*1 858 language the certificate by the
сonferred say: partnership. We went on to of limited In the Matter of the OF DISCIPLINE partnership limited or not the BLEEKER, “Whether Douglas R. as an the loan becomes a expressly authorized Attorney of Law. (emphasis question.” Id. at 390 factual No. 17137. added). Partnership correctly points As decided on a question that has been Supreme Court of South Dakota. thе law of the appeal former 26, Argued Nov. 1990. the same issue anew or we will not decide 13, Decided March 1991. aftеr remand. appeal Western States Co., Lexington v. Ins. Land & Cattle Co. 429, (S.D.1990); v. 459 N.W.2d Shaffer 251, Inc., 249 N.W.2d
Honeywell, properly The trial court followed
the mandate of our first decision submit
ting question of Madden’s jury. Jury Instructions.
Last, challenges jury Bank in regard authority,
structions to Madden’s Partnership’s negligence claim. When instructions,
reviewing jury we look at all and, they
the instructions as a whole if
provide a full and correct statement of the applicable to the instructiоns Norton,
are not erroneous. v. Frazier 865,
N.W.2d We have ex given by
amined the instructions the trial Bank, proposed by
court well as those jury properly
and conclude that applicable
instructed on the law.
Affirmed.
MILLER, C.J., SABERS, JJ.,
WUEST Justice,
participating. Zieser, Tyndall, Disciplinary
R. James Bd. Davenport, Evans,
Michael J. Schaffer Smith, Falls, respon- Hurwitz & Sioux dent.
BERNDT, Judge. compa- 3. That Bleeker’s trust Circuit ny clients zeroed be and an ac- Complaints Discipli- filed with the were counting be submitted to each client Dakota nary Board of the State of South approval with the client’s written (Board) concerning attorney Douglas R. accounting subsequently the sub- (Bleeker) Bleeker’s affairs Disciplinary mitted tо the Board with the Althen Estate and the Knickrehm copies Supreme to the showing Trust. completed that this matter has bеen Estate, In the Althen Board found that and that the clients are satisfied. keep proper Bleeker failed to records of its Bleeker will not be reinstated until Disciplinary in violation of Rule 6- assets requirement is met. (Failing Competеntly) to Act * prohibited 4. That Bleeker is from act- Responsibility of Professional Code ing as a trustee either inter vivos or (Competence) Rule 1.1 of the South Dakota testamentary or as an executor ex- (SDCL Rules of Professional 16- Conduct cept in a case of his family immediate 18, Appx.); commingled client funds with long practice so as he is licensed to those of his failed own and to the law in South Dakota. funds his client’s safe and identifiable (Pre 5. That Bleeker Disсiplinary pay violation of Rule secure and for an 9-102 accounting annual serving Identity Property regular of Funds and оf his Client) (Fees); and, clients’ trust a and Rule 1.15 was account a certified public accountant with a guilty of constructive fraud as found written re- port County’s Disciplinary Davison submitted to the circuit court violation 1-102(A)(4) (Miscon Board for the Disciplinary years. Rule next five fraud, deceit, involving dishonesty, duct or 6. That acting Bleeker refrain from as a misrepresentation) 8.4(c). and Rule financial or investment advisor ex- cept family within his immediate so Trust, In the Knickrehm Board found long practice as he is licensed to law keep proper that Bleeker failed to records in South Dakota. Disсiplinary of the assets in violation of Rule 6-101 and Rule 1.1. 7. That Discipli- Bleeker reimburse the nary Board for the cost of the due Following the institution of formal disci- process hearing transcript and court plinary proceedings apрointed this court a reporter expenses and the in- the referee who submitted detailed vestigator. suppоrted fact which those of Board. The given That adopted days referee Bleeker be also Board’s reсommenda- Bleeker, up pursuant tions. wind business to SDCL who acceded to Board’s recommendations, 16-19-77. did not take exception to the referee’s recommenda- comply 9. That Bleeker with the notice tions. provisions оf SDCL 16-19-78 to 80. findings, We the referee’s conclu- MILLER, C.J., SABERS, J., and sions and recommendations and order the GROSSHANS, Judge, Circuit following sanctions: suspended 1. That Bleeker be from the HENDERSON, J., specially. concurs practice of law for term of six BERNDT, WUEST, Judge, Circuit for months. J., disqualified. doing any 2. That Bleeker cease invest- GROSSHANS, Judge, ing anyone other than his immedi- Justice, disqualified. family day ate from this forward so AMUNDSON, J., long practice as he is having licensed to been a in South Dakota. at the member of the Court time this aсtion * 15, 1987, court, order, Responsibility On December and its reenactment as the South approved repeal the Code of Professional Dakota Rules of Professional Conduct. Court, weight in partic- Hopp, did not our considеrations. In re submitted
ipate.
Under SDCL
16-19-20,
Court has the inher-
(specially concur-
Justice
supervise
ent
at-
conduct of
ring).
16-19-22,
torneys. Under
SDCL
Su-
*3
preme
Court has the exclusive
agree
Although I
with the ultimate disci-
suspend attorneys.
disbar or
In the Mat-
pline
sрecially
in this
I
concur for the
Willis,
Discipline
ter
identifiable. this Court
adopts findings. these Do not confuse
findings with recommendations. We are
not bound the referee’s recommenda-
tions, however, give great but do them