Section 16-19-67 - Findings of fact, conclusions of law, and recommendation of investigating agencyshall constitute a formal accusation. - South Dakota Statutes

16-19-67. Findings of fact, conclusions of law, and recommendation of investigating agency shall constitute a formal accusation. After investigation as provided in this chapter, the investigating agency may file with the Supreme Court, findings of fact, conclusions of law or conclusions pertaining to violations of applicable Rules of Professional Conduct, and a recommendation of disposition. Such filing constitutes a formal accusation against the respondent attorney. A copy of the formal accusation shall be served upon the respondent attorney by either registered or certified mail. Unless otherwise directed by the Supreme Court, the investigating agency shall continue to prosecute the formal proceedings. If the board makes a recommendation of suspension or disbarment, it shall also make a finding as to the qualifications of the accused attorney to act as a legal assistant and make a recommendation as to the restrictions or conditions of employment and supervision if the accused is allowed to act as a legal assistant under §§ 16-18-34.4 to 16-18-34.7, inclusive.

Source: SDC 1939 & Supp 1960, § 32.1218; SDCL, § 16-19-15; Supreme Court Rule 78-1, Rule XX(k); SL 1995, ch 304 (Supreme Court Rule 94-11); Supreme Court Rule 97-32.