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CHAPTER 16-19

DISCIPLINE OF ATTORNEYS

16-19-1      Transferred.
16-19-2      Repealed.
16-19-3      Transferred.
16-19-4      Repealed.
16-19-5 to 16-19-9. Transferred.
16-19-10, 16-19-11. Repealed.
16-19-12      Transferred.
16-19-13      Repealed.
16-19-14      Transferred.
16-19-15 to 16-19-18. Transferred.
16-19-19      Repealed.
16-19-20      Inherent power of Supreme Court.
16-19-21      Attorneys subject to discipline by Supreme Court and board.
16-19-22      Supreme Court exclusive power to disbar or suspend attorney.
16-19-23      Powers reserved to other courts to control proceedings.
16-19-24      Disciplinary board of State Bar--Appointment and terms of members--Vacancies.
16-19-25      Chair and vice-chair of the board.
16-19-26      Meetings of the board--Quorum--Vote required for action.
16-19-27      Compensation of members of the board.
16-19-28      Disqualification of board members in particular proceedings--Ad hoc appointments to restore full membership.
16-19-29      Powers and duties of disciplinary board generally.
16-19-30      Complaints and testimony privileged--Board and staff immune from suit.
16-19-31      License to practice law as trust--Duty to conform to standards.
16-19-32      Violations by attorneys as grounds for discipline.
16-19-33      Specific grounds for discipline of attorneys.
16-19-34      Deceit and collusion as grounds for disbarment--Treble damages.
16-19-35      Kinds of discipline authorized.
16-19-35.1      Petition by board for temporary suspension.
16-19-36      Attorney's conviction of crime to be reported to Disciplinary Board.
16-19-37      Suspension from practice on conviction of serious crime--Setting aside order.
16-19-38      Reinstatement of suspended attorney on reversal of conviction--Pending proceedings unaffected.
16-19-39      Reference for formal disciplinary proceedings on conviction of serious crime.
16-19-40      Parties initiating investigations of attorney's conduct.
16-19-41      Reference for investigation and report in proceeding initiated by Supreme Court.
16-19-42      Complaint and reference for investigation and report in proceeding initiated by Attorney General.
16-19-43      Investigation or reference for investigation and report in proceeding initiated by the board.
16-19-44      Individual complaint filed with board or Supreme Court--Reference for investigation and report.
16-19-45      Investigation by board on reference--Report and recommendation filed with Supreme Court.
16-19-46      Proceedings not to be abated for failure to prosecute, settlement or restitution.
16-19-47      Processing not to be deferred because of similarity to other pending litigation.
16-19-48      Transfer to inactive status of respondent pleading disability.


16-19-49      Resumption of disciplinary proceedings when respondent not incapacitated.
16-19-50      Accused attorney to be given opportunity to state position.
16-19-51      Procedure required in investigations by board or attorney general.
16-19-52      Notice to attorney of complaint and allegations.
16-19-53      Methods of investigation to be used--Informal conference.
16-19-54      Attorney's duty to respond to board.
16-19-55      Subpoena power of board and Attorney General--Disobedience as contempt.
16-19-56      Repealed.
16-19-57      Repealed.
16-19-58      Certificate of conviction as evidence against attorney.
16-19-59      Dismissal of complaint on finding not meritorious.
16-19-60      Conditions imposed on attorney on finding of meritorious complaint--Dismissal on compliance.
16-19-61      Notice to attorney of report and proposal for private reprimand.
16-19-62      Response by attorney to proposal for private reprimand--Report and findings by board.
16-19-63      Repealed.
16-19-64      Provisions governing formal disciplinary proceedings.
16-19-65      Consent by attorney to disbarment--Contents of affidavit.
16-19-66      Disbarment by consent--Public disclosure of order.
16-19-67      Findings of fact, conclusions of law, and recommendation of investigating agency shall constitute a formal accusation.
16-19-68      Repealed.
16-19-68.1      Accused attorney to appear before Supreme Court.
16-19-69      Repealed.
16-19-70      Repealed.
16-19-70.1      Costs and expenses of disciplinary proceedings.
16-19-70.2      Allowable costs and expenses.
16-19-70.3      Proof of costs and expenses required.
16-19-70.4      Judgment for costs against attorney.
16-19-71      Advice to Supreme Court of discipline in another jurisdiction--Copy of order filed--Conclusive evidence of misconduct.
16-19-72      Notice to attorney of disciplinary order from other jurisdiction.
16-19-73      Repealed.
16-19-74      Imposition of identical reciprocal discipline--Grounds for other disposition.
16-19-75      Newspaper publication of suspension or disbarment.
16-19-76      Notice to courts of suspension or disbarment--Order for protection of clients.
16-19-77      Effective date of suspension or disbarment--New matters not to be accepted--Winding up of pending business.
16-19-78      Notice to office clients of disbarment or suspension.
16-19-79      Notice to opposing counsel and clients involved in litigation of disbarment or suspension--Leave of court or agency to withdraw.
16-19-80      Affidavit of compliance filed by disbarred or suspended attorney.
16-19-81      Record of compliance maintained by disbarred or suspended attorney--Condition precedent to reinstatement.
16-19-82      Noncompliance by attorney as contempt.
16-19-83      Reinstatement order required before resumption of practice--Time of application--Waiting period after denial of reinstatement.
16-19-84      Petition and hearing on reinstatement--Advance cost deposit--Burden of proof.
16-19-85      Participation by board counsel in hearing on reinstatement--Appearance by and examination of petitioner.
16-19-86      Board findings and recommendation on reinstatement--Placement on court calendar.
16-19-87      Dismissal of petition or order of reinstatement--Conditions imposed on petitioner.
16-19-88      Transfer to disability status of attorney judicially found incompetent.
16-19-89      Petition by board for determination of impairment of attorney--Directions for investigation.
16-19-90      Notice to respondent of disability proceedings--Representation of respondent.
16-19-91      Burden of proof in disability and reinstatement proceedings.
16-19-92      Order transferring disabled attorney to inactive status--Pending disciplinary proceedings.
16-19-93      Reinstatement order required before disabled attorney resumes practice.
16-19-94      Petition for reinstatement by attorney in disability inactive status.
16-19-95      Reinstatement of disabled attorney on judicial declaration of competency.
16-19-96      Waiver of physician-patient privilege by petition for reinstatement of disabled attorney--Disclosure of names by petitioner.
16-19-97      Examination of petitioner for reinstatement--Expense of examination--Additional proof of competence required.
16-19-98      Order of reinstatement on removal of disability.
16-19-99      Attorney discipline--Proceedings confidential--Violation as contempt--Exceptions.
16-19-100      Retention of files and records of disbarred, suspended, or reinstated attorney.
APPENDIX TO CHAPTER 16-19.      RULES OF PROCEDURE OF THE DISCIPLINARY BOARD OF THE STATE BAR OF SOUTH DAKOTA.


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