16-19-70.3. Proof of costs and expenses required.
An assessment for costs and expenses against an attorney requires the following proof:
(a)State Bar of South Dakota. A sworn statement of unreimbursed allowable costs filed with the clerk of the Supreme Court by the State Bar prior to issuance of a final judgment.
(b)Attorney General and Unified Judicial System. Copies of approved expense vouchers for reimbursement of allowable costs and expenses associated with the disciplinary proceeding filed with the clerk of the Supreme Court by the attorney general or the finance office of the Unified Judicial System prior to issuance of a final judgment.
Source: SL 1990, ch 441 (Supreme Court Rule 89-23); 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.