South Dakota Codified Laws
Chapter 19 - Discipline Of Attorneys
Section 16-19-45 - Investigation by board on reference--Report and recommendation filed with Supreme Court.

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 16-19-28 - Disqualification of board members in particular proceedings--Ad hoc appointments to restore full membership.

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 16-19-38 - Reinstatement of suspended attorney on reversal of conviction--Pending proceedings unaffected.

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 16-19-42 - Complaint and reference for investigation and report in proceeding initiated by attorney general.

Section 16-19-43 - Investigation or reference for investigation and report in proceeding initiated by the board.

Section 16-19-44 - Individual complaint filed with board or Supreme Court--Reference for investigation and report.

Section 16-19-45 - Investigation by board on reference--Report and recommendation filed with 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 16-19-49 - Resumption of disciplinary proceedings when attorney no longer on medical inactive status.

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 16-19-60 - Conditions imposed on attorney on finding of meritorious complaint--Dismissal on compliance.

Section 16-19-61 - Notice to attorney of report and proposal for private reprimand.

Section 16-19-62 - Response by attorney to proposal for private reprimand--Report and findings by board.

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 16-19-67 - Findings of fact, conclusions of law, and recommendation of investigating agency shall constitute a formal accusation.

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 16-19-71 - Advice to Supreme Court of discipline in another jurisdiction--Copy of order filed--Conclusive evidence of misconduct.

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 16-19-77 - Effective date of suspension or disbarment--New matters not to be accepted--Winding up of pending business.

Section 16-19-78 - Notice to office clients of disbarment or suspension.

Section 16-19-79 - Notice to opposing counsel and clients involved in litigation or administrative proceedings--Leave of court or agency to withdraw.

Section 16-19-80 - Affidavit of compliance filed by disbarred or suspended attorney.

Section 16-19-81 - Record of compliance maintained by disbarred or suspended attorney--Condition precedent to reinstatement.

Section 16-19-82 - Noncompliance by attorney as contempt.

Section 16-19-83 - Reinstatement order required before resumption of practice--Time of application--Waiting period after denial of reinstatement.

Section 16-19-84 - Petition and hearing on reinstatement--Advance cost deposit--Burden of proof.

Section 16-19-85 - Participation by board counsel in hearing on reinstatement--Appearance by and examination of petitioner.

Section 16-19-86 - Board findings and recommendation on reinstatement--Placement on Supreme Court calendar.

Section 16-19-87 - Dismissal of petition or order of reinstatement--Conditions imposed on petitioner.

Section 16-19-88 - Transfer to medical inactive status of attorney subject to certain judicial determinations or orders.

Section 16-19-89 - Petition by board for determination of attorney's competency to practice law--Directions for investigation.

Section 16-19-90 - Notice to attorney of medical inactive status proceedings--Representation of attorney.

Section 16-19-91 - Burden of proof in medical inactive status and reinstatement proceedings.

Section 16-19-92 - Order transferring attorney to medical inactive status--Pending disciplinary proceedings.

Section 16-19-93 - Reinstatement order required before attorney on medical inactive status resumes practice.

Section 16-19-94 - Petition for reinstatement by attorney on medical inactive status.

Section 16-19-95 - Reinstatement of attorney to active status.

Section 16-19-96 - Waiver of physician-patient privilege by petition for reinstatement of disabled attorney--Disclosure of names by petitioner.

Section 16-19-97 - Examination of petitioner for reinstatement--Expense of examination--Additional proof of competence to practice law.

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.