DISCIPLINE OF ATTORNEYS
16-19-5 to 16-19-9. Transferred.
16-19-10, 16-19-11. Repealed.
16-19-15 to 16-19-18. Transferred.
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 or settlement.
16-19-47 Processing not to be deferred because of similarity to other pending litigation.
16-19-48 Transfer to medical inactive status for a medical condition.
Resumption of disciplinary proceedings when attorney no longer on medical inactive status. 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
Certified judgment 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
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
Attorney to appear before Supreme Court. 16-19-69
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
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 or administrative proceedings--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.
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 Supreme Court calendar. 16-19-87
Dismissal of petition or order of reinstatement--Conditions imposed on petitioner. 16-19-88
Transfer to medical inactive status of attorney subject to certain judicial determinations or orders. 16-19-89
Petition by board for determination of attorney's competency to practice law--Directions for investigation. 16-19-90
Notice to attorney of medical inactive status proceedings--Representation of attorney. 16-19-91
Burden of proof in medical inactive status and reinstatement proceedings. 16-19-92
Order transferring attorney to medical inactive status--Pending disciplinary proceedings. 16-19-93
Reinstatement order required before attorney on medical inactive status resumes practice. 16-19-94
Petition for reinstatement by attorney on medical inactive status. 16-19-95
Reinstatement of attorney to active status. 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 to practice law. 16-19-98
Order of reinstatement to active status from medical inactive status. 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 A
. Rules of Procedure of the Disciplinary Board of the State Bar of South Dakota.