Upon application for reinstatement by an attorney on medical inactive status, the Supreme Court may take or direct such action as it deems necessary to determine whether the attorney’s medical condition no longer affects the attorney’s ability to competently practice law, including an examination of the attorney by such qualified medical experts as the Court shall designate. In its discretion, the Court may direct that the expense of such an examination be paid by the attorney. The Supreme Court may require that the attorney establish further proof of competence and learning in law, which proof may include providing certification by the board of bar examiners that the attorney successfully completed all or any portion of the South Dakota bar examination after transfer to medical inactive status.

Terms Used In South Dakota Codified Laws 16-19-97

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