Section 16-18-2.4 - Consent and approval for appearance by legal intern--Authority for appearance incivil and criminal matters. - South Dakota Statutes

16-18-2.4. Consent and approval for appearance by legal intern--Authority for appearance in civil and criminal matters. A legal intern may appear and participate in any proceeding in any court or before any administrative agency in this state on behalf of any person in the following matters and under the following circumstances:
(1) In any civil matter. In such matters the supervising lawyer shall certify to the court or the administrative agency, orally or in writing, that the client has consented to the appearance of the legal intern. The supervising lawyer is not required to be personally present in court or before the administrative agency if the supervising lawyer certifies to the court or the administrative agency, orally or in writing, that the client consents to his or her absence.
(2) In any criminal or quasi-criminal matter, and whether the defendant does or does not have the right to the assignment of counsel under any constitutional provision, statute, or rule of the Supreme Court of this state or of the United States. In such matters the client shall consent in writing and the supervising lawyer shall approve in writing the appearance by the legal intern and the supervising lawyer shall be personally present throughout the proceedings; provided, however, in matters where the proceedings do not involve a critical stage, the legal intern may appear in the absence of the supervising lawyer and without such written consent and approval if the supervising lawyer certifies to the court, orally or in writing, that the client has consented to such appearance by the legal intern.

Source: Supreme Court Order No. 3, 1969; Supreme Court Rule 75-4, § 3.