STATE STATUTES & CODES

SOUTH DAKOTA STATUTES AND CODES

Chapter 19 - Discipline Of Attorneys

• Section 16-19-1 - Transferred.
• Section 16-19-2 - Repealed.
• Section 16-19-3 - Transferred.
• Section 16-19-4 - Repealed.
• Sections 16-19-5 to 16-19-9 - Transferred
• Sections 16-19-10, 16-19-11 - Repealed
• Section 16-19-12 - Transferred.
• Section 16-19-13 - Repealed.
• Section 16-19-14 - Transferred.
• Sections 16-19-15 to 16-19-18 - Transferred
• Section 16-19-19 - Repealed.
• 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 16-19-23 - Powers reserved to other courts to control proceedings.
• Section 16-19-24 - Disciplinary board of State Bar--Appointment and terms of members--Vacancies.
• Section 16-19-25 - Chairman and vice-chairman of disciplinary board.
• Section 16-19-26 - Meetings of disciplinary board--Quorum--Vote required for action.
• Section 16-19-27 - Compensation of members of disciplinary board.
• Section 16-19-28 - Disqualification of board members in particular proceedings--Ad hoc appointmentsto 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 serious crime to be reported to Supreme Court--Definitionof serious crime.
• 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 proceedingsunaffected.
• 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 byattorney general.
• Section 16-19-43 - Investigation or reference for investigation and report in proceeding initiated bydisciplinary board.
• Section 16-19-44 - Individual complaint filed with board or Supreme Court--Reference for investigationand report.
• Section 16-19-45 - Investigation by board or attorney general on reference--Report and recommendationfiled with Supreme Court.
• Section 16-19-46 - Proceedings not to be abated for failure to prosecute, settlement or restitution.
• Sections 16-19-47, 16-19-48 - Processing not to be deferred because of similarity to other pending litigation. Transfer to inactive status of respondent pleading disability
• Section 16-19-49 - Resumption of disciplinary proceedings when respondent not incapacitated.
• 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 disciplinary board.
• Section 16-19-55 - Subpoena power of board and attorney general--Disobedience as contempt.
• Section 16-19-56 - Subpoena of attorney's record of client funds.
• Section 16-19-57 - Repealed.
• Section 16-19-58 - Certificate 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 oncompliance.
• 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 byboard.
• Section 16-19-63 - Demand by attorney for formal proceedings in lieu of 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 16-19-67 - Findings of fact, conclusions of law, and recommendation of investigating agencyshall constitute a formal accusation.
• Section 16-19-68 - Answer by attorney to formal accusation--Reference to receive evidence andrecommend disposition--Judgment on admission by attorney.
• Section 16-19-68.1 - Accused attorney to appear before Supreme Court.
• Section 16-19-69 - Repealed.
• Section 16-19-70 - Repealed.
• 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 16-19-73 - Stay of reciprocal discipline on stay in 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 of disbarment orsuspension--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--Conditionprecedent to reinstatement.
• Section 16-19-82 - Noncompliance by attorney as contempt.
• Sections 16-19-83, 16-19-84 - Reinstatement order required before resumption of practice--Time of application--Waiting period after denial of reinstatement. Petition and hearing on reinstatement--Adva
• Section 16-19-85 - Participation by board counsel in hearing on reinstatement--Appearance by andexamination of petitioner.
• Section 16-19-86 - Board findings and recommendation on reinstatement--Placement on Court calendar.
• Section 16-19-87 - Dismissal of petition or order of reinstatement--Conditions imposed on petitioner.
• Section 16-19-88 - Transfer to disability status of attorney judicially found incompetent.
• Section 16-19-89 - Petition by board for determination of impairment of attorney--Directions forinvestigation.
• Section 16-19-90 - Notice to respondent of disability proceedings--Representation of respondent.
• Section 16-19-91 - Burden of proof in disability and reinstatement proceedings.
• Section 16-19-92 - Order transferring disabled attorney to inactive status--Pending disciplinaryproceedings.
• Section 16-19-93 - Reinstatement order required before disabled attorney resumes practice.
• Section 16-19-94 - Petition for reinstatement by attorney in disability inactive status.
• Section 16-19-95 - Reinstatement of disabled attorney on judicial declaration of competency.
• Section 16-19-96 - Waiver of physician-patient privilege by petition for reinstatement of disabledattorney--Disclosure of names by petitioner.
• Section 16-19-97 - Examination of petitioner for reinstatement--Expense of examination--Additionalproof of competence required.
• Section 16-19-98 - Order of reinstatement on removal of disability.
• 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.