South Dakota Codified Laws 16-19-48. Transfer to medical inactive status for a medical condition
If, during the course of a disciplinary investigation or proceeding, the attorney claims to be unable to assist in the attorney’s defense to a disciplinary complaint because of a medical condition, the Supreme Court shall enter an order immediately transferring the attorney to medical inactive status until a determination is made of the attorney’s ability to comply with the Rules of Professional Conduct and § 16-19-31. The determination shall be made in a proceeding instituted in accordance with the provisions of § 16-19-89. An attorney transferred to medical inactive status shall not practice law. An attorney transferred to medical inactive status shall not act as a legal assistant except as provided by §§ 16-18-34.4 to 16-18-34.7, inclusive. The Supreme Court shall enter such orders as are necessary to notify the attorney’s clients of the attorney’s change in status.
Terms Used In South Dakota Codified Laws 16-19-48
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- medical condition: is a ny 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. See South Dakota Codified Laws 16-19-29
Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 6 (c); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XV (c); Supreme Court Rule 97-29; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.