South Dakota Codified Laws 16-19-88. Transfer to medical inactive status of attorney subject to certain judicialdeterminations or orders
Where there is a determination by a court in any state that an attorney is a protected person as that term is defined in § 29A-5-102 or is the subject of a court order directing commitment to or inpatient treatment in a healthcare or treatment facility for a medical condition, the Supreme Court, upon proof of that fact, shall enter an order transferring such attorney to medical inactive status effective immediately and until the further order of the Court. A copy of such order shall be served upon such attorney, the attorney’s guardian, and/or the director of the institution to which the attorney has been committed in such manner as the Court may direct. 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 16-19-88
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
Source: Sup. Ct. Disc. Rules Aug. 28, 1974, § 6 (a); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XV (a); SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.