SDCL tit. 16, ch. 19, app TO CHAPTER 16-19
These rules describe the usual procedures employed by the board in the discharge of its duties to investigate complaints alleging attorney misconduct. However, procedures may vary in individual cases as the board may in its discretion determine necessary according to the circumstances being investigated and the conduct of the attorney. Questions or requests for variance should be addressed to the member to whom a complaint has been assigned.
1. Each complaint received by the board secretary that is not dismissed pursuant to § 16-19-44 shall be distributed to the members of the board and board counsel for investigation and assigned to one member of the board who shall administer the initial investigation. The board secretary shall:
(a) Acknowledge receipt and notify the complainant of the name and address of the board member to whom the complaint has been assigned;
(b) Provide a copy of the complaint to the attorney who is the subject of the complaint along with the name and address of the assigned board member;
(c) Instruct the attorney to respond in writing, not to exceed ten pages, to the assigned board member within ten days along with nine copies of the response for distribution; and
(d) Advise the complainant and the attorney of the provisions of § 16-19-99 concerning confidentiality.
2. Upon receipt of the attorney's written response the assigned board member shall distribute copies to the board members and board counsel and shall mail a copy to the complainant for a written reply.
3. The assigned board member shall continue the investigation by mail or in person until the matter is ready for board determination and may engage the assistance of board counsel.
4. The board may act on the complaint by mail or at a regular or special meeting as follows:
(a) Dismiss the complaint if the alleged facts do not constitute a violation of the rules governing attorney conduct or the attorney's oath. The board may, by a separate and unanimous vote, expunge the attorney's record of the dismissed complaint.
(b) Continue the investigation or take such further action with respect to the attorney's conduct as the board deems appropriate.
5. In the event that the board deems it appropriate to have a hearing before the board concerning the attorney's alleged conduct, the hearing shall be conducted in the following manner:
(a) Notice shall be given to the attorney by board counsel by certified mail, return receipt requested, not less than ten days prior to the hearing and shall include a reference to these rules and to the Rules of Professional Conduct.
(b) A transcript shall be kept by a court reporter.
(c) The chair or a board member designated by the chair shall conduct the hearing with a quorum of the board present.
(d) The chair shall advise the attorney of the right to be heard, to offer witnesses, to be represented by counsel, and to have a record of the proceedings kept. The procedure shall be as follows:
(1) The attorney, after being sworn or the attorney's counsel may make a statement and may examine the attorney.
(2) Witnesses on behalf of the attorney may testify after being sworn. Witnesses will be examined first by the attorney or the attorney's counsel and thereafter by board counsel and members of the board.
(3) The attorney shall be examined by board counsel and board members.
(4) The complainant or other witnesses may be called and examined by board counsel and members of the board. The attorney or the attorney's counsel may cross-examine the complainant or other witnesses called by the board.
(5) The attorney or the attorney's counsel or both may make a closing statement subject to such time limits as the board may require.
(6) The board shall consider the matter off the record and out of hearing of the attorney and in closed session.
(e) The board may dismiss the complaint, caution or admonish the attorney, impose conditions on the attorney pursuant to § 16-19-60, impose a private reprimand pursuant to § 16-19-61, or commence formal disciplinary proceedings pursuant to § 16-19-67, et seq.
(f) If the board's decision is within the purview of § 16-19-61, the attorney may, within ten days of receipt of the board's decision, file written objections. The objections will be considered by the board by means of written or electronic correspondence among the members or at a special meeting if deemed appropriate.
(g) The board shall notify the attorney by mail of changes, if any, in the findings and recommendations made as a result of the objections.
(h) The board shall notify the complainant of the board's decision when it is final.
SDCL tit. 16, ch. 19, app TO CHAPTER 16-19