Rule 16-18-2 of the South Dakota Supreme Court Rules provides the rule regarding admission for attorneys licensed in other jurisdictions who are seeking pro hac vice admission.
Eligible attorneys are not licensed in South Dakota but are licensed to practice law in another jurisdiction within the United States.
An appearance in an administrative hearing under Chapter 1-26 must comply with the pro hac vice requirements, and the appearance is subject to the approval of the circuit court for the county where the hearing takes place or the circuit court for Hughes County, South Dakota.
Attorneys may participate in the trial or hearing of any particular case in South Dakota. Attorneys must associate with a practicing South Dakota lawyer and resident who personally participates with the nonresident attorney. Attorneys are subject to South Dakota’s disciplinary rules.
Attorneys are required to submit a motion for pro hac vice admission to the court where he or she seeks admission together with a fee and a local counsel motion. The nonresident attorney’s motion includes:
The local South Dakota lawyer’s motion must contain a statement that the resident attorney finds the applicant to be a reputable attorney and recommends his or her admission to practice before the court.
The judge may examine the nonresident attorney in order to ensure the nonresident attorney is aware of and will observe the ethical standards required by South Dakota attorneys. The judge may deny the motion in his or her discretion. If denied, the clerk will refund the fee.
If the attorney engages in professional misconduct after pro hac vice admission, the judge may revoke the admission to practice. The judge may also hold the attorney in contempt and refer the attorney to the disciplinary board.