Rule 16-16-7.6 through 16-16-7.7 of the Rules for Admission to Practice Law in South Dakota allow attorneys licensed to practice law in another jurisdiction within the United States to be admitted to practice in South Dakota while employed by the Unified Judicial System as its state court administrator.
Eligible attorneys also include those employed by the University of South Dakota Law School as a full-time administrator or full-time faculty member. Eligible full-time administrators or faculty members at the University of South Dakota Law School that hold such a position for five of the past seven years immediately preceding termination of that employment remain admitted despite ceasing that employment.
A full-time faculty member is one who during the academic year devotes substantially all working time to teaching and legal scholarship, participates in law school governance and service, and has no outside office or business activities. Full-time faculty members outside professional activities, if any, are limited to those that relate to major academic interests or enrich the faculty member’s capacity as scholar and teacher, are of service to the legal profession and the public generally, and do not interfere with his or her responsibility as a faculty member. Full-time faculty members may hold a joint appointment with the University of South Dakota law school and another college or school within the University of South Dakota.
Attorneys are subject to the rules and discipline of South Dakota.
Application and Certification
Attorneys must submit a sworn, written application to the South Dakota Supreme Court. The application includes:
- The address of the applicant.
- The jurisdictions where the applicant is licensed to practice law.
- A statement that the applicant is a member in good standing of the bar of the jurisdiction where he or she is licensed.
- A statement that the applicant has not been the subject of disciplinary action by the Bar or courts of any jurisdiction during the preceding
- A statement that the applicant has not been denied admission to the courts of any jurisdiction during the preceding five years.
- A statement that the applicant is familiar with the rules of the South Dakota Bar and will abide and comply with their provisions.
Attorneys are also required to file the following certificates and affidavits:
- A certificate of admission to the bar in the jurisdictions where the applicant is licensed.
- A certificate from the proper courts that the applicant is a member in good standing.
- A full-time administrator or faculty member, other than the full-time Dean, must also submit an affidavit of the law school Dean that the applicant is a full-time administrator or faculty member of the University of South Dakota law school in good standing and that the Dean recommends the applicant for admission to practice. A full-time administrator includes the Dean, librarian, associate or assistant deans, or other administrators holding academic appointment.
The admission to practice terminates upon:
- Passing the bar exam and admission to practice.
- Failure to sit for the first bar exam administered by the Board of Bar Examiners subsequent to the order of admission.
- Termination of the applicant’s employment with the University of South Dakota law school or a change in status of the applicant’s employment from full-time administrator or full-time faculty member to some other status. Admission does not terminate when the member’s employment at the University of South Dakota School of Law ceases and he or she has served as a full-time administrator or full-time member of that faculty and been admitted to the Bar in South Dakota for a minimum of five of the seven years immediately preceding the termination of employment.
- The termination of the applicant’s employment with the Unified Judicial System or a change in status of the applicant’s employment from state
court administrator to some other status.
- Termination by the South Dakota Supreme Court of the applicant’s admission.