Rule 16-16-7.1 through 16-16-7.5 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 before the courts of South Dakota while employed or associated with a bar association sponsored, or governmentally funded, legal aid bureau or public defender agency.
Eligibility
Attorneys must be members in good standing of the bar of another jurisdiction and must simultaneously file an application for admission to practice law in South Dakota with the application to practice for a legal aid bureau or public defender agency.
Attorneys cannot be subject to disciplinary action during the past five years and cannot be denied admission to the courts of any jurisdiction during the past five years.
Practice
Attorneys are allowed to practice in the courts or administrative agencies of South Dakota solely as a member of the legal aid bureau or public defender agency where he or she is employed. Attorneys cannot receive compensation from the client. The legal aid bureau or public defender agency may pay compensation to the attorney and may make charges for its services as properly required. 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 name and address of the legal aid bureau or public defender agency where the applicant will be employed.
- The name and address of the supervising attorney of the bureau or agency who must be a duly licensed attorney of South Dakota.
- 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
five years.
- 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 comply and abide by their provisions.
- A statement that the applicant has simultaneously filed with the Board of Bar Examiners an application for admission to the practice of law in
South Dakota.
Attorneys must also 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.
- Employer Affidavit. An affidavit of the supervising attorney that he or she is licensed to practice in South Dakota; that the applicant, upon admission, will be employed by and associated with the legal aid bureau or public defender agency; and the supervising attorney has found the applicant to be a reputable attorney and recommends his or her admission to practice.
The South Dakota Supreme Court may make an order of admission that is effective upon the filing of the oath of attorney.
Termination
The admission to practice terminates upon:
- The failure to sit for the first bar exam administered by the Board of Bar Examiners subsequent to the order of admission.
- The announcement of the results of the first bar exam following the applicant’s admission. If the individual passes the bar exam, admission continues in effect for 60 days. The applicant may proceed to be admitted to practice pursuant to § 16-16-17 (Admission).
The South Dakota Bar Exam means the combined MEE, MPT, and MBE administered by the Board.
- Termination of the applicant’s employment with the legal aid bureau or public defender agency where the applicant was admitted.
- Termination by the South Dakota Supreme Court of the applicant’s admission.
The supervising attorney of the legal aid bureau or public defender agency must inform the South Dakota Supreme Court immediately of the termination of employment of the attorney.