16-23-1      Attorney recruitment assistance program established.
16-23-2      Application to participate--Assessment .
16-23-2.1      County eligibility to participate.
16-23-2.2      Municipality eligibility to participate.
16-23-3      Considerations for selection of participating counties and municipalities.
16-23-4      Attorney eligibility to participate.
16-23-5      Incentive payment to participating attorneys.
16-23-6      Agreement for payment of recruitment assistance--Repayment upon breach.
16-23-7      County and municipality funding.
16-23-8      Filing and approval of recruitment assistance agreement.
16-23-9      Ineligibility for participation in other program.
16-23-10      Annual report on status of program.
16-23-11      Payments from State Bar of South Dakota.

16-23-1. Attorney recruitment assistance program established.

The Unified Judicial System may establish a program to assist rural counties and municipalities in recruiting attorneys.

Source: SL 2013, ch 102, § 1; SL 2017, ch 93, § 1.

16-23-2. Application to participate--Assessment.

Each interested county or municipality shall apply to the Unified Judicial System. Before making a determination of eligibility, the Unified Judicial System shall conduct a county or municipality assessment designed to evaluate the county or municipality's need for an attorney and its ability to sustain and support an attorney. The Unified Judicial System shall maintain a list of counties and municipalities that have been assessed and are eligible for participation in the recruitment assistance program established by this chapter. The Unified Judicial System may revise any county or municipality assessment or conduct a new assessment as necessary to reflect any change in conditions within a county or municipality.

Source: SL 2013, ch 102, § 2; SL 2017, ch 93, § 2.

16-23-2.1. County eligibility to participate.

A county is eligible to participate in the recruitment assistance program if the county:

(1)    Has a population of ten thousand persons or less;

(2)    Agrees to provide the county's portion of the incentive payment pursuant to the provisions of this chapter; and

(3)    Is determined to be eligible by the Unified Judicial System.

Source: SL 2017, ch 93, § 3.

16-23-2.2. Municipality eligibility to participate.

A municipality is eligible to participate in the recruitment assistance program if the municipality:

(1)    Has a population of three thousand five hundred persons or less;

(2)    Agrees to provide the municipality's portion of the incentive payment pursuant to the provisions of this chapter; and

(3)    Is determined to be eligible by the Unified Judicial System.

Source: SL 2017, ch 93, § 4.

16-23-3. Considerations for selection of participating counties and municipalities.

In making the selection of the participating counties and municipalities, the Unified Judicial System shall consider:

(1)    The demographics of the county or municipality;

(2)    The age and number of the current membership of the county or municipality bar;

(3)    The recommendation of the presiding circuit judge;

(4)    The programs of economic development within the county or municipality;

(5)    The geographical location compared to other counties or municipalities receiving assistance;

(6)    The evaluation of the attorney seeking assistance under the program;

(7)    Any existing or previous ties of the applicant to the county or municipality; and

(8)    Any prior participation by the county or municipality in the program.

Source: SL 2013, ch 102, § 3; SL 2017, ch 93, § 5.

16-23-4. Attorney eligibility to participate.

Any attorney licensed to practice in South Dakota may participate in the recruitment assistance program established under § 16-23-1. A participating attorney shall agree to practice in an eligible rural county or municipality for at least five years. No more than thirty-two attorneys may participate in the program at any time.

Source: SL 2013, ch 102, § 4; SL 2015, ch 121, § 2; SL 2017, ch 93, § 6; SL 2019, ch 99, § 1.

16-23-5. Incentive payment to participating attorneys.

Any attorney who fulfills the requirements of the recruitment assistance program established pursuant to this chapter, is entitled to receive an incentive payment in five equal annual installments, each in an amount equal to ninety percent of the University of South Dakota School of Law resident tuition and fees as determined on July 1, 2013.

Source: SL 2013, ch 102, § 5; SL 2017, ch 93, § 7.

16-23-6. Agreement for payment of recruitment assistance--Repayment upon breach.

Any agreement for the payment of recruitment assistance pursuant to this chapter shall obligate the rural county or municipality served by the attorney to provide thirty-five percent of the total amount of the incentive payment in five equal annual installments. After the rural county or municipality certifies to the Unified Judicial System that the county or municipality has paid the attorney the annual amount and the State Bar of South Dakota or its designee has paid fifteen percent of the annual installment to the Unified Judicial System, the Unified Judicial System shall pay to the attorney the remaining balance of the total installment payment amount for that year. The Unified Judicial System shall pay the required amount out of funds appropriated pursuant to this chapter and the funds received from the State Bar of South Dakota pursuant to this chapter. A county or municipality may prepay its portion of the incentive payment at any time during the five-year period.

If an attorney has breached the agreement, the attorney shall repay all sums received pursuant to this chapter under the terms and conditions set by the Unified Judicial System. Failure to make repayment is grounds for discipline by the State Bar of South Dakota and the Supreme Court.

Source: SL 2013, ch 102, § 6; SL 2017, ch 93, § 8.

16-23-7. County and municipality funding.

Any rural county or municipality may appropriate funds for the purpose of carrying out the provisions of this chapter. A rural county or municipality may enter an agreement with any county, municipality, school district, or nonprofit entity to assist the county or municipality in carrying out the provisions of this chapter.

Source: SL 2013, ch 102, § 7; SL 2017, ch 93, § 9.

16-23-8. Filing and approval of recruitment assistance agreement.

No recruitment assistance agreement entered into pursuant to the provisions of this chapter is effective until it is filed with and approved by the Unified Judicial System. The agreement shall provide that the attorney practice law full-time in the eligible county or municipality for at least five years. The Supreme Court may promulgate rules necessary to implement the provisions of this chapter pursuant to chapter 1-26.

Source: SL 2013, ch 102, § 8; SL 2017, ch 93, § 10.

16-23-9. Ineligibility for participation in other program.

No person may participate in the program established pursuant to the provisions of this chapter if the person has previously participated in the program, or any other state or federal scholarship, loan repayment, or tuition reimbursement program that obligates the person to provide attorney services within an underserved area.

Source: SL 2013, ch 102, § 9.

16-23-10. Annual report on status of program.

The Unified Judicial System shall annually file with the Legislative Research Council a report on the status of the program.

Source: SL 2013, ch 102, § 13.

16-23-11. Payments from State Bar of South Dakota.

In order to fully fund the incentive payment, the Unified Judicial System is specially authorized to receive from the State Bar of South Dakota fifteen percent of the total amount of an incentive payment authorized pursuant to this chapter in five equal annual installments and place the funds in the Unified Judicial System other fund fiduciary fund.

Source: SL 2013, ch 102, § 14.