of the matter being investigated and the conduct of the respondent attorney as the board may in its discretion determine to be appropriate. Questions or requests for variance should be addressed to the member to whom a complaint has been assigned.

1. Each complaint received by the board secretary or designee that is not dismissed pursuant 44 shall be distributed to the members of the board and board counsel for investigation and assigned by the secretary or designee to one member of the board who shall administer the initial investigation. The secretary or designee shall

(a) Acknowledge receipt and notify the complainant of the name and address of the board member to whom the complaint has been assigned;

(b) Provide a copy of the complaint to the respondent attorney who is the subject of the complaint along with the name and address of the assigned board member;

(c) Instruct the respondent attorney to respond in writing, not to exceed ten pages, to the assigned board member within ten days along with nine copies of the response for distribution; and

(d) Advise the complainant and the respondent attorney of the provisions of § 16-19-99 concerning confidentiality.

2. Upon receipt of the respondent attorney's written response the assigned board member shall distribute copies to the board members and board counsel and shall mail a copy to the complainant for a written reply.

3. The assigned member shall continue the investigation by mail or in person until the matter is ready for board determination and may engage the assistance of board counsel.

4. The board may act on the complaint by mail or at a regular or special meeting as follows:

(a) Dismiss the complaint if the alleged facts do not constitute a violation of the rules governing attorney conduct or the attorneys' oath. The board may, by a separate and unanimous vote, expunge the respondent attorney's record of the dismissed complaint.

(b) Continue the investigation or take such further action with respect to the attorney's conduct as the board deems appropriate.

5. In the event that the board deems it appropriate to have a hearing before the board concerning the respondent attorney's alleged conduct, the hearing shall be conducted in the following manner:

(a) Notice shall be given to the respondent attorney by board counsel by certified mail, return receipt requested, not less than ten days prior to the hearing and shall include a reference to these rules and to the Rules of Professional Conduct.

(b) A transcript shall be kept by a court reporter.

(c) The chair or a member designated by the chair shall conduct the hearing with a quorum of the board present.

(d) The chair shall advise the respondent attorney of the right to be heard, to offer witnesses, to be represented by counsel and to have a record of the proceedings kept. The procedure shall be as follows:

(1) The respondent attorney, after being sworn or the respondent's counsel may make a statement and may examine the respondent attorney.

(2) Witnesses on behalf of the respondent attorney may testify after being sworn. Witnesses will be first examined by respondent attorney or respondent's counsel and thereafter by board counsel and members of the board.

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(3) Respondent shall be examined by board counsel and board members.

(4) The complainant or other witnesses may be called and examined by board counsel and members of the board with cross examination by respondent or respondent's counsel.

(5) Respondent or respondent's counsel or both may make a closing statement subject to such time limits as the board may require.

(6) The board shall consider the matter off the record and out of hearing of the respondent and in closed session.

(e) The board may dismiss the complaint, caution or admonish the respondent attorney, impose conditions on respondent attorney pursuant to § 16-19-60, impose a private reprimand pursuant to 16-19-61, or commence formal disciplinary proceedings pursuant to § 16-19-67, et seq.

(f) If the board's decision is within the purview of § 16-19-61 the respondent attorney may, within ten days of receipt of the board's decision file written objections. The objections will be considered by the board by means of written correspondence among the members or at a special meeting if deemed appropriate.

(g) The board shall notify the respondent attorney by mail of changes, if any, in the findings and recommendations made as a result of the objections.

(h) The board shall notify the complainant of the board's decision when it is final.
Source: SL 2016, ch 246 (Supreme Court Rule 16-67), eff. July 1, 2016.