An Act to provide an apprenticeship pathway to practice law in South Dakota.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added to a NEW CHAPTER in title 16:

The Legislature hereby creates a legal apprenticeship pathway to licensure as an attorney in the state of South Dakota.

Section 2. That a NEW SECTION be added to a NEW CHAPTER in title 16:

The Legislature hereby creates a legal apprenticeship program if the following conditions are met:

(1) The applicant is a graduate of the University of South Dakota School of Law;

(2) The applicant is a resident of the state of South Dakota at the time of commencement of the apprenticeship and completion; and

(3) The applicant successfully completes six hundred seventy-five hours of supervised apprenticeship under a qualified supervising attorney within the state of South Dakota.

A supervising attorney may include an attorney employed by or associated with a government legal department, or any attorney engaged in the private practice of law.

Section 3. That a NEW SECTION be added to a NEW CHAPTER in title 16:

A supervising attorney shall:

(1) Be licensed and in good standing to practice law in this state; and

(2) Have engaged in the full-time practice of law for not less than seven years.

Section 4. That a NEW SECTION be added to a NEW CHAPTER in title 16:

The supervising attorney shall certify that:

(1) The apprentice has faithfully completed six hundred seventy-five hours of supervised apprenticeship within a period not to exceed one year;

(2) The apprentice has demonstrated satisfactory performance of assigned tasks and responsibilities; and

(3) The apprentice has demonstrated knowledge and proficiency in legal ethics and professional responsibility.

Section 5. That a NEW SECTION be added to a NEW CHAPTER in title 16:

Prior to licensure, each applicant shall undergo and successfully pass a criminal background investigation pursuant to the provisions of § 16-16-2.6.

Section 6. That a NEW SECTION be added to a NEW CHAPTER in title 16:

Upon satisfactory completion of all apprenticeship requirements, certification by the supervising attorney, and fulfillment of all statutory conditions, the apprentice shall be granted a license to practice law in this state.

Section 7. That a NEW SECTION be added to a NEW CHAPTER in title 16:

As a condition of licensure under this apprenticeship pathway, each newly licensed attorney shall perform a minimum of fifty hours of pro bono legal services per year for a period of five years following the date of licensure.