If, upon due consideration of the matter, the Supreme Court concludes that the attorney is not competent to continue to practice law because of a medical condition as defined by subdivision 16-19-29(1), it shall enter an order transferring the attorney to medical inactive status until further order of the Court. Any pending disciplinary proceeding against the attorney shall be held in abeyance. An attorney transferred to medical inactive status shall not be permitted to practice law or 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 16-19-92

  • 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 (b); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XV (b); Supreme Court Rule 97-35; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.