Opinion
No. 03-24
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 16-16-12.2 and the Court having considered the proposed adoption, the correspondence and oral presentations relating thereto, if any, and being fully advised in the premises, now, therefore, it is
ORDERED that SDCL 16-16-12.2 be and it is hereby adopted to read in its entirety as follows:
16-16-12.2. Admission without examination-Application requirements. The application for admission without examination shall be filed with the secretary of the board of bar examiners in such form as the board shall prescribe. The failure of an applicant to furnish information or answer truthfully interrogatories of the board pertinent to the application may result in denial of the application. The application shall be accompanied by:
a. the applicable fees;
b. the criminal background check required by SDCL 16-16-2.6;
c. a certified copy of the application for admission to the bar in each jurisdiction in which the applicant has previously been admitted to practice law;
d. a certification of admission to practice by the admitting authority in each jurisdiction that the applicant identified in (c) as having admitted the applicant to the bar;
e. a certification from the proper authority in each jurisdiction where the applicant has been admitted stating that the applicant is in good standing;
f. a certification by the attorney disciplinary authority in each jurisdiction where the applicant has been admitted to the bar of the applicant's disciplinary history and indicating whether the applicant is the subject of a pending complaint or charge of misconduct;
g. a report of the National Conference of Bar Examiners as to the applicant's character; and
h. a copy of the rule in the state in which the applicant has been practicing law which allows South Dakota attorneys substantially similar admission without examination.
To the extent thin the state has additional requirements for South Dakota lawyers seeking admission without examination, the board of bar examiners may impose the same additional requirements for applicants seeking admission in South Dakota without examination.
IT IS FURTHER ORDERED that this rule shall become effective January 1, 2004.
DATED at Pierre, South Dakota, this 29th day of September, 2003.