South Dakota § 16-18-34.5 - Application by disqualified persons--Requirements--Hearing--Burden of proof.
Full text of South Dakota South Dakota Codified Laws § 16-18-34.5 — Application by disqualified persons--Requirements--Hearing--Burden of proof., with citation guidance and answers to common questions.
§ 16-18-34.5. Application by disqualified persons--Requirements--Hearing--Burden of proof.
The application by a person disqualified under § 16-18-34.4 must establish the applicant's good moral character, competency, education, training, or experience in the legal system, substantive and procedural law, and the Rules of Professional Conduct, and the ability to comply with the ethical considerations of § 16-18-34.3.
The applicant shall have the burden of demonstrating by clear and convincing evidence that the applicant has the moral and ethical qualifications, competency and learning in law required to act as a legal assistant in this state and that acting as a legal assistant within the state will not be detrimental to the integrity and standing of the bar or the administration of justice, or subversive of the public interest.
The Supreme Court may act upon the application or, where no recommendations have been made under § 16-18-34.7, refer the application to the Disciplinary Board if the applicant was an attorney or to a circuit judge for testimony, findings, and recommendations. The cost of such hearing will be paid as provided by § 16-19-70.1.
The Supreme Court may deny the application if it finds approval would be detrimental to the integrity and standing of the bar or the administration of justice or subversive of the public interest. If the applicant has met the burden of proof, the Supreme Court may grant the application and impose such restrictions or conditions upon the employment and supervision of legal assistants as the court deems appropriate for the protection of the public.
Source: Supreme Court Rule 97-25.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 16-18-34.5
What does South Dakota Codified Laws § 16-18-34.5 cover?
Section 16-18-34.5 ("Application by disqualified persons--Requirements--Hearing--Burden of proof.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 16-18-34.5?
A common citation format is "South Dakota Codified Laws § 16-18-34.5" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 16-18-34.5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.