If it is determined after an investigation by the board that the complaint is meritorious, but that formal disciplinary proceedings are not warranted, the board and the attorney may agree in writing to hold the proceedings in abeyance for an appropriate period, provided the attorney complies with specified reasonable conditions throughout the period. If it is determined that a medical condition as defined in subdivision 16-19-29(1) is relevant to such complaint, the specified reasonable conditions shall include board access to the attorney’s healthcare and medical records relevant to the medical condition. Upon satisfactory compliance, the board may thereafter dismiss the proceedings and notify the complainant and such other persons as the board deems appropriate. If, after an investigation, the attorney general finds such action warranted, the attorney general shall report the attorney general’s findings to the Supreme Court and recommend that such action be taken by the board.

Terms Used In South Dakota Codified Laws 16-19-60

  • 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: Supreme Court Rule 78-1, Rule V (a) (4); SL 2016, ch 246 (Supreme Court Rule 16-41), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.

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