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South Dakota Codified Laws
Title 16
Chapter 16-19
S.D. Codified Laws ch. 16-19
Discipline of Attorneys
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16-19-1
Transferred
Repealed
16-19-2
Repealed
Repealed
16-19-3
Transferred
Repealed
16-19-4
Repealed
Repealed
16-19-5
16-19-5 to 16-19-9. Transferred to §§ 16-19-40 to 16-19-44.
16-19-10
16-19-10, 16-19-11. Repealed by Supreme Court Rule 78-1, Rule XX(b).
16-19-12
Transferred
Repealed
16-19-13
Repealed
Repealed
16-19-14
Transferred
Repealed
16-19-15
16-19-15 to 16-19-18. Transferred to §§ 16-19-67 to 16-19-70.
16-19-19
Repealed
Repealed
16-19-20
Inherent power of Supreme Court.
16-19-21
Attorneys subject to discipline by Supreme Court and board.
16-19-22
Supreme Court exclusive power to disbar or suspend attorney.
16-19-23
Powers reserved to other courts to control proceedings.
16-19-24
Disciplinary board of State Bar--Appointment and terms of members--Vacancies.
16-19-25
Chair and vice-chair of the board.
16-19-26
Meetings of the board--Quorum--Vote required for action.
16-19-27
Compensation of members of the board.
16-19-28
Disqualification of board members in particular proceedings--Ad hoc appointments to restore full membership.
16-19-29
Powers and duties of disciplinary board generally.
16-19-30
Complaints and testimony privileged--Board and staff immune from suit.
16-19-31
License to practice law as trust--Duty to conform to standards.
16-19-32
Violations by attorneys as grounds for discipline.
16-19-33
Specific grounds for discipline of attorneys.
16-19-34
Deceit and collusion as grounds for disbarment--Treble damages.
16-19-35
Kinds of discipline authorized.
16-19-35.1
Petition by board for temporary suspension.
16-19-36
Attorney's conviction of crime to be reported to disciplinary board.
16-19-37
Suspension from practice on conviction of serious crime--Setting aside order.
16-19-38
Reinstatement of suspended attorney on reversal of conviction--Pending proceedings unaffected.
16-19-39
Reference for formal disciplinary proceedings on conviction of serious crime.
16-19-40
Parties initiating investigations of attorney's conduct.
16-19-41
Reference for investigation and report in proceeding initiated by Supreme Court.
16-19-42
Complaint and reference for investigation and report in proceeding initiated by attorney general.
16-19-43
Investigation or reference for investigation and report in proceeding initiated by the board.
16-19-44
Individual complaint filed with board or Supreme Court--Reference for investigation and report.
16-19-45
Investigation by board on reference--Report and recommendation filed with Supreme Court.
16-19-46
Proceedings not to be abated for failure to prosecute or settlement.
16-19-47
Processing not to be deferred because of similarity to other pending litigation.
16-19-48
Transfer to medical inactive status for a medical condition.
16-19-49
Resumption of disciplinary proceedings when attorney no longer on medical inactive status.
16-19-50
Accused attorney to be given opportunity to state position.
16-19-51
Procedure required in investigations by board or attorney general.
16-19-52
Notice to attorney of complaint and allegations.
16-19-53
Methods of investigation to be used--Informal conference.
16-19-54
Attorney's duty to respond to board.
16-19-55
Subpoena power of board and attorney general--Disobedience as contempt.
16-19-56
Repealed
Repealed
16-19-57
Repealed
Repealed
16-19-58
Certified judgment of conviction as evidence against attorney.
16-19-59
Dismissal of complaint on finding not meritorious.
16-19-60
Conditions imposed on attorney on finding of meritorious complaint--Dismissal on compliance.
16-19-61
Notice to attorney of report and proposal for private reprimand.
16-19-62
Response by attorney to proposal for private reprimand--Report and findings by board.
16-19-63
Repealed
Repealed
16-19-64
Provisions governing formal disciplinary proceedings.
16-19-65
Consent by attorney to disbarment--Contents of affidavit.
16-19-66
Disbarment by consent--Public disclosure of order.
16-19-67
Findings of fact, conclusions of law, and recommendation of investigating agency shall constitute a formal accusation.
16-19-68
Repealed
Repealed
16-19-68.1
Attorney to appear before Supreme Court.
16-19-69
Repealed
Repealed
16-19-70
Repealed
Repealed
16-19-70.1
Costs and expenses of disciplinary proceedings.
16-19-70.2
Allowable costs and expenses.
16-19-70.3
Proof of costs and expenses required.
16-19-70.4
Judgment for costs against attorney.
16-19-71
Advice to Supreme Court of discipline in another jurisdiction--Copy of order filed--Conclusive evidence of misconduct.
16-19-72
Notice to attorney of disciplinary order from other jurisdiction.
16-19-73
Repealed
Repealed
16-19-74
Imposition of identical reciprocal discipline--Grounds for other disposition.
16-19-75
Newspaper publication of suspension or disbarment.
16-19-76
Notice to courts of suspension or disbarment--Order for protection of clients.
16-19-77
Effective date of suspension or disbarment--New matters not to be accepted--Winding up of pending business.
16-19-78
Notice to office clients of disbarment or suspension.
16-19-79
Notice to opposing counsel and clients involved in litigation or administrative proceedings--Leave of court or agency to withdraw.
16-19-80
Affidavit of compliance filed by disbarred or suspended attorney.
16-19-81
Record of compliance maintained by disbarred or suspended attorney--Condition precedent to reinstatement.
16-19-82
Noncompliance by attorney as contempt.
16-19-83
Reinstatement order required before resumption of practice--Time of application--Waiting period after denial of reinstatement.
16-19-84
Petition and hearing on reinstatement--Advance cost deposit--Burden of proof.
16-19-85
Participation by board counsel in hearing on reinstatement--Appearance by and examination of petitioner.
16-19-86
Board findings and recommendation on reinstatement--Placement on Supreme Court calendar.
16-19-87
Dismissal of petition or order of reinstatement--Conditions imposed on petitioner.
16-19-88
Transfer to medical inactive status of attorney subject to certain judicial determinations or orders.
16-19-89
Petition by board for determination of attorney's competency to practice law--Directions for investigation.
16-19-90
Notice to attorney of medical inactive status proceedings--Representation of attorney.
16-19-91
Burden of proof in medical inactive status and reinstatement proceedings.
16-19-92
Order transferring attorney to medical inactive status--Pending disciplinary proceedings.
16-19-93
Reinstatement order required before attorney on medical inactive status resumes practice.
16-19-94
Petition for reinstatement by attorney on medical inactive status.
16-19-95
Reinstatement of attorney to active status.
16-19-96
Waiver of physician-patient privilege by petition for reinstatement of attorney--Disclosure of names by petitioner.
16-19-97
Examination of petitioner for reinstatement--Expense of examination--Additional proof of competence to practice law.
16-19-98
Order of reinstatement to active status from medical inactive status.
16-19-99
Attorney discipline--Proceedings confidential--Violation as contempt--Exceptions.
16-19-100
Retention of files and records of disbarred, suspended, or reinstated attorney.