16-17A-1. Definitions.
Terms used in this chapter mean:
(1)"Impaired," a deficit in cognitive ability to act in compliance with the Rules of Professional Conduct, the Code of Judicial Conduct, and any other standards required of practicing attorneys and judges, because of an addiction to alcohol, drugs, gambling, or any other medical condition;
(2)"Confidential information," any information, regardless of the form in which it is transmitted or stored, communicated to the State Bar, the Supreme Court, or the Unified Judicial System, for the sole purpose of assisting a lawyer or judge, who is impaired or suspected of being impaired, in obtaining medical or therapeutic treatment for the impairment or other related support services. The term does not include any information in the public record prior to the communication.
Source: SL 2021, ch 88, ยง 1.
Structure South Dakota Codified Laws
Title 16 - Courts and Judiciary
Chapter 17A - Assistance To Impaired Lawyers And Judges
Section 16-17A-1 - Definitions.
Section 16-17A-2 - Immunity for assistance--Exclusions.
Section 16-17A-3 - Immunity for reporting--Exclusions.
Section 16-17A-4 - Confidential information--Source--Limited disclosure--Limited use.