2017 Session Laws

CHAPTER 228

SCR 17-05

SUPREME COURT RULES AND ORDERS


IN THE SUPREME COURT

OF THE

STATE OF SOUTH DAKOTA

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IN THE MATTER OF THE AMENDMENT
OF SDCL 16-19-36 RULE 17-05
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    A hearing was held on January 11, 2017, at Pierre, South Dakota, relating to the amendment of SDCL 16-19-36, and the Court having considered the proposed amendment thereto and being fully advised in the premises, now, therefore, it is

    ORDERED that SDCL 16-19-36 be and it is hereby amended to read in its entirety as follows:

    16-19-36. Attorney's conviction of serious crime to be reported to Supreme Court--Definition of serious crime Disciplinary Board.Any attorney and the clerk of any court in this state in which an attorney is convicted of a serious crime, except those misdemeanor traffic offenses or traffic ordinance violations not involving the use of alcohol or drugs, shall within ten days of said conviction transmit a certificate thereof to the Disciplinary Board. If such certificate is for conviction of a serious crime as defined in ยง 16-19-37, the board shall promptly transmit the same to the Supreme Court. The term "serious crime" includes any felony and any lesser crime a necessary element of which, as determined by the statutory or common law definition of such crime, involves improper conduct as an attorney, interference with the administration of justice, false swearing, misrepresentation, fraud, willful failure to file income tax returns, deceit, bribery, extortion, misappropriation, theft, or an attempt or a conspiracy or solicitation of another to commit a serious crime.

    IT IS FURTHER ORDERED that this rule shall become effective immediately.

    DATED at Pierre, South Dakota, this 19th day of January, 2017.

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