16-19-38. Reinstatement of suspended attorney on reversal of conviction–Pending proceedings unaffected. An attorney suspended under the provisions of §16-19-37 will be reinstated immediately upon the filing of a certified document demonstrating that the underlying conviction of a serious crime has been reversed. The reinstatement will not terminate any disciplinary proceeding then pending against the attorney. […]
16-19-39. Reference for formal disciplinary proceedings on conviction of serious crime. Upon the receipt of notice of conviction of an attorney for a serious crime, the Supreme Court shall also refer the matter to the board for the institution of a formal proceeding in which the sole issue to be determined shall be the extent […]
16-19-40. Parties initiating investigations of attorney’s conduct. An investigation of an attorney’s conduct as possible grounds for discipline may be initiated by: (1)The Supreme Court; (2)The board; (3)The Attorney General; or (4)An individual. Source: SL 1901, ch 60, §9; RPolC 1903, §693; SL 1911, ch 85, §§1, 2; RC 1919, §5274; Supreme Court Rule 20, […]
16-19-41. Reference for investigation and report in proceeding initiated by Supreme Court. If the investigation of an attorney’s conduct is initiated by the Supreme Court the matter shall be referred to the board for an investigation and report as provided in this chapter. Source: SL 1911, ch 85, §1; RC 1919, §5274; Supreme Court Rule […]
16-19-42. Complaint and reference for investigation and report in proceeding initiated by attorney general. If the investigation of an attorney’s conduct is initiated by the attorney general, the attorney general shall file a written complaint with the Supreme Court. The Supreme Court shall refer the matter to the board for an investigation and report pursuant […]
16-19-43. Investigation or reference for investigation and report in proceeding initiated by the board. If the investigation of an attorney’s conduct is initiated by the board, it may proceed to conduct an investigation pursuant to §§16-19-50 to 16-19-64, inclusive. Source: Supreme Court Rule 23, 1939; SDC 1939 & Supp 1960, §32.1215; SDCL §16-19-8; Supreme Court […]
16-19-44. Individual complaint filed with board or Supreme Court–Reference for investigation and report. (A) An individual may initiate an investigation of an attorney’s conduct by filing a written and signed complaint with the board secretary in such form as the board may prescribe. The complaint must allege facts. Conclusions, opinions, and suppositions shall not be […]
16-19-45. Investigation by board on reference–Report and recommendation filed with Supreme Court. When an investigation of an attorney’s conduct has been referred to the board for investigation, the board shall proceed to make a thorough investigation as provided in this chapter and file a report and recommendation with the Supreme Court. Source: SL 1911, ch […]
16-19-46. Proceedings not to be abated for failure to prosecute or settlement. Failure of a complainant to sign a complaint or to prosecute a charge, or the settlement or compromise between the complainant and the attorney, shall not justify abatement of the processing of any complaint. Source: Sup. Ct. Disc. Rules Aug. 28, 1974, §2; […]
16-19-47. Processing not to be deferred because of similarity to other pending litigation. Processing of complaints shall not be deferred or abated because of substantial similarity to the material allegations of pending criminal or civil litigation, unless authorized by the board in its discretion. Source: Supreme Court Rule 78-1, Rule VIII.
16-19-48. Transfer to medical inactive status for a medical condition. If, during the course of a disciplinary investigation or proceeding, the attorney claims to be unable to assist in the attorney’s defense to a disciplinary complaint because of a medical condition, the Supreme Court shall enter an order immediately transferring the attorney to medical inactive […]
16-19-49. Resumption of disciplinary proceedings when attorney no longer on medical inactive status. If the Supreme Court determines that an attorney described by §16-19-48 is able to assist in the attorney’s defense to a disciplinary complaint, it shall take such action as it deems necessary including a direction for the resumption of the disciplinary proceeding […]
16-19-50. Accused attorney to be given opportunity to state position. Except in matters dismissed in accordance with paragraph 16-19-44(A)(1), no disposition shall be undertaken by the board or recommendation made by the attorney general until the attorney shall have been afforded a reasonable opportunity to state the attorney’s position with respect to the allegations. Source: […]
16-19-51. Procedure required in investigations by board or attorney general. Investigations by the board or by the attorney general shall be conducted as provided by §§16-19-52 to 16-19-62, inclusive. Source: Supreme Court Rule 78-1, Rule V (a); SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
16-19-52. Notice to attorney of complaint and allegations. In an investigation by the board or by the Attorney General, notification shall be given to the attorney that a complaint has been made and the nature of the allegations of misconduct. Source: Supreme Court Rule 78-1, Rule V (a) (1); SL 2016, ch 246 (Supreme Court […]
16-19-53. Methods of investigation to be used–Informal conference. An investigation by the board or by the attorney general may entail inquiries by mail, consultation with the attorney, taking sworn statements or depositions, and investigation by the board’s counsel or the attorney general’s staff. Source: Supreme Court Rule 78-1, Rule V (a) (2); SL 2016, ch […]
16-19-54. Attorney’s duty to respond to board. Every attorney shall promptly and appropriately respond to any complaint, letter, or inquiry provided by any member of the board. In the event of failure to respond an attorney is subject to private reprimand by the board, or, after hearing on recommendation of the board, to discipline by […]
16-19-55. Subpoena power of board and attorney general–Disobedience as contempt. A member of the board, its counsel or the attorney general may issue a subpoena requiring any witness to attend at any place within the state and requiring such witness to produce pertinent books, papers, and documents, including client files and records of client funds, […]
16-19-58. Certified judgment of conviction as evidence against attorney. A certified judgment of conviction of an attorney for any crime shall be conclusive evidence of the commission of that crime in any disciplinary proceeding based upon the conviction. Source: Sup. Ct. Disc. Rules Aug. 28, 1974, §5 (c); SDCL Supp, 16-19 Appx.; Supreme Court Rule […]
16-19-59. Dismissal of complaint on finding not meritorious. If the board determines after an investigation that the complaint is not meritorious, it shall dismiss the complaint and notify the complainant, the attorney, and such other persons as the board may deem appropriate. If the attorney general determines after an investigation that the complaint is not […]
