South Dakota Codified Laws 16-19-67. Findings of fact, conclusions of law, and recommendation of investigating agencyshall constitute a formal accusation
Formal disciplinary proceedings shall be conducted as follows:
(1) After investigation as provided in this chapter, the investigating agency may file with the Supreme Court findings of fact, conclusions of law or conclusions pertaining to violations of applicable Rules of Professional Conduct, and a recommendation for formal discipline. Such filing constitutes a formal accusation against the attorney.
Terms Used In South Dakota Codified Laws 16-19-67
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(2) A copy of the formal accusation shall be served upon the attorney by certified mail. Unless otherwise directed by the Supreme Court, the investigating agency shall continue to prosecute the formal proceedings. If the recommendation is for suspension or disbarment, it shall also include a finding as to the qualifications of the attorney to act as a legal assistant and a recommendation as to the restrictions or conditions of employment and supervision if the accused is allowed to act as a legal assistant under §§ 16-18-34.4 to 16-18-34.7, inclusive.
(3) The attorney shall answer the formal accusation within thirty days and admit or deny the allegations therein. If the attorney admits the allegations or fails to answer, the Supreme Court may proceed to render judgment.
(4) If the attorney denies the allegations, the matter shall be tried by the Supreme Court, or the Court may refer the matter for the taking of testimony and the making of findings and recommendations.
(5) A reference may be to any circuit court judge or to a referee appointed by the Supreme Court in the same manner as provided for reference of cases in the circuit court so far as applicable.
(6) The reference shall include the files and records of the board’s investigation of the attorney, including the transcript of any hearing conducted by the board.
(7) If the referee recommends suspension or disbarment, the referee shall also make a finding as to the qualifications of the attorney to act as a legal assistant and a recommendation as to restrictions or conditions or employment and supervision if the attorney is allowed to act as a legal assistant under §§ 16-18-34.4 to 16-18-34.7, inclusive.
Source: SDC 1939 & Supp 1960, § 32.1218; SDCL § 16-19-15; Supreme Court Rule 78-1, Rule XX(k); SL 1995, ch 304 (Supreme Court Rule 94-11); Supreme Court Rule 97-32; SL 2016, ch 246 (Supreme Court Rule 16-46), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.