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 as the board may in its discretion determine necessary according […]
16-19-100. Retention of files and records of disbarred, suspended, or reinstated attorney. The board shall, unless otherwise ordered by the Supreme Court, retain its files and records of any attorney who has been disbarred, suspended, placed on probationary status, placed on medical inactive status pursuant to §16-19-89 or 16-19-92, publicly censured, or who has been […]
16-19-20. Inherent power of Supreme Court. The Supreme Court declares that it has inherent power to supervise the conduct of attorneys who are its officers. Source: Supreme Court Rule 78-1, Preamble.
16-19-21. Attorneys subject to discipline by Supreme Court and board. Any attorney admitted to practice law in this state and any attorney specially admitted by a court of this state for a particular proceeding is subject to the inherent disciplinary jurisdiction of the Supreme Court and the board established by §16-19-24. Source: Supreme Court Rule […]
16-19-22. Supreme Court exclusive power to disbar or suspend attorney. The Supreme Court has the sole power to disbar and strike from the roster any attorney. The Supreme Court also has the power to suspend any attorney from the practice for such time not to exceed three years, to publicly censure an attorney, and to […]
16-19-24. Disciplinary board of State Bar–Appointment and terms of members–Vacancies. There is hereby established a seven member board to be known as “the disciplinary board of the State Bar of South Dakota” (hereinafter referred to as the “board”). The president of the State Bar shall appoint six active members of the State Bar, and the […]
16-19-25. Chair and vice-chair of the board. The President of the State Bar shall designate one attorney member as chair of the board and may designate another attorney member as vice-chair. Source: Supreme Court Rule 78-1, Rule IV (b); SL 2016, ch 246 (Supreme Court Rule 16-11), eff. July 1, 2016.
16-19-26. Meetings of the board–Quorum–Vote required for action. The board shall meet at least quarterly at times fixed by the chair. The board may meet by the use of audio or visual medium. Four members shall constitute a quorum. The board shall act only with the concurrence of four or more members. Source: Supreme Court […]
16-19-27. Compensation of members of the board. Attorney members of the board shall receive no compensation for their services but may be reimbursed for their travel and other expenses incidental to the performance of their duties. The lay member shall receive compensation at the rate of one hundred dollars per day in addition to travel […]
16-19-28. Disqualification of board members in particular proceedings–Ad hoc appointments to restore full membership. Board members shall refrain from taking part in any proceeding in which a judge, similarly situated, would be required to abstain. In the event of recusal of attorney members of the board, the president of the State Bar shall appoint active […]
16-19-29. Powers and duties of disciplinary board generally. The board shall exercise the powers and perform the duties conferred and imposed upon it by rule of the Supreme Court, including the power and duty: (1)To consider and investigate any alleged ground for discipline or alleged medical condition of any attorney called to its attention, or […]
16-19-30. Complaints and testimony privileged–Board and staff immune from suit. Complaints submitted to the board or testimony with respect thereto shall be absolutely privileged and no civil action predicated thereon may be instituted. Members of the board, the board’s counsel, board staff and any personnel or legal counsel appointed by the board shall be immune […]
16-19-31. License to practice law as trust–Duty to conform to standards. A license to practice law in this state is a privilege and a continuing proclamation by the Supreme Court that a licensed attorney is an officer of the Court, is fit to be entrusted with legal and judicial matters, and is able to aid […]
16-19-32. Violations by attorneys as grounds for discipline. An act or omission by an attorney, individually or in concert with others, which violates the attorney’s oath of office, the laws governing attorney conduct, or the Rules of Professional Conduct, or other disciplinary rules adopted by the Supreme Court, is misconduct and is grounds for discipline, […]
16-19-33. Specific grounds for discipline of attorneys. The following shall similarly constitute misconduct and shall be grounds for discipline: (1)Conviction of a crime as set forth in §16-19-36; (2)Disobedience to, or violation of an order of the court requiring the attorney to act or refrain from acting in a particular manner; (3)Violation of any of […]
16-19-34. Deceit and collusion as grounds for disbarment–Treble damages. An attorney who is guilty of deceit or collusion, or consents thereto, with intent to deceive a court or judge, or party to an action or proceeding, is subject to discipline, and shall forfeit to the injured party treble damages to be recovered in a civil […]
16-19-35. Kinds of discipline authorized. Discipline for misconduct may be imposed as follows: (1)Disbarment by the Supreme Court; (2)Suspension by the Supreme Court for a specific period not to exceed three years; (3)Placement on a probationary status by the Supreme Court for such period and with such conditions as the Supreme Court may specify; (4)Public […]
16-19-35.1. Petition by board for temporary suspension. The board may petition the Supreme Court to temporarily suspend an attorney from the practice of law or to impose restrictions or conditions on the attorney’s practice pending full investigation, where the attorney poses a risk or danger to clients, clients’ property, or the public, where the board […]
16-19-36. Attorney’s conviction of crime to be reported to disciplinary board. Any attorney and the clerk of any court in this state in which an attorney is convicted of a crime, except those misdemeanor traffic offenses or traffic ordinance violations not involving the use of alcohol or drugs, shall within ten days of said conviction […]
16-19-37. Suspension from practice on conviction of serious crime–Setting aside order. If any attorney has been convicted of a serious crime, the Supreme Court may enter an order immediately suspending the attorney from engaging in the practice of law, pending final disposition of a disciplinary proceeding to be commenced upon such conviction. The term “serious […]
