16-19-33. Specific grounds for discipline of attorneys.
The following shall similarly constitute misconduct and shall be grounds for discipline:
(1)Conviction of a crime as set forth in §16-19-36;
(2)Disobedience to, or violation of an order of the court requiring the attorney to act or refrain from acting in a particular manner;
(3)Violation of any of the duties of an attorney as prescribed in chapter 16-18;
(4)Conviction of any of the offenses relating to attorneys set out in chapter 16-18;
(5)Violation of the provisions of §16-17-10;
(6)Engaging or attempting to engage in the practice of law in this state, while not being an active member of the State Bar in good standing;
(7)Violation of the prohibitions of §16-18-29;
(8)Violation of §16-18-20.1 or 16-18-20.2;
(9)Violation of §§16-18-34 to 16-18-34.5, inclusive, by a supervising attorney or by a legal assistant under the attorney's supervision.
(10)Violation of the applicable provisions of the South Dakota Code of Judicial Conduct, appendix to chapter 16-2.
Source: SDC 1939 & Supp 1960, §32.1209; SDCL §16-9-2; Supreme Court Rule 78-1, Rule II (c); Supreme Court Rule 82-6; Supreme Court Rule 97-27; SL 2016, ch 246 (Supreme Court Rule 16-18), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.
Structure South Dakota Codified Laws
Title 16 - Courts and Judiciary
Chapter 19 - Discipline Of Attorneys
Section 16-19-20 - Inherent power of Supreme Court.
Section 16-19-21 - Attorneys subject to discipline by Supreme Court and board.
Section 16-19-22 - Supreme Court exclusive power to disbar or suspend attorney.
Section 16-19-24 - Disciplinary board of State Bar--Appointment and terms of members--Vacancies.
Section 16-19-25 - Chair and vice-chair of the board.
Section 16-19-26 - Meetings of the board--Quorum--Vote required for action.
Section 16-19-27 - Compensation of members of the board.
Section 16-19-29 - Powers and duties of disciplinary board generally.
Section 16-19-30 - Complaints and testimony privileged--Board and staff immune from suit.
Section 16-19-31 - License to practice law as trust--Duty to conform to standards.
Section 16-19-32 - Violations by attorneys as grounds for discipline.
Section 16-19-33 - Specific grounds for discipline of attorneys.
Section 16-19-34 - Deceit and collusion as grounds for disbarment--Treble damages.
Section 16-19-35 - Kinds of discipline authorized.
Section 16-19-35.1 - Petition by board for temporary suspension.
Section 16-19-36 - Attorney's conviction of crime to be reported to disciplinary board.
Section 16-19-37 - Suspension from practice on conviction of serious crime--Setting aside order.
Section 16-19-39 - Reference for formal disciplinary proceedings on conviction of serious crime.
Section 16-19-40 - Parties initiating investigations of attorney's conduct.
Section 16-19-41 - Reference for investigation and report in proceeding initiated by Supreme Court.
Section 16-19-46 - Proceedings not to be abated for failure to prosecute or settlement.
Section 16-19-47 - Processing not to be deferred because of similarity to other pending litigation.
Section 16-19-48 - Transfer to medical inactive status for a medical condition.
Section 16-19-50 - Accused attorney to be given opportunity to state position.
Section 16-19-51 - Procedure required in investigations by board or attorney general.
Section 16-19-52 - Notice to attorney of complaint and allegations.
Section 16-19-53 - Methods of investigation to be used--Informal conference.
Section 16-19-54 - Attorney's duty to respond to board.
Section 16-19-55 - Subpoena power of board and attorney general--Disobedience as contempt.
Section 16-19-58 - Certified judgment of conviction as evidence against attorney.
Section 16-19-59 - Dismissal of complaint on finding not meritorious.
Section 16-19-61 - Notice to attorney of report and proposal for private reprimand.
Section 16-19-64 - Provisions governing formal disciplinary proceedings.
Section 16-19-65 - Consent by attorney to disbarment--Contents of affidavit.
Section 16-19-66 - Disbarment by consent--Public disclosure of order.
Section 16-19-68.1 - Attorney to appear before Supreme Court.
Section 16-19-70.1 - Costs and expenses of disciplinary proceedings.
Section 16-19-70.2 - Allowable costs and expenses.
Section 16-19-70.3 - Proof of costs and expenses required.
Section 16-19-70.4 - Judgment for costs against attorney.
Section 16-19-72 - Notice to attorney of disciplinary order from other jurisdiction.
Section 16-19-74 - Imposition of identical reciprocal discipline--Grounds for other disposition.
Section 16-19-75 - Newspaper publication of suspension or disbarment.
Section 16-19-76 - Notice to courts of suspension or disbarment--Order for protection of clients.
Section 16-19-78 - Notice to office clients of disbarment or suspension.
Section 16-19-80 - Affidavit of compliance filed by disbarred or suspended attorney.
Section 16-19-82 - Noncompliance by attorney as contempt.
Section 16-19-84 - Petition and hearing on reinstatement--Advance cost deposit--Burden of proof.
Section 16-19-91 - Burden of proof in medical inactive status and reinstatement proceedings.
Section 16-19-94 - Petition for reinstatement by attorney on medical inactive status.
Section 16-19-95 - Reinstatement of attorney to active status.
Section 16-19-98 - Order of reinstatement to active status from medical inactive status.
Section 16-19-99 - Attorney discipline--Proceedings confidential--Violation as contempt--Exceptions.
Section 16-19-100 - Retention of files and records of disbarred, suspended, or reinstated attorney.
Appendix A - Rules of Procedure of the Disciplinary Board of the State Bar of South Dakota.