16-16-7.1. Practice of nonresident attorneys employed by legal aid bureaus or public defender agencies--Application.

A nonresident attorney, licensed to practice law in another jurisdiction within the United States, while actually employed and associated with a bar association sponsored or governmentally funded legal aid bureau or public defender agency within South Dakota, may be admitted to practice before the courts of this state. Admission shall be upon sworn, written application to the South Dakota Supreme Court containing:

(1)    The post office address of the applicant;

(2)    The name and post office address of the legal aid bureau or public defender agency by whom the applicant will be employed;

(3)    The name and address of the supervising attorney of the bureau or agency, who shall be a duly licensed attorney of this state;

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

(5)    A statement that the applicant is a member in good standing of the bar of the jurisdiction in which he is licensed;

(6)    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;

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

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

(9)    A statement that the applicant has simultaneously filed with the Board of Bar Examiners an application for admission to the practice of law in this state.

Source: Supreme Court Rule 76-6; Supreme Court Rule 84-2.

16-16-7.2. Certificates and affidavits filed with application.

There shall be filed therewith:

(1)    A certificate of admission to the bar in such other jurisdictions where the applicant is licensed;

(2)    A certificate from the proper courts therein that the applicant is a member in good standing; and

(3)    An affidavit of the supervising attorney that he is licensed to practice in South Dakota; that the applicant, upon admission, will be employed by and associated with the legal aid bureau or public defender agency; and, that the supervising attorney has found the applicant to be a reputable attorney and recommends his or her admission to practice.

Source: Supreme Court Rule 76-6.

16-16-7.3. Order of admission--Duration.

If the Supreme Court shall find that the applicant is of good moral character and otherwise qualified to practice law, the Court may make an order of admission to be effective upon the filing of the oath of attorney in the office of the clerk.

The admission to practice under this section shall remain in effect until the occurrence of the earliest of the following events:

(1)    The failure to sit for the first bar examination administered by the Board of Bar Examiners subsequent to the order of admission; or

(2)    The announcement by the Board of Bar Examiners of this state of the results of the first bar examination following the applicant's admission under this section, provided, however, that as to any applicant who passes such examination his or her admission under this section shall continue in effect for sixty days, during which time applicant may proceed to be admitted to practice pursuant to § 16-16-17; or

(3)    The termination of the applicant's employment with the legal aid bureau or public defender agency under which the applicant was admitted under this section; or

(4)    The termination by the Supreme Court of the applicant's admission under this section.

It shall be the duty of the supervising attorney of the legal aid bureau or public defender agency by whom such attorney is employed under § 16-16-7.2 to inform the Supreme Court immediately of the termination of employment of such attorney admitted to practice pursuant to this section.

For the purpose of subdivisions (1) and (2) above, the bar examination referred to means the combined Multistate Essay Examination which includes an Indian Law question, and Multistate Performance Test, and the Multistate Bar Examination administered by the Board of Bar Examiners as well as the Multistate Professional Responsibility Examination.

Source: Supreme Court Rule 76-6; Supreme Court Rule 80-5; Supreme Court Rule 84-3; SL 1998, ch 312; SL 2014, ch 264 (Supreme Court Rule 14-05), eff. July 1, 2014.

16-16-7.4. Submission to disciplinary board jurisdiction--Revocation of admission or referral to board for misconduct--Venue.

Under § 16-16-7.1 the filing of an application requesting admission by a nonresident attorney shall constitute his or her submission to the jurisdiction of the Disciplinary Board of the State Bar.

If after admission to practice in this state, the applicant engages in professional misconduct as that term is defined by the rules governing the State Bar of South Dakota, the Supreme Court may revoke his or her admission to practice. In addition, the matter may be referred to the Disciplinary Board of the State Bar or other proper authority as is deemed necessary and desirable. The county in which the legal aid bureau or public defender agency is located shall be considered the county of the applicant's residence for the purpose of determining venue in any disciplinary action taken against him or her.

Source: Supreme Court Rule 76-6; Supreme Court Rule 78-1, Rule XX (a).

16-16-7.5. Extent of practice--Compensation.

The admission of the nonresident attorney under § 16-16-7.3 will allow the attorney to practice in the courts or administrative agencies of this state solely in the capacity as a member of the legal aid bureau or public defender agency by whom he or she is employed. The nonresident attorney shall not receive compensation from the person on whose behalf he or she renders services, but this shall not prevent the legal aid bureau or public defender agency from paying compensation to the attorney nor shall it prevent any agency from making such charges for its services as it may otherwise properly require.

Source: Supreme Court Rule 76-6.

16-16-7.6. Admission of full-time faculty member of the University of South Dakota law school.

An attorney licensed to practice law in another jurisdiction within the United States, while actually employed by the Unified Judicial System as its state court administrator or, while actually employed by the University of South Dakota law school as a full-time administrator or as a full-time faculty member may be admitted to practice in this state upon submission of 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:

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

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

A full-time administrator or faculty member other than the full-time dean shall also submit:

(1)    An affidavit of the Dean of the law school that the applicant is a full-time administrator or faculty member of the University of South Dakota law school in good standing and that the Dean recommends the applicant for admission to practice.

A full-time administrator includes the dean, librarian, associate or assistant deans, or other administrators holding academic appointment.

A full-time faculty member is one who during the academic year devotes substantially all working time to teaching and legal scholarship, participates in law school governance and service, and has no outside office or business activities, and whose outside professional activities, if any, are limited to those that relate to major academic interests or enrich the faculty member's capacity as scholar and teacher, are of service to the legal profession and the public generally, and do not interfere with one's responsibility as a faculty member. A full-time faculty member may hold a joint appointment with the University of South Dakota law school and another college or school within the University of South Dakota.

Source: Supreme Court Rule 85-11; Supreme Court Rule 97-46.

16-16-7.7. Order of admission and duration.

If the Supreme Court shall find that the applicant is of good moral character and otherwise qualified to practice law, the Court may make an order of admission to be effective upon the filing of the oath of attorney in the office of the clerk. Such admission under this section shall remain in effect until the occurrence of the earliest of the following events:

(1)    The announcement by the board of bar examiners of this state that such applicant has passed such examination and the applicant's subsequent admission to practice under § 16-16-17, et seq.; or

(2)    The termination of applicant's employment with the University of South Dakota law school or a change in the status of applicant's employment from full-time administrator or full-time faculty member to some other status; provided however, that the membership of such member admitted pursuant to § 16-16-7.6 will not terminate when the member's employment at the University of South Dakota School of Law terminates if the member has served as a full-time administrator or full-time member of that faculty and been admitted to the bar in South Dakota for a minimum of five of the seven years immediately preceding termination of the employment; or

(3)    The termination of applicant's employment with the Unified Judicial System or a change in status of applicant's employment from state court administrator to some other status; or

(4)    The termination by the Supreme Court of the applicant's admission under this section.

It shall be the duty of the individual to inform the Supreme Court immediately of the termination or change in status of applicant's employment.

Source: Supreme Court Rule 85-12; Supreme Court Rule 97-47; SL 2008, ch 282 (Supreme Court Rule 07-03), eff. Jan. 1, 2008.

16-16-7.8. Submission to disciplinary board jurisdiction--Revocation of admission or referral to board for misconduct--Venue.

Under § 16-16-7.6, the filing of an application requesting admission by the state court administrator or by a law school full-time administrator or faculty member shall constitute his or her submission to the jurisdiction of the disciplinary board of the state bar.

If, after admission to practice in this state, the applicant engages in professional misconduct as that term is defined by the rules governing the state bar of South Dakota, the Supreme Court may revoke his or her admission to practice. In addition, the matter may be referred to the disciplinary board of the state bar or other proper authority as is deemed necessary and desirable. Clay County shall be considered the county of the full-time administrator or faculty member's residence for the purpose of determining venue in any disciplinary action taken against him or her. Hughes County shall be considered the county of the state court administrator's residence for the purpose of determining venue in any disciplinary action taken against him or her.

Source: Supreme Court Rule 85-13; Supreme Court Rule 97-48.