16-16-17.3. Limited circumstances under which conditional admission may be considered.
The Board of Bar Examiners may recommend that an applicant be admitted to the bar conditioned on the applicant's compliance with relevant conditions prescribed by the board. To be eligible for conditional admission an applicant must satisfy all requirements for admission to the bar, possess the requisite good moral character and fitness for admission, and be engaged in a sustained and effective course of treatment for or remediation of one of the following:
(a)Substance abuse or dependence;
(b)A diagnosed mental or physical impairment that, should it reoccur, would likely impair the applicant's ability to practice law or pose a threat to the public; or
(c)Neglect of financial affairs.
Conditional admission may be employed only when an applicant has been engaged in a sustained and effective course of treatment or remediation for a period of time sufficient to demonstrate his or her commitment and progress.
Source: SL 2012, ch 260 (Supreme Court Rule 12-06), eff. July 1, 2012.
Structure South Dakota Codified Laws
Title 16 - Courts and Judiciary
Chapter 16 - Admission Of Attorneys To Practice
Section 16-16-1.1 - Essential eligibility requirements for admission.
Section 16-16-2 - Qualifications of applicants to practice law.
Section 16-16-2.1 - Standard of good moral character.
Section 16-16-2.2 - Good moral character--Quantum and burden of proof.
Section 16-16-2.3 - Good moral character--Relevant conduct.
Section 16-16-2.4 - Use of information.
Section 16-16-2.5 - Adverse recommendation.
Section 16-16-3 - Composition and appointment of board of bar examiners--Terms of office.
Section 16-16-4 - Compensation and expenses of bar examiners and secretary.
Section 16-16-5 - Duty of bar examiners--Rules and regulations.
Section 16-16-6 - Examination required of applicants to practice law--Educational requirements.
Section 16-16-7.2 - Certificates and affidavits filed with application.
Section 16-16-7.3 - Order of admission--Duration.
Section 16-16-7.5 - Extent of practice--Compensation.
Section 16-16-7.7 - Order of admission and duration.
Section 16-16-8 - Application for admission on examination.
Section 16-16-9 - Time and place of examination.
Section 16-16-10 - Subjects covered by examination--Public notice.
Section 16-16-11 - Re-examination after three failures prohibited.
Section 16-16-12.1 - Admission without examination--Eligibility by practice.
Section 16-16-12.2 - Admission without examination--Application requirements.
Section 16-16-12.3 - Attorney licensing when spouse is a member of the armed forces.
Section 16-16-13 - Fees payable with application for admission--Disposition of fees.
Section 16-16-14 - Discrimination on account of sex prohibited.
Section 16-16-16.1 - Review by Supreme Court of Bar Examiners' decision on ADA request.
Section 16-16-17.1 - Conditional admission.
Section 16-16-17.2 - Limited purpose of conditional admission.
Section 16-16-17.3 - Limited circumstances under which conditional admission may be considered.
Section 16-16-17.4 - Report of recommendation to Supreme Court.
Section 16-16-17.5 - Review of conditional admission.
Section 16-16-18 - Oath of attorney--Form and administration.
Section 16-16-19 - Rights and privileges conferred by license to practice law.
Section 16-16-20 - Roll of attorneys maintained by clerk of Supreme Court.
Section 16-16-21 - Reinstatement of inactive attorneys--Persons eligible.
Section 16-16-22 - Application for reinstatement--Fees and charges--Determination of eligibility.
Section 16-16-24 - Notice to State Bar of reinstatement of attorney--Payment of membership fees.