Opinion
No. 03-23
September 29, 2003
A hearing having been held on August 28, 2003, at Pierre, South Dakota, relating to the adoption of a new rule to be designated at SDCL 16-16-12.1 and the Court having considered the proposed adoption, the correspondence and oral presentation relating thereto, if any, and being fully advised in the premises now, therefore it is
ORDERED that SDCL 16-16-12.1 be and it is hereby adopted to read in its entirety as follows:
16-16-12.1 Admission without examination. Eligibility by practice. An applicant may be eligible for admission without examination if the applicant:
a. meets the requirements of SDCL 16-16-2;
b. furnishes satisfactory evidence of graduation from a law school accredited by the American Bar Association, and;
c. Provides documentary evidence showing that for the last five(5) years immediately preceding the application for admission without examination, the applicant, as principal occupation, has been actively, continuously, and lawfully engaged in the practice of law as:
1) a sole practitioner
2) a member of a law firm, professional corporation or association;
3) a judge in a court of record;
4) an attorney for any local or state governmental entity;
5) inside counsel for a corporation, agency, association or trust department; and/or,
6) an attorney to the federal government or a federal governmental agency including service as a member of the Judge Advocate General Department of one of the military branches of the United States;
IT IS FURTHER ORDERED that t this rule shall become effective January 1, 2004.
DATED at Pierre, South Dakota, this 29th day of September, 2003.