South Dakota Codified Laws 16-19-84. Petition and hearing on reinstatement–Advance cost deposit–Burden of proof
A petition for reinstatement by a disbarred or suspended attorney under § 16-19-87 may be filed with the board secretary. The petition shall be accompanied by a deposit in an amount to be set by the board to cover prior proceedings and anticipated expenses of the reinstatement proceeding. Upon receipt of the petition and the deposit, the board shall promptly schedule a hearing at which the petitioner shall have the burden of demonstrating by clear and convincing evidence that the petitioner has the moral qualifications, competency, and learning in law required for admission to practice law in this state and that petitioner’s resumption of the practice of law within the state will not be detrimental to the integrity and standing of the bar, the administration of justice, or subversive of the public interest.
Terms Used In South Dakota Codified Laws 16-19-84
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Source: Supreme Court Rule 78-1, Rule XIV (c), (e); Supreme Court Rule 89-19; SL 2016, ch 246 (Supreme Court Rule 16-62), eff. July 1, 2016; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.