2017 Session Laws

CHAPTER 229

SCR 17-06

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 16-19-37 RULE 17-06
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    A hearing was held on January 11, 2017, at Pierre, South Dakota, relating to the amendment of SDCL 16-19-37, and the Court having considered the proposed amendment thereto and being fully advised in the premises, now, therefore, it is

    ORDERED that SDCL 16-19-37 be and it is hereby amended to read in its entirety as follows:

    16-19-37. Suspension from practice on conviction of serious crime--Setting aside order.If any attorney has been convicted of a serious crime as defined in § 16-19-36, the Supreme Court may enter an order immediately suspending the attorney from engaging in the practice of law, pending final disposition of a disciplinary proceeding to be commenced upon such conviction. 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. Upon good cause shown, the Supreme Court may set aside such order suspending the attorney from engaging in the practice of law when it appears in the interest of justice so to do. An order suspending an attorney from the practice of law pursuant to this section is a suspension of the attorney for the purpose of §§ 16-19-74 to 16-19-82, inclusive, unless the Supreme Court shall otherwise order.

    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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