16-16-12.1. Admission without examination--Eligibility by practice.

An applicant may be eligible for admission without examination if the applicant:

(a)    Meets the requirements of § 16-16-2;

(b)    Furnishes satisfactory evidence of graduation from a law school accredited by the American Bar Association, and;

(c)    Provides documentary evidence showing that for three (3) of the last five (5) years immediately preceding the application for admission without examination, the applicant, as principal occupation, has been actively, continuously, and lawfully engaged in the practice of law, in a state or states that allow South Dakota attorneys substantially similar admission without examination, as:

(1)    A sole practitioner;

(2)    A member of a law firm, professional corporation or association;

(3)    A judge in a court of record;

(4)    An attorney for any local or state governmental entity;

(5)    Inside counsel for a corporation, agency, association or trust department; and/or,

(6)    An attorney with the federal government or a federal governmental agency including service as a member of the Judge Advocate General Department of one of the military branches of the United States.

Source: SL 2004, ch 324 (Supreme Court Rule 03-23), eff. Jan. 1, 2004; SL 2015, ch 272 (Supreme Court Rule 15-10), eff. July 1, 2015; SL 2019, ch 230 (Supreme Court Rule 19-09), eff. Feb. 25, 2019.

16-16-12.2. Admission without examination--Application requirements.

The application for admission without examination shall be filed with the secretary of the board of bar examiners in such form as the board shall prescribe. The failure of an applicant to furnish information or answer truthfully interrogatories of the board pertinent to the application may result in denial of the application. The application shall be accompanied by:

(a)    The applicable fees;

(b)    The criminal background check required by § 16-16-2.6;

(c)    A certified copy of the application for admission to the bar in each jurisdiction in which the applicant has previously been admitted to practice law;

(d)    A certification of admission to practice by the admitting authority in each jurisdiction that the applicant identified in (c) as having admitted the applicant to the bar;

(e)    A certification from the proper authority in each jurisdiction where the applicant has been admitted stating that the applicant is in good standing;

(f)    A certification by the attorney disciplinary authority in each jurisdiction where the applicant has been admitted to the bar of the applicant's disciplinary history and indicating whether the applicant is the subject of a pending complaint or charge of misconduct;

(g)    A report of the National Conference of Bar Examiners as to the applicant's character; and

(h)    A copy of the rule in the state or states in which the applicant has been practicing law which allows South Dakota attorneys substantially similar admission without examination.

To the extent that the state or states that allow South Dakota attorneys substantially similar admission without examination have additional requirements for South Dakota lawyers seeking admission without examination, the board of bar examiners may impose the same additional requirements for applicants seeking admission in South Dakota without examination.

Source: SL 2004, ch 325 (Supreme Court Rule 03-24), eff. Jan. 1, 2004; SL 2015, ch 273 (Supreme Court Rule 15-11), eff. July 1, 2015.

16-16-12.3. Attorney licensing when spouse is a member of the armed forces.

Notwithstanding any other provision in law, any attorney licensed to practice law in another jurisdiction within the United States, shall be admitted to practice in this state if:

(1)    His or her spouse is a member of the armed forces of the United States;

(2)    His or her spouse is the subject of a military transfer to South Dakota for active duty military service;

(3)    He or she left employment to accompany the applicant's spouse to South Dakota; and

(4)    He or she meets the requirements in § 16-16-12.4.

Source: SL 2014, ch 252 (Supreme Court Rule 13-10), eff. Sept. 10, 2013.

16-16-12.4. Contents of application for licensing when spouse is a member of the armed forces.

Any attorney seeking admission to practice in South Dakota under § 16-16-12.3 shall submit a sworn, written application to the Supreme Court of South Dakota containing the following:

(1)    The name and post office address of the applicant;

(2)    The jurisdictions in which the applicant is licensed to practice law;

(3)    A statement that the applicant is a member in good standing of the bar of the jurisdictions in which he or she is licensed;

(4)    A statement that the applicant has not been the subject of disciplinary action by the bar or courts of any jurisdiction during the preceding five years;

(5)    A statement that the applicant has not been denied admission to the courts of any jurisdiction during the preceding five years; and

(6)    A statement that the applicant is familiar with the rules of the State Bar of South Dakota and will at all times abide by and comply with the same.

Such application will be accompanied by the following:

(a)    A certificate of admission to the bar in the jurisdictions in which the applicant is licensed to practice law; and

(b)    A certificate from the proper courts therein that the applicant is a member in good standing.

Source: SL 2014, ch 252 (Supreme Court Rule 13-10), eff. Sept. 10, 2013.