South Dakota § 16-19-29 - Powers and duties of disciplinary board generally.

§ 16-19-29. Powers and duties of disciplinary board generally.

The board shall exercise the powers and perform the duties conferred and imposed upon it by rule of the Supreme Court, including the power and duty:

(1)    To consider and investigate any alleged ground for discipline or alleged medical condition of any attorney called to its attention, or upon its own motion, and to take such action appropriate to effectuate the purposes of this chapter. As used in this chapter, "medical condition" is any condition that deprives an attorney of the ability to act in compliance with the Rules of Professional Conduct and any other standards required of practicing attorneys.

(2)    To appoint a board secretary, board counsel, deputy board counsel, and such personnel as may from time to time be required to assist in the performance of the functions and duties of the board.

(3)    To hold informal conferences.

(4)    To privately reprimand attorneys for misconduct.

(5)    To maintain permanent records of all matters processed and the disposition thereof.

(6)    To prosecute all disciplinary proceedings before the Supreme Court.

(7)    To prosecute all proceedings before the Supreme Court to determine the medical condition of attorneys as set forth in §§ 16-19-88 to 16-19-91, inclusive.

(8)    To hear applications for approval and complaints for revocation of approval of disqualified persons to act as legal assistants under subdivisions 16-18-34.4(2) to (4), inclusive.

(9)    To adopt internal rules of procedure not inconsistent with this chapter and to file the same with the clerk of the Supreme Court.

Jurisdiction for complaints against members of the judiciary for conduct that occurred prior to becoming a member of the judiciary shall be vested with the Judicial Qualifications Commission.

Source: Supreme Court Rule 78-1, Rule IV (g); Supreme Court Rule 97-26; SL 2009, ch 282 (Supreme Court Rule 09-03), eff. July 1, 2009; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.