South Dakota § 16-19-99 - Attorney discipline--Proceedings confidential--Violation as contempt--Exceptions.

§ 16-19-99. Attorney discipline--Proceedings confidential--Violation as contempt--Exceptions.

All proceedings involving allegations of misconduct by an attorney or the attorney's competency to practice law because of a medical condition as defined by § 16-19-48 shall be kept confidential until:

(a)    A formal complaint asking for disciplinary action is filed with the Supreme Court by the board or the attorney general, or

(b)    Upon the request of the attorney to have the matter be public, or

(c)    If the investigation into the attorney's alleged misconduct is predicated upon a conviction for a crime reportable under § 16-19-37.

If the disciplinary proceeding involves alleged misconduct due to an attorney's medical condition as defined by subdivision 16-19-29(1) and the Supreme Court enters an order transferring the attorney to medical inactive status pursuant to § 16-19-88 or 16-19-92, only the order shall be public. The record shall remain confidential absent a written waiver by the attorney or an order of the Supreme Court. All participants in the proceeding shall conduct themselves so as to maintain the confidentiality of the proceeding. Any violation by any person of the requirement of confidentiality shall constitute contempt and shall be punishable as such by the Supreme Court. An attorney on medical inactive status shall be permitted to relate necessary information from the proceedings to the attorney's treating healthcare or medical practitioners for the purpose of restoring the attorney to active status. This section shall not be construed to deny access to relevant information to authorized agencies investigating the qualifications of judicial candidates, the board of bar examiners, or to other jurisdictions investigating qualifications for admission to practice; or to an agency acting pursuant to order of the Chief Judge of the United States District Court for South Dakota concerning reciprocal discipline; or to law enforcement agencies investigating qualifications for government employment. In addition, the clerk of the Supreme Court shall transmit notice of all public discipline imposed by the Supreme Court on an attorney or the transfer to medical inactive status of an attorney to the national discipline data bank maintained by the American Bar Association.

Source: Supreme Court Rule 78-1, Rule XVI; Supreme Court Rule 95-12; SL 2009, ch 283 (Supreme Court Rule 09-04), eff. July 1, 2009; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.