South Dakota Statutes

Title 16 - COURTS AND JUDICIARY

Chapter 01 - The Supreme Court
- Section 16-1-1 - Supreme Court districts.
- Section 16-1-14 - Supreme Court library--Publications included--Control by justices.
- Section 16-1-2 - Number of justices--Term of office--Retention elections.
- Section 16-1-2.1 - Election of Chief Justice--Term of office--Removal.
- Section 16-1-2.2 - Form of retention ballot.
- Section 16-1-3 - Superseded.
- Section 16-1-3.1 - Additional compensation of Chief Justice--Exclusion from retirement provisions.
- Section 16-1-4 - Repealed.
- Section 16-1-4.1 - Mandatory retirement of justices at age seventy--Conclusion of pending matters.
- Section 16-1-5 - Retired justices and retired or active judges acting in place of disqualified justices.
- Section 16-1-9 - Term of Supreme Court--Places.
- Sections 16-1-10 to 16-1-13 - Repealed
- Sections 16-1-6 to 16-1-8 - Repealed
Chapter 01A - Commission On Judicial Qualifications
- Section 16-1A-1 - Definition of terms.
- Section 16-1A-10 - Status of judge pending criminal, removal or retirement proceedings.
- Section 16-1A-11 - Participating judge disqualified from sitting in appeal.
- Section 16-1A-12 - Suspension of judge on conviction of crime--Reversal of conviction--Removal whenconviction final.
- Section 16-1A-13 - Benefits retained by retired judge--Loss of benefits by removed judge.
- Section 16-1A-14 - Obsolete.
- Section 16-1A-2 - Commission created--Composition--Appointment of members--Terms of office.
- Section 16-1A-3 - Termination of commission membership on departure from qualifying position--Removal of members--Vacancies.
- Section 16-1A-4 - Budget for commission--Rules--Confidentiality of proceedings--Administrativesupport.
- Section 16-1A-5 - Chairman of commission--Majority required for action.
- Section 16-1A-6 - Travel expenses and per diem of commission members.
- Section 16-1A-7 - Employment of personnel by commission--Powers in investigation.
- Section 16-1A-8 - Employment of personnel by commission--Compensation of witnesses--Counsel.
- Section 16-1A-9 - Recommendations by commission.
Chapter 02 - The Unified Judicial System
- Section 16-2-20 - General supervision of circuit courts by Chief Justice--Purposes.
- Section 16-2-20.1 - Quarterly reports of undecided circuit court cases--Submission and transmittal--Discipline for noncompliance.
- Section 16-2-21 - Appointment of presiding judge for circuit--Supervisory and administrative powersand duties--Monthly circuit court in each county.
- Section 16-2-22 - Repealed.
- Section 16-2-23 - Schedule of fees paid court personnel included in budget for unified system.
- Section 16-2-23.1 - Fees retained by court reporter.
- Section 16-2-24 - Repealed.
- Section 16-2-25 - Counties to provide facilities for clerk.
- Section 16-2-25.1 - Supplies of judge or magistrate provided to unified system.
- Section 16-2-26 - Municipalities and townships to provide facilities for magistrates' clerks.
- Section 16-2-27 - Continuing duties of clerks of court.
- Section 16-2-27.1 - Passport application duties of clerks--Fees.
- Section 16-2-27.2 - Repealed.
- Section 16-2-28 - Trust funds deposited with clerk paid into county treasury--Disbursement--Accounting systems provided by Supreme Court.
- Section 16-2-29 - Fees charged by clerk of courts--Governmental bodies exempt.
- Section 16-2-29.1 - Fees of Supreme Court clerk--No fee in certain cases.
- Section 16-2-29.2 - Waiver of filing fees and service costs--Motion to court.
- Section 16-2-29.3 - Waiver of filing fees--Affidavit of inability to pay.
- Section 16-2-29.4 - Waiver of filing fees--Dismissal of action if allegation of poverty untrue or actionfrivolous or malicious.
- Section 16-2-29.5 - Records search fee.
- Section 16-2-29.6 - Electronic searches of money judgments.
- Section 16-2-30 - Clerk to forward fees and costs monthly to county treasurer.
- Section 16-2-34 - Distribution of fines and penalties collected for violation of local ordinances.
- Section 16-2-35.7 - Repealed.
- Section 16-2-36 - Repealed.
- Section 16-2-37 - Repealed.
- Section 16-2-38 - Unified Judicial System court automation fund created.
- Section 16-2-39 - Court automation surcharge--Amount in civil action--Collection.
- Section 16-2-39.1 - Court automation surcharge for small claims actions after June 30, 2015.
- Section 16-2-40 - Surcharge taxable as costs.
- Section 16-2-41 - Court automation surcharge for certain criminal actions.
- Section 16-2-41.1 - Court automation surcharge for actions filed in Supreme Court.
- Section 16-2-42 - Waiver of surcharge--Conditions.
- Section 16-2-43 - Surcharge transmitted to state treasurer--Deposited in fund.
- Section 16-2-44 - Use of court automation fund money.
- Section 16-2-45 - Fee for filing divorce action--Distribution of fee.
- Section 16-2-46 - Uniform forms for protection orders.
- Section 16-2-47 - Refusal to file or docket document.
- Section 16-2-49 - Liability for refusal to file or docket document.
- Section 16-2-50 - Definitions.
- Section 16-2-51 - Court appointed special advocates grant program established.
- Section 16-2-52 - Court appointed special advocates fund established--Use of fund.
- Section 16-2-53 - Court Appointed Special Advocates Commission established--Membership--Terms--Reimbursement.
- Section 16-2-54 - Award of grants--Procedures for obtaining grant.
- Section 16-2-55 - Commission on Equal Access to Our Courts created.
- Section 16-2-56 - Grants to entities that deliver services to persons meeting income guidelines.
- Section 16-2-57 - Settlement of class action lawsuit.
- Section 16-2-58 - Commission on equal access to our courts surcharge.
- Section 16-2-59 - Collection of surcharge--Equal access to our courts fund.
- Sections 16-2-1 to 16-2-19 - Repealed
- Sections 16-2-31 to 16-2-33 - Repealed
- Sections 16-2-35, 16-2-35.1 - Repealed
- Sections 16-2-35.2 to 16-2-35.6 - Repealed
- Sections 16-2-47.1, 16-2-48 - Written notice by clerk of counterfeit documents. Court action for refusal to file or docket document
Chapter 03 - Supreme Court Rules
- Section 16-3-1 - Law governing making of rules.
- Section 16-3-10 - Facsimile transmissions to Supreme Court justices.
- Section 16-3-11 - Grounds for declaration of judicial emergency.
- Section 16-3-12 - Supreme Court declaration of judicial emergency by order--Contents.
- Section 16-3-13 - Designation of another facility for court business.
- Section 16-3-14 - Suspension, extension, or other relief from deadlines, time schedules, or filingrequirements.
- Section 16-3-2 - Power of Supreme Court to make rules of practice and procedure--Actions,proceedings, and appeals to which applicable.
- Section 16-3-3 - Substantive rights not to be affected by rules.
- Section 16-3-4 - Repealed.
- Section 16-3-5 - Rules governing petitions for and notice of court rules.
- Section 16-3-5.1 - Court rules--Filing of notice of rule changes proposed by Supreme Court--Publication Hearing--Combined notices--Rules governing internal operation effectiveon filing.
- Section 16-3-6 - Repealed.
- Section 16-3-7 - Filing of rules with secretary of state--Distribution and publication.
- Section 16-3-8 - Repealed.
- Section 16-3-9 - Supreme Court rules governing attorneys.
Chapter 04 - Supreme Court Reports
- Section 16-4-1 - Contract for publication of opinions--Payment.
Chapter 05 - Judicial Circuits And Terms Of Court
- Section 16-5-1 - Repealed.
- Section 16-5-1.1 - Repealed.
- Section 16-5-1.2 - Number of judicial circuits--Counties included.
- Section 16-5-10 - Repealed.
- Section 16-5-11 - Superseded.
- Section 16-5-12 - First day of term falling on holiday.
- Section 16-5-13 - Simultaneous terms of circuit court in different counties.
- Section 16-5-14 - Simultaneous sessions of circuit court in same or different counties.
- Section 16-5-15 - Special terms of courts of record--Order filed with clerk--Powers at special term.
- Section 16-5-16 - Special emergency term of court when immediate trial demanded by extraordinarycircumstances--Summons of jury.
- Section 16-5-17 - Special and adjourned terms of circuit court.
- Section 16-5-18 - Special term of circuit court on request of county commissioners--Order filed withclerk.
- Section 16-5-19 - Repealed.
- Section 16-5-20 - Repealed.
- Section 16-5-21 - Repealed.
- Section 16-5-22 - Place of holding terms of circuit court.
- Section 16-5-23 - Regular terms of circuit court held if cases ready for trial--Juries called.
- Section 16-5-24 - Postponement of opening of term of circuit court--Adjournment by clerk in absenceof judge.
- Section 16-5-25 - Adjournment of circuit court term--Resumption of business on day fixed.
- Section 16-5-26 - Adjournment of circuit court to day certain or until notice--Jury panel retained.
- Section 16-5-27 - Regular term in session until terminated or next term.
- Sections 16-5-2 to 16-5-9 - Repealed
Chapter 06 - Circuit Courts
- Section 16-6-1 - Number of judges in judicial circuits.
- Section 16-6-10 - Appellate jurisdiction of circuit court.
- Section 16-6-11 - Repealed.
- Section 16-6-12 - Original criminal jurisdiction of circuit court.
- Section 16-6-13 - Repealed.
- Section 16-6-14 - Circuit court jurisdiction as to persons detained.
- Section 16-6-15 - Circuit court writs in exercise of powers.
- Section 16-6-16 - Court always open for business--Place of hearings and determinations.
- Section 16-6-17 - Issues of fact tried in proper county--Order at chambers any place within state.
- Section 16-6-18 - Repealed.
- Section 16-6-19 - Transferred.
- Section 16-6-2 - Repealed.
- Section 16-6-2.1 - Repealed.
- Section 16-6-20 - Transferred.
- Section 16-6-29 - Circuit judge as judge in any circuit--Effect of acts in other circuits--Separation fromoffice.
- Section 16-6-3 - Time of election of judges--Terms of office.
- Section 16-6-3.1 - Superseded.
- Section 16-6-30 - Repealed.
- Section 16-6-31 - Mandatory retirement of judges at age seventy--Conclusion of pending matters.
- Section 16-6-4 - Repealed.
- Section 16-6-5 - Superseded.
- Section 16-6-5.1 - Additional compensation of presiding circuit judge--Not subject to certain retirementprovisions.
- Section 16-6-6 - Reimbursement of expenses of circuit judges--Waiver of right to claim travelexpenses.
- Section 16-6-7 - Courtroom facilities for circuit judges provided by counties.
- Section 16-6-8 - Chancery and common-law jurisdiction of circuit court.
- Section 16-6-9 - Original civil jurisdiction of circuit court.
- Section 16-6-9.1 - Transfer to circuit court of cases pending in inferior courts--Facilities and services--Enforcement of judgments--Continuation of proceedings in circuit court.
- Section 16-6-9.2 - Facsimile transmissions--Applicable statutory requirements.
- Sections 16-6-21 to 16-6-28 - Repealed
Chapter 07 - Circuit Court Bailiffs, Reporters And Interpreters [Repealed]
Chapter 08 - Supreme And Circuit Court Judges' Retirement Program [Repealed And Transferred]
- Section 16-8-12 - Repealed.
- Section 16-8-5.1 - Transferred.
- Sections 16-8-1 to 16-8-5 - Repealed
- Sections 16-8-6 to 16-8-11 - Repealed
Chapter 09 - District County Courts [Repealed]
Chapter 10 - County Clerk Of Courts [Repealed And Transferred]
- Section 16-10-5 - Transferred.
- Section 16-10-8 - Transferred.
- Sections 16-10-1, 16-10-2 - Repealed
- Sections 16-10-2.1, 16-10-2.2 - Transferred
- Sections 16-10-3, 16-10-4 - Repealed
- Sections 16-10-6, 16-10-7 - Transferred
- Sections 16-10-9, 16-10-10 - Transferred
Chapter 11 - Municipal Courts [Repealed]
Chapter 11A - District County Court And Municipal Court Judges' Retirement Program [Repealed]
Chapter 12 - Justices Of The Peace And Police Magistrates [Repealed]
Chapter 12A - Magistrate Courts
- Section 16-12A-1 - Repealed.
- Section 16-12A-1.1 - "Magistrate" defined--License to practice law required.
- Section 16-12A-10.2 - Compensation of magistrates--Budgeting and appropriations.
- Section 16-12A-2.2 - Magistrate court established within each circuit.
- Section 16-12A-2.3 - Court with magistrate judge as court of record.
- Section 16-12A-27.1 - Right of appeal to circuit court.
- Section 16-12A-29.1 - Counties to provide facilities for court.
- Section 16-12A-3 - Repealed.
- Section 16-12A-3.1 - Repealed.
- Section 16-12A-3.2 - Repealed.
- Section 16-12A-3.3 - Number of magistrates appointed.
- Section 16-12A-30 - Repealed.
- Section 16-12A-30.1 - Municipality to provide facilities for court.
- Section 16-12A-4 - Repealed.
- Section 16-12A-4.1 - Repealed.
- Section 16-12A-4.2 - Appointment and tenure of magistrates--Terms of office.
- Section 16-12A-7.1 - Repealed.
- Section 16-12A-7.2 - Repealed.
- Sections 16-12A-11 to 16-12A-27 - Repealed
- Sections 16-12A-2, 16-12A-2.1 - Repealed
- Sections 16-12A-28 to 16-12A-29 - Repealed
- Sections 16-12A-5 to 16-12A-7 - Repealed
- Sections 16-12A-8 to 16-12A-10.1 - Repealed
Chapter 12B - Magistrate Judges
- Section 16-12B-1 - Temporary transfer of magistrate judge--Powers and duties.
- Section 16-12B-1.1 - Number of full-time magistrate judges.
- Section 16-12B-1.2 - Certification and information on nominees for magistrate judge--Approval bySupreme Court.
- Section 16-12B-1.3 - Term of magistrate judges--Removal.
- Section 16-12B-10 - Jurisdiction--Committal.
- Section 16-12B-11 - Jurisdiction--Trial of minor criminal cases.
- Section 16-12B-12 - Jurisdiction--Small claim proceedings.
- Section 16-12B-13 - Jurisdiction--Trial of certain civil actions.
- Section 16-12B-14 - Jurisdiction--Mental illness cases.
- Section 16-12B-14.1 - Jurisdiction--Adult probationary drug court program.
- Section 16-12B-15 - Record of proceedings in magistrate court--Stenographic record--Costs--Appeal.
- Section 16-12B-16 - Right of appeal to circuit court.
- Section 16-12B-17 - Practice of law by magistrates.
- Section 16-12B-2 - Service as magistrate by retired justice or judge--Effect of acts--Expenses.
- Section 16-12B-3 - Authority to solemnize marriages--Fees.
- Section 16-12B-4 - Authority to administer oaths, etc.
- Section 16-12B-5 - Jurisdiction to issue summonses, warrants.
- Section 16-12B-6 - Right to counsel in magistrate court.
- Section 16-12B-7 - Jurisdiction--Bonds and personal recognizance.
- Section 16-12B-8 - Jurisdiction--Acceptance of defaults and trial of certain petty offenses--Acceptanceof pleas--Sentencing.
- Section 16-12B-9 - Jurisdiction--Forfeiture of appearance bonds.
Chapter 12C - Clerk Magistrates
- Section 16-12C-1 - Appointment of clerk, deputy clerk as clerk magistrate--Valid in any circuit.
- Section 16-12C-10 - Jurisdiction--Bonds and personal recognizance.
- Section 16-12C-11 - Jurisdiction--Acceptance of defaults and trial of certain petty offenses--Acceptanceof pleas--Sentencing.
- Section 16-12C-12 - Jurisdiction--Forfeiture of appearance bonds.
- Section 16-12C-13 - Jurisdiction--Noncontested proceedings with limited damage amount.
- Section 16-12C-14 - Record of proceedings before clerk magistrate--Stenographic record--Costs--Appeal.
- Section 16-12C-2 - Educational qualifications of clerk magistrate.
- Section 16-12C-2.1 - Certification of clerk magistrate-Notice of termination.
- Section 16-12C-3 - Attendance at institute prerequisite to taking office--Exception.
- Section 16-12C-4 - Establishment and schedule of clerk magistrate's institutes--Court may requireattendance.
- Section 16-12C-5 - Authority to solemnize marriages--Fees.
- Section 16-12C-6 - Authority to administer oaths, etc.
- Section 16-12C-7 - Jurisdiction to issue summonses, warrants.
- Section 16-12C-8 - Right to counsel in magistrate court.
- Section 16-12C-9 - Jurisdiction--Committal--Conditions.
Chapter 13 - Jury Lists And Panels
- Section 16-13-1 - Master jury list for each county--Courts by which used--Summons to supplydeficiency--Annual compilation of list.
- Section 16-13-10 - Qualifications of jurors.
- Section 16-13-10.1 - Policy of state regarding jury selection and service.
- Section 16-13-10.2 - Discrimination prohibited.
- Section 16-13-10.3 - Certain elderly persons may be excused upon request.
- Section 16-13-11 - Repealed.
- Section 16-13-12 - Repealed.
- Section 16-13-13 - Signing and filing of master juror list--Preparation of separate tickets by clerk ofcourt--Electronic process authorized.
- Section 16-13-14 - Repealed.
- Section 16-13-15 - Deletion of persons from master juror list--Duty of clerk of court to furnish list ofpersons who have recently served--Recording of reasons for disqualification ofstricken persons.
- Section 16-13-18.1 - "Random selection process" defined.
- Section 16-13-18.2 - Enforcement of chapter by Supreme Court.
- Section 16-13-18.3 - Responsibility of circuit presiding judge--Variation of process to meet localconditions--Approval and filing of variations.
- Section 16-13-18.4 - Creation of jury district for county with population of less than five thousand.
- Section 16-13-19 - Additional selections if master list inadequate.
- Section 16-13-2 - Minimum number of names placed on master jury list.
- Section 16-13-2.1 - Board of jury selectors for county--Composition--Filling vacancies.
- Section 16-13-20 - Summons of grand jury.
- Section 16-13-21 - Circuit court order required for summons of grand jury.
- Section 16-13-22 - Circuit court order for selection of petit jury--Specifications of order.
- Section 16-13-23 - Time of selection of jury panels--Officers participating.
- Section 16-13-24 - Disqualification of officer from drawing of jury panel--Substitutes.
- Section 16-13-25 - Notice to officers of meeting to draw names of jurors.
- Section 16-13-26 - Repealed.
- Section 16-13-27 - Drawing for jury panels.
- Section 16-13-28 - Disregard and replacement of jurors who have served.
- Section 16-13-29 - First names drawn as grand jury.
- Section 16-13-3 - Repealed.
- Section 16-13-3.1 - Repealed.
- Section 16-13-31.1 - Preservation of jury selection records--Public inspection.
- Section 16-13-32 - Neglect of officer's duty or malfeasance as contempt of court.
- Section 16-13-33 - Improper listing of names drawn as misdemeanor.
- Section 16-13-34 - Notice to jurors drawn for circuit court panel--Return of acceptance of service.
- Section 16-13-35 - Service by sheriff on circuit court juror failing to return acceptance of service--Feesdeducted from juror's compensation.
- Section 16-13-36 - Repealed.
- Section 16-13-37 - Judges to prescribe manner in which jury panels utilized and how summoned.
- Section 16-13-37.1 - Magistrate court utilization of jury panels.
- Section 16-13-38 - Repealed.
- Section 16-13-39 - Magistrate court powers and procedure in summoning jury and witnesses.
- Section 16-13-4 - Repealed.
- Section 16-13-4.1 - Jury selection list to consist of voter registration list supplemented by driver's licenselist.
- Section 16-13-40 - Repealed.
- Section 16-13-41 - Duty of jurors to appear when summoned.
- Section 16-13-41.1 - Discharge or suspension from employment for jury service as misdemeanor.
- Section 16-13-41.2 - Retention of employment status during jury status--Pay.
- Section 16-13-42 - Summons of additional jurors to supply deficiencies in panel--Procedure where jurylist exhausted.
- Section 16-13-43 - Summons of additional jurors when panel exhausted by challenges.
- Section 16-13-44 - Application for jury duty prohibited--Report to circuit court--Violation asmisdemeanor.
- Section 16-13-45 - Failure to appear for jury duty as contempt of court--Penalty.
- Section 16-13-46 - Jurors' per diem and mileage--Appearance fee--Certification and payment.
- Section 16-13-47 - Jurors' expenses and fees in cases on violation of municipal laws.
- Section 16-13-47.1 - Weekly payment of jurors.
- Section 16-13-48 - Repealed.
- Section 16-13-5 - Repealed.
- Section 16-13-9 - Repealed.
- Section 16-13-9.1 - "Master jury list" defined.
- Section 16-13-9.2 - Maximum number of names placed on master jury list--Random selection process.
- Section 16-13-9.3 - Repealed.
- Section 16-13-9.6 - Repealed.
- Sections 16-13-16 to 16-13-18 - Repealed
- Sections 16-13-30, 16-13-31 - Omitted. Panel not invalidated by irregularity--Dismissal of panel after misfeasance or malfeasance
- Sections 16-13-5.1 to 16-13-8 - Repealed
- Sections 16-13-9.4, 16-13-9.5 - Repealed
Chapter 14 - Judicial Conference
- Section 16-14-1 - Conference established--Composition.
- Section 16-14-2 - Study of state judicial system by conference.
- Section 16-14-3 - Study of rules of practice by conference--Recommendations for changes.
- Section 16-14-4 - Annual and special meetings of conference.
- Section 16-14-5 - Agenda for conference meetings--Reports by judges.
Chapter 15 - Contempt And Offenses Against The Judiciary
- Section 16-15-1 - Action or arrest in improper name as misdemeanor.
- Section 16-15-2 - Disorderly behavior in presence of court as misdemeanor.
- Section 16-15-3 - Disorderly behavior in presence of referee as misdemeanor.
- Section 16-15-4 - Disturbance of court proceedings as misdemeanor.
- Section 16-15-5 - Refusal to testify as misdemeanor.
- Section 16-15-6 - Disobedience of judicial process as misdemeanor.
- Section 16-15-7 - Resistance to judicial process as misdemeanor.
- Section 16-15-8 - False report of judicial proceedings as misdemeanor--Fair report not punishable.
- Sections 16-15-9 to 16-15-14 - Repealed
Chapter 16 - Admission Of Attorneys To Practice
- Section 16-16-1 - License from Supreme Court required to practice law--Active membership in statebar--Violation as misdemeanor.
- Section 16-16-10 - Subjects covered by examination--Public notice.
- Section 16-16-11 - Re-examination after three failures prohibited.
- Section 16-16-12 - Repealed.
- Section 16-16-12.1 - Admission without examination--Eligibility by practice.
- Section 16-16-12.2 - Admission without examination--Application requirements.
- Section 16-16-13 - Fees payable with application for admission--Disposition of fees.
- Section 16-16-14 - Discrimination on account of sex prohibited.
- Section 16-16-15 - Board of Bar Examiners--Applications for admission--Investigations--Hearings--Confidentiality--Disciplinary Board.
- Section 16-16-16 - Review by Supreme Court of bar examiners' decision as to qualifications ofapplicant.
- Section 16-16-16.1 - Review by Supreme Court of Bar Examiners' decision on ADA request.
- Section 16-16-17 - Recommendation to Supreme Court for admission to practice--Order and certificateof admission--State Bar membership fee.
- Section 16-16-17.1 - Conditional admission.
- Section 16-16-18 - Oath of attorney--Form and administration.
- Section 16-16-19 - Rights and privileges conferred by license to practice law.
- Section 16-16-2 - Qualifications of applicants to practice law.
- Section 16-16-2.1 - Standard of good moral character.
- Section 16-16-2.2 - Good moral character--Quantum and burden of proof.
- Section 16-16-2.3 - Good moral character--Relevant conduct.
- Section 16-16-2.4 - Use of information.
- Section 16-16-2.5 - Adverse recommendation.
- Section 16-16-2.6 - Criminal background investigation required--Procedure--Results furnished to board.
- Section 16-16-20 - Roll of attorneys maintained by clerk of Supreme Court.
- Section 16-16-23 - Examination required of applicant for reinstatement--Examination dispensed with ifapplicant manifestly qualified.
- Section 16-16-24 - Notice to State Bar of reinstatement of attorney--Payment of membership fees.
- Section 16-16-3 - Composition and appointment of board of bar examiners--Terms of office.
- Section 16-16-4 - Compensation and expenses of bar examiners and secretary.
- Section 16-16-5 - Duty of bar examiners--Rules and regulations.
- Section 16-16-6 - Examination required of applicants to practice law--Educational requirements.
- Section 16-16-6.1 - Repealed.
- Section 16-16-7 - Repealed.
- Section 16-16-7.1 - Practice of nonresident attorneys employed by legal aid bureaus or public defenderagencies--Application.
- Section 16-16-7.2 - Certificates and affidavits filed with application.
- Section 16-16-7.3 - Order of admission--Duration.
- Section 16-16-7.4 - Submission to disciplinary board jurisdiction--Revocation of admission or referralto board for misconduct--Venue.
- Section 16-16-7.5 - Extent of practice--Compensation.
- Section 16-16-7.6 - Admission of full-time faculty member of the University of South Dakota law school.
- Section 16-16-7.7 - Order of admission and duration.
- Section 16-16-7.8 - Submission to disciplinary board jurisdiction--Revocation of admission or referralto board for misconduct--Venue.
- Section 16-16-8 - Application for admission on examination.
- Section 16-16-9 - Time and place of examination.
- Sections 16-16-21, 16-16-22 - Reinstatement of inactive attorneys--Persons eligible. Application for reinstatement--Fees and charges--Determination of eligibility
Chapter 17 - The State Bar
- Section 16-17-1 - Bar continued as public association.
- Section 16-17-10 - Bylaws, rules, and regulations binding on members of bar--Violation as ground fordiscipline.
- Section 16-17-11 - Membership lists furnished to clerks of court by State Bar.
- Section 16-17-2 - Purposes of State Bar.
- Section 16-17-3 - Membership of State Bar.
- Section 16-17-4 - Annual membership fee--Bylaws and rules governing fee and use of fund.
- Section 16-17-4.1 - Senior emeritus status.
- Section 16-17-5 - Board of commissioners.
- Section 16-17-6 - Meetings of State Bar.
- Section 16-17-7 - Bylaws and rules adopted by bar--Approval by Supreme Court.
- Section 16-17-8 - Amendment of bylaws and rules--Approval by Supreme Court.
- Section 16-17-9 - Rules of professional conduct formulated by bar--Professional fees not regulated.
- Sections 16-17-12, 16-17-13 - Repealed
Chapter 18 - Powers And Duties Of Attorneys
- Section 16-18-1 - License and bar membership required to practice law--Injunction to restrainviolations.
- Section 16-18-10 - Attorney not to be surety--Violation as misdemeanor.
- Section 16-18-11 - Attorney's power to bind client by agreements--Evidence of agreement.
- Section 16-18-12 - Proof of authority required of attorney.
- Section 16-18-13 - Attorney's duty to respect courts.
- Section 16-18-14 - Attorney's duty to respect reputation of parties and witnesses.
- Section 16-18-15 - Attorney not to maintain unjustified actions or defenses--Criminal defense excepted.
- Section 16-18-16 - Attorney not to maintain action for improper motives.
- Section 16-18-17 - Attorney's duty to represent the oppressed.
- Section 16-18-18 - Attorney's duty to respect client's confidence.
- Section 16-18-19 - Attorney's duty to use truthful means.
- Section 16-18-2 - Attorney licensing--Non-resident attorneys--"Pro hac vice" admission on motion--Requirements.
- Section 16-18-2.1 - Legal assistance by law students--Purpose of provisions.
- Section 16-18-2.10 - Other rights not affected by provisions for legal assistance by legal interns.
- Section 16-18-2.2 - Requirements for participation by law student.
- Section 16-18-2.3 - Certification of legal intern by law school dean--Filing--Effective period--Withdrawal by dean or termination by Supreme Court.
- Section 16-18-2.4 - Consent and approval for appearance by legal intern--Authority for appearance incivil and criminal matters.
- Section 16-18-2.5 - Appearance by legal intern for state, county, or first or second class municipality.
- Section 16-18-2.6 - Preparation of pleadings, briefs and other documents by legal intern.
- Section 16-18-2.7 - Oral argument by legal intern before Supreme Court.
- Section 16-18-2.8 - Notation of oral consent and approval of appearance by legal intern--Filing of writtenconsent.
- Section 16-18-2.9 - Qualifications of supervising lawyer--Professional responsibility.
- Section 16-18-20 - Attorney's power to receive money for client--Unauthorized discharge of claimprohibited.
- Section 16-18-20.1 - Record of client funds--Time preserved--Failure to keep as ground for discipline.
- Section 16-18-20.2 - Attorney licensing--Trust accounting records and procedures.
- Section 16-18-21 - Attorney's lien on proceeds of action.
- Section 16-18-22 - Bond to release attorney's lien--Bill of particulars required of attorney.
- Section 16-18-23 - Refusal by attorney to pay money to client as misdemeanor.
- Section 16-18-24 - Lien as justification for withholding money from client.
- Section 16-18-25 - Security given by attorney for payment to client.
- Section 16-18-26 - Misconduct by attorney as misdemeanor.
- Section 16-18-27 - Attorneys for public agencies may permit use of name or office.
- Section 16-18-28 - Liability of attorney for treble damages for misconduct.
- Section 16-18-29 - Acceptance of consideration from defendant by attorney for public agency asmisdemeanor.
- Section 16-18-30 - Repealed.
- Section 16-18-31 - Withdrawal of attorney of record--When permitted.
- Section 16-18-32 - Attorney authorized to remove files from offices of clerks of court--Electronictransmission of copies.
- Section 16-18-33 - Repealed.
- Section 16-18-34 - Definition of legal assistant.
- Section 16-18-34.1 - Minimum qualifications.
- Section 16-18-34.2 - Utilization of legal assistants.
- Section 16-18-34.3 - Ethical considerations.
- Section 16-18-34.4 - Certain individuals disqualified.
- Section 16-18-34.5 - Application by disqualified persons--Requirements--Hearing--Burden of proof.
- Section 16-18-34.6 - Revocation of order for disqualified persons--Hearing--Burden of proof.
- Section 16-18-34.7 - Recommendations in attorney disciplinary proceedings.
- Section 16-18-6 - Contracts and powers of disbarred attorney void.
- Section 16-18-7 - Solicitation, acceptance of employment, or practice by disbarred or suspendedattorney as misdemeanor.
- Section 16-18-8 - Assistance to or acceptance of employment from disbarred or suspended attorney asmisdemeanor.
- Section 16-18-9 - Attorney's power to execute bonds and instruments for client.
- Sections 16-18-3 to 16-18-5 - Repealed
Chapter 19 - Discipline Of Attorneys
- Section 16-19-1 - Transferred.
- Section 16-19-100 - Retention of files and records of disbarred, suspended, or reinstated attorney.
- Section 16-19-12 - Transferred.
- Section 16-19-13 - Repealed.
- Section 16-19-14 - Transferred.
- Section 16-19-19 - Repealed.
- Section 16-19-2 - Repealed.
- Section 16-19-20 - Inherent power of Supreme Court.
- Section 16-19-21 - Attorneys subject to discipline by Supreme Court and board.
- Section 16-19-22 - Supreme Court exclusive power to disbar or suspend attorney.
- Section 16-19-23 - Powers reserved to other courts to control proceedings.
- Section 16-19-24 - Disciplinary board of State Bar--Appointment and terms of members--Vacancies.
- Section 16-19-25 - Chairman and vice-chairman of disciplinary board.
- Section 16-19-26 - Meetings of disciplinary board--Quorum--Vote required for action.
- Section 16-19-27 - Compensation of members of disciplinary board.
- Section 16-19-28 - Disqualification of board members in particular proceedings--Ad hoc appointmentsto restore full membership.
- Section 16-19-29 - Powers and duties of disciplinary board generally.
- Section 16-19-3 - Transferred.
- Section 16-19-30 - Complaints and testimony privileged--Board and staff immune from suit.
- Section 16-19-31 - License to practice law as trust--Duty to conform to standards.
- Section 16-19-32 - Violations by attorneys as grounds for discipline.
- Section 16-19-33 - Specific grounds for discipline of attorneys.
- Section 16-19-34 - Deceit and collusion as grounds for disbarment--Treble damages.
- Section 16-19-35 - Kinds of discipline authorized.
- Section 16-19-35.1 - Petition by board for temporary suspension.
- Section 16-19-36 - Attorney's conviction of serious crime to be reported to Supreme Court--Definitionof serious crime.
- Section 16-19-37 - Suspension from practice on conviction of serious crime--Setting aside order.
- Section 16-19-38 - Reinstatement of suspended attorney on reversal of conviction--Pending proceedingsunaffected.
- Section 16-19-39 - Reference for formal disciplinary proceedings on conviction of serious crime.
- Section 16-19-4 - Repealed.
- Section 16-19-40 - Parties initiating investigations of attorney's conduct.
- Section 16-19-41 - Reference for investigation and report in proceeding initiated by Supreme Court.
- Section 16-19-42 - Complaint and reference for investigation and report in proceeding initiated byattorney general.
- Section 16-19-43 - Investigation or reference for investigation and report in proceeding initiated bydisciplinary board.
- Section 16-19-44 - Individual complaint filed with board or Supreme Court--Reference for investigationand report.
- Section 16-19-45 - Investigation by board or attorney general on reference--Report and recommendationfiled with Supreme Court.
- Section 16-19-46 - Proceedings not to be abated for failure to prosecute, settlement or restitution.
- Section 16-19-49 - Resumption of disciplinary proceedings when respondent not incapacitated.
- Section 16-19-50 - Accused attorney to be given opportunity to state position.
- Section 16-19-51 - Procedure required in investigations by board or attorney general.
- Section 16-19-52 - Notice to attorney of complaint and allegations.
- Section 16-19-53 - Methods of investigation to be used--Informal conference.
- Section 16-19-54 - Attorney's duty to respond to disciplinary board.
- Section 16-19-55 - Subpoena power of board and attorney general--Disobedience as contempt.
- Section 16-19-56 - Subpoena of attorney's record of client funds.
- Section 16-19-57 - Repealed.
- Section 16-19-58 - Certificate of conviction as evidence against attorney.
- Section 16-19-59 - Dismissal of complaint on finding not meritorious.
- Section 16-19-60 - Conditions imposed on attorney on finding of meritorious complaint--Dismissal oncompliance.
- Section 16-19-61 - Notice to attorney of report and proposal for private reprimand.
- Section 16-19-62 - Response by attorney to proposal for private reprimand--Report and findings byboard.
- Section 16-19-63 - Demand by attorney for formal proceedings in lieu of private reprimand.
- Section 16-19-64 - Provisions governing formal disciplinary proceedings.
- Section 16-19-65 - Consent by attorney to disbarment--Contents of affidavit.
- Section 16-19-66 - Disbarment by consent--Public disclosure of order.
- Section 16-19-67 - Findings of fact, conclusions of law, and recommendation of investigating agencyshall constitute a formal accusation.
- Section 16-19-68 - Answer by attorney to formal accusation--Reference to receive evidence andrecommend disposition--Judgment on admission by attorney.
- Section 16-19-68.1 - Accused attorney to appear before Supreme Court.
- Section 16-19-69 - Repealed.
- Section 16-19-70 - Repealed.
- Section 16-19-70.1 - Costs and expenses of disciplinary proceedings.
- Section 16-19-70.2 - Allowable costs and expenses.
- Section 16-19-70.3 - Proof of costs and expenses required.
- Section 16-19-70.4 - Judgment for costs against attorney.
- Section 16-19-71 - Advice to Supreme Court of discipline in another jurisdiction--Copy of order filed--Conclusive evidence of misconduct.
- Section 16-19-72 - Notice to attorney of disciplinary order from other jurisdiction.
- Section 16-19-73 - Stay of reciprocal discipline on stay in other jurisdiction.
- Section 16-19-74 - Imposition of identical reciprocal discipline--Grounds for other disposition.
- Section 16-19-75 - Newspaper publication of suspension or disbarment.
- Section 16-19-76 - Notice to courts of suspension or disbarment--Order for protection of clients.
- Section 16-19-77 - Effective date of suspension or disbarment--New matters not to be accepted--Winding up of pending business.
- Section 16-19-78 - Notice to office clients of disbarment or suspension.
- Section 16-19-79 - Notice to opposing counsel and clients involved in litigation of disbarment orsuspension--Leave of court or agency to withdraw.
- Section 16-19-80 - Affidavit of compliance filed by disbarred or suspended attorney.
- Section 16-19-81 - Record of compliance maintained by disbarred or suspended attorney--Conditionprecedent to reinstatement.
- Section 16-19-82 - Noncompliance by attorney as contempt.
- Section 16-19-85 - Participation by board counsel in hearing on reinstatement--Appearance by andexamination of petitioner.
- Section 16-19-86 - Board findings and recommendation on reinstatement--Placement on Court calendar.
- Section 16-19-87 - Dismissal of petition or order of reinstatement--Conditions imposed on petitioner.
- Section 16-19-88 - Transfer to disability status of attorney judicially found incompetent.
- Section 16-19-89 - Petition by board for determination of impairment of attorney--Directions forinvestigation.
- Section 16-19-90 - Notice to respondent of disability proceedings--Representation of respondent.
- Section 16-19-91 - Burden of proof in disability and reinstatement proceedings.
- Section 16-19-92 - Order transferring disabled attorney to inactive status--Pending disciplinaryproceedings.
- Section 16-19-93 - Reinstatement order required before disabled attorney resumes practice.
- Section 16-19-94 - Petition for reinstatement by attorney in disability inactive status.
- Section 16-19-95 - Reinstatement of disabled attorney on judicial declaration of competency.
- Section 16-19-96 - Waiver of physician-patient privilege by petition for reinstatement of disabledattorney--Disclosure of names by petitioner.
- Section 16-19-97 - Examination of petitioner for reinstatement--Expense of examination--Additionalproof of competence required.
- Section 16-19-98 - Order of reinstatement on removal of disability.
- Section 16-19-99 - Attorney discipline--Proceedings confidential--Violation as contempt--Exceptions.
- Sections 16-19-10, 16-19-11 - Repealed
- Sections 16-19-15 to 16-19-18 - Transferred
- Sections 16-19-47, 16-19-48 - Processing not to be deferred because of similarity to other pending litigation. Transfer to inactive status of respondent pleading disability
- Sections 16-19-5 to 16-19-9 - Transferred
- Sections 16-19-83, 16-19-84 - Reinstatement order required before resumption of practice--Time of application--Waiting period after denial of reinstatement. Petition and hearing on reinstatement--Adva