Transfer to medical inactive status for a medical condition.

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16-19-48. Transfer to medical inactive status for a medical condition.

If, during the course of a disciplinary investigation or proceeding, the attorney claims to be unable to assist in the attorney's defense to a disciplinary complaint because of a medical condition, the Supreme Court shall enter an order immediately transferring the attorney to medical inactive status until a determination is made of the attorney's ability to comply with the Rules of Professional Conduct and §16-19-31. The determination shall be made in a proceeding instituted in accordance with the provisions of §16-19-89. An attorney transferred to medical inactive status shall not practice law. An attorney transferred to medical inactive status shall not act as a legal assistant except as provided by §§16-18-34.4 to 16-18-34.7, inclusive. The Supreme Court shall enter such orders as are necessary to notify the attorney's clients of the attorney's change in status.

Source: Sup. Ct. Disc. Rules Aug. 28, 1974, §6 (c); SDCL Supp, 16-19 Appx.; Supreme Court Rule 78-1, Rule XV (c); Supreme Court Rule 97-29; SL 2018, ch 298 (Supreme Court Rule 18-07), eff. July 1, 2018.


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