16-19-35.1. Petition by board for temporary suspension.
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/sd/title-16/chapter-16-19/16-19-35-1·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The board may petition the Supreme Court to temporarily suspend an attorney from the practice of law or to impose restrictions or conditions on the attorney's practice pending full investigation, where the attorney poses a risk or danger to clients, clients' property, or the public, where the board can demonstrate a substantial likelihood that the attorney will ultimately be disciplined, and where the charges under investigation, if ultimately proven, would likely result in a suspension or disbarment.
The board counsel shall serve a copy of the petition upon the attorney by certified mail. The attorney shall file with the Supreme Court a response within ten days of service or at such time as the Supreme Court may direct, and serve a copy of the response on the board counsel. The Supreme Court may schedule a hearing before the Supreme Court or order a hearing to be conducted by a referee. To the extent possible, these proceedings shall be conducted on an expedited basis. The Supreme Court may deny the petition, suspend the attorney pending formal proceedings, impose upon the attorney restrictions or conditions for the continued practice of law, or enter protective and remedial orders as the Supreme Court deems appropriate.
A temporarily suspended attorney shall not practice law or act as a legal assistant except as provided by §§ 16-18-34.4 to 16-18-34.7 , inclusive.