Section 16-19-95 – Reinstatement of attorney to active status.
16-19-95. Reinstatement of attorney to active status. Where an attorney has been transferred to medical inactive status by an order in accordance with the provisions of §16-19-88 and thereafter, the attorney has shown that the attorney’s ability to competently practice law is no longer adversely affected by the medical condition giving rise to the judicial […]
Section 16-19-96 – Waiver of physician-patient privilege by petition for reinstatement of disabled attorney–Disclosure of names by petitioner.
16-19-96. Waiver of physician-patient privilege by petition for reinstatement of attorney–Disclosure of names by petitioner. The filing of a petition for reinstatement to active status by an attorney transferred to medical inactive status because of a medical condition that adversely affected the attorney’s competency to practice law shall be deemed to constitute a waiver of […]
Section 16-19-97 – Examination of petitioner for reinstatement–Expense of examination–Additional proof of competence to practice law.
16-19-97. Examination of petitioner for reinstatement–Expense of examination–Additional proof of competence to practice law. Upon application for reinstatement by an attorney on medical inactive status, the Supreme Court may take or direct such action as it deems necessary to determine whether the attorney’s medical condition no longer affects the attorney’s ability to competently practice law, […]
Section 16-19-98 – Order of reinstatement to active status from medical inactive status.
16-19-98. Order of reinstatement to active status from medical inactive status. A petition for reinstatement of an attorney on medical inactive status shall be granted by the Supreme Court upon a showing by clear and convincing evidence that the attorney is competent to resume the practice of law. An attorney who has been placed on […]
Section 16-19-99 – Attorney discipline–Proceedings confidential–Violation as contempt–Exceptions.
16-19-99. Attorney discipline–Proceedings confidential–Violation as contempt–Exceptions. All proceedings involving allegations of misconduct by an attorney or the attorney’s competency to practice law because of a medical condition as defined by §16-19-48 shall be kept confidential until: (a)A formal complaint asking for disciplinary action is filed with the Supreme Court by the board or the attorney […]
Section 16-19-100 – Retention of files and records of disbarred, suspended, or reinstated attorney.
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 […]
Appendix A – Rules of Procedure of the Disciplinary Board of the State Bar of South Dakota.
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 […]
Section 16-19-90 – Notice to attorney of medical inactive status proceedings–Representation of attorney.
16-19-90. Notice to attorney of medical inactive status proceedings–Representation of attorney. The Supreme Court shall provide for such notice to the attorney of proceedings in the matter as it deems necessary and may appoint an attorney to represent the attorney if the attorney is without adequate representation. Source: Sup. Ct. Disc. Rules Aug. 28, 1974, […]
Section 16-19-91 – Burden of proof in medical inactive status and reinstatement proceedings.
16-19-91. Burden of proof in medical inactive status and reinstatement proceedings. In a proceeding seeking a transfer of an attorney to medical inactive status under §16-19-92, the burden of proof shall rest with the board. In a proceeding seeking an order of reinstatement to active status under §16-19-98, the burden of proof shall rest with […]
Section 16-19-92 – Order transferring attorney to medical inactive status–Pending disciplinary proceedings.
16-19-92. Order transferring attorney to medical inactive status–Pending disciplinary proceedings. If, upon due consideration of the matter, the Supreme Court concludes that the attorney is not competent to continue to practice law because of a medical condition as defined by subdivision 16-19-29(1), it shall enter an order transferring the attorney to medical inactive status until […]