D.S.D. Crim. LR 44.1

A. Bar of the Court. The bar of this court consists of those attorneys admitted

to practice before this court.

B. Eligibility. Any person of good moral character who is an active member of

the State Bar of South Dakota is eligible for admission to the bar of this court

as hereinafter provided.

C. Procedure for Admission. An attorney who is eligible to practice law as

provided in section B of this rule may apply for admission to the bar of this

court. The application sequence is as follows:

1. The applicant must complete an application for admission.

2. The applicant must consent to an inquiry concerning the applicant=s

fitness and qualifications for admission. Submission of a completed

application is consent and waiver of privacy regarding inquiry into the

applicant’s fitness and qualifications.

3. The clerk of court will make any inquiry that may be deemed necessary

to obtain information concerning an applicant=s fitness and qualifications

to practice law.

4. At least two active judges in this district must approve the application

before an applicant may be admitted. In the absence of two active district

judges, a senior judge may be the second approving judge.

5. The clerk of court will report to a district judge in the division in which

an application for admission is pending the approval or disapproval of

the active judges.

6. When an application is approved or disapproved, the applicant will be

notified.

7. An applicant approved for admission will be contacted by the court to

schedule the applicant=s admission ceremony.

8. Within six months of being approved for admission, an applicant must

appear for an admission ceremony with a member of this bar who will

vouch for applicant=s legal qualifications, integrity, and good moral

character. Upon oral motion of a member of the bar, taking the prescribed

oath of admission, signing an oath of admission, and paying the required

fee, the applicant will be admitted to the bar of this court. Upon

admission, the clerk of court will issue a certificate of admission to the

new bar member.

D. Oath of Admission. The following oath/affirmation will be administered to

an applicant for admission to the bar of this court:

I solemnly affirm that I will support and defend the Constitution of

the United States, that I will represent my clients conscientiously and

ethically, and that I will conduct myself uprightly and according to

law in proceedings in this court.

E. Appearance of Attorney Pro Hac Vice. An attorney who is not a member of

the bar of this court, but who is a member in good standing of the bar of

another United States district court, may, upon motion and approval by the

court, participate in the conduct of a particular case. Such motion may be

allowed only if the applicant associates with a member in good standing of

the bar of this court as local counsel. Any prior or pending disciplinary

actions or actions resulting in sanctions against the attorney seeking

admission pro hac vice must be disclosed in the motion.

Local counsel must sign and file all documents and must continue in the

case unless another attorney admitted to practice in this court is substituted.

Local counsel must be present during all court proceedings (which include

telephone or video conference hearings) in connection with the case, unless

otherwise ordered, and must have full authority to act for and on behalf of

the client in all matters, including pretrial conferences, trial, and any other

hearings.

F. Attorneys for the United States and Federal Public Defender.

1. Resident Attorneys.

a. Regular Admission. Except as provided elsewhere by this rule, an

attorney who resides within this district and represents the United

States government or any agency or instrumentality thereof or the

Federal Public Defender=s Office must be admitted to the State Bar of

South Dakota before the attorney is permitted to practice before this

court.

b. Provisional Admission. An attorney who is a member of the bar of

another United States district court and has not yet been admitted

to the State Bar of South Dakota, but either is a:

(1) resident assistant United States attorney;

(2) resident attorney representing agencies of the United States

government; or

(3) resident assistant federal public defender has 12 months from the

date of the attorney=s oath of office for the position in South

Dakota to be admitted to the State Bar of South Dakota.

(4) If an attorney is on a term fellowship with the United States or

Federal Public Defender, that attorney may be admitted

provisionally to practice before this court for the period of that

fellowship.

During this period, the attorney may be admitted provisionally to practice

before this court.

The procedure for provisional admission follows the procedure for admission

outlined in Section C of this rule, except that resident attorneys provisionally

admitted will not pay the required fee until they are admitted to the State

Bar of South Dakota, at which time the clerk of court will issue a certificate

of admission to the attorney.

2. Nonresident Attorneys.

The following nonresident attorneys may be admitted on the attorney’s

motion, without payment of fees, to practice in this court during the pendency

of the attorney’s employment, appointment, or designation if the attorney is

a member in good standing of the highest bar of any state or the District of

Columbia. An application for admission is not required.

a. An attorney designated as ASpecial Assistant United States

Attorney@ by the United States Attorney for the District of South

Dakota;

b. An attorney appointed by the Attorney General of the United States

or employed by a federal agency with independent litigation authority

to represent the interest of the United States government;

c. An attorney hired by the Federal Public Defender=s Office for the

District of South Dakota; or

d. An attorney employed by the Federal Public Defender=s Office for the

District of North Dakota.

A judge advocate of the armed forces of the United States representing

the United States government in proceedings supervised by judges of this

court is not subject to this rule.

G. Attorney Discipline.

1. Automatic Suspension. Any member of the bar of this court who has

been suspended or disbarred from the Supreme Court of the State of

South Dakota or who has been convicted of any criminal offense in any

United States District Court will, upon appropriate notice from the clerk

of court, be suspended from practice before this court.

2. Discipline by this Court.

a. This court, independent of action taken by the Supreme Court of the

State of South Dakota, may disbar or suspend a member of the bar

of this court from practice for a definite time, or reprimand for good

cause shown, after opportunity has been afforded such member to

be heard.

b. An application for the disbarment or discipline of a member of the

bar of this court will be made to or before the chief judge of this

court unless otherwise ordered by the chief judge. At least two

district judges of this court will sit at the hearing of such application

unless the attorney against whom the disbarment or disciplinary

proceeding is brought states in writing or in open court the

member=s willingness to proceed before one district judge.

c. If an investigation is necessary, the chief judge, with the approval of

a majority of the district judges, will appoint a member of the bar

(hereinafter referred to as Ainvestigator@) to investigate charges

against any member of this bar. If, as a result of the investigation,

the investigator will be of the opinion that there has been a breach

of professional ethics by a member of this bar, the investigator, as

an officer of the court having special responsibilities for the

administration of justice, will file and prosecute a petition requesting

that the alleged offender be subjected to appropriate discipline,

including disbarment, suspension, or reprimand. The investigator

will be paid from the pro hac vice fund.

3. Disciplinary Record. The clerk of court keeps a separate attorney

discipline docket. Orders of disbarment, suspension and public

reprimand are a matter of public record. All other documents, hearings

and records required under the provisions of this Rule will not be publicly

disclosed or made available for use in any other proceeding, except upon

order of this court.

H. Reinstatement of Disbarred and Suspended Attorneys.

1. An attorney who has been disbarred or suspended in this court may

petition for reinstatement at any time. Upon the filing of such petition

with the clerk of court, the chief judge may appoint an investigator and

may enter an order setting a date for the hearing on said petition on

providing at least 21 calendar days’ notice. An attorney may be reinstated

without a hearing upon a unanimous vote of all district judges who desire

to participate in such determinations.

Any investigator appointed will investigate the facts alleged in the petition

for reinstatement and will present to the court, in affidavit form or

otherwise, any facts in support of or against the granting of said petition.

Two district judges of this court will sit at the hearing on said petition,

and the order denying or granting reinstatement will be made in writing

by said judges.

2. An attorney who has been disbarred or suspended by the Supreme Court

of the State of South Dakota and thereafter reinstated by that court to

practice in the state courts will not be permitted to practice in this court,

notwithstanding such reinstatement, until a petition for reinstatement

as prescribed in section 1 above, incorporating a certified copy of the

order of reinstatement by the Supreme Court of the State of South

Dakota, has been filed in this court and reinstatement ordered after a

hearing as above provided. The hearing may be waived by the attorney

with the consent of the court.

I. Law Students.

1. Student Practice. Any law student acting under a supervising attorney

will be allowed to make an appearance and participate in proceedings in

this court pursuant to these rules.

2. Eligibility. To be eligible to appear and participate, a law student must:

a. Be a student in good standing in a law school approved by the

American Bar Association.

b. Have completed legal studies amounting to four semesters or the

equivalent if the law school is on some basis other than a semester

basis.

c. File with the Clerk of court:

(1) A certificate by the dean of the law school that he or she is of

good moral character and meets the requirements of rule 44.1

I.2 and is qualified to serve as a legal intern. The certificate

should be in a form prescribed by the court.

(2) A certificate by the law student stating that he or she has read

and agrees to abide by the rules of the court, and all applicable

codes of professional responsibility and other relevant federal

practice rules. The certificate should be in a form prescribed by

the court.

(3) A notice of appearance must be filed in each case in which he

or she is participating or appearing as a law student. The

notice must be signed by a supervising attorney who is a

member of the bar or this court.

d. Be introduced to the court in which he or she is appearing by an

attorney who is a member of the bar of this court.

3. Certificate of Admission. Upon the completion and filing of the

certificates required by these rules, the clerk of court will issue a

certificate of admission to the law student in a form prescribed by the

court. This certificate expires contemporaneously with the expiration

date of the dean=s certificate unless it is sooner withdrawn. Any law

student=s certificate of admission may be terminated at any time by the

court without notice or hearing and without any showing of cause.

4. Restrictions. No law student admitted under these rules will:

a. Request or receive any compensation or remuneration of any kind

from the client. This will not prevent the supervising attorney, law

school, public defender, or the government from paying

compensation to the law student, nor will it prevent any agency from

making such charges for its services as it may otherwise properly

require.

b. Appear in court without the presence of the supervising attorney.

c. File any documents or papers with the court that he or she has

prepared which have not been read, approved, and signed by the

supervising attorney.

5. Supervising Attorneys. Any person acting as a supervising attorney

under this rule must be a member of the bar of this court and must:

a. Assume personal professional responsibility for the conduct of the

law student being supervised.

b. Sign all pleadings and other papers prepared by the law student.

c. Advise the court of the law student=s participation, always be present

with the student in court and be prepared to supplement oral or

written work of the student as requested by the court or as

necessary to ensure proper representation of the client.

d. Be available for consultation with the client.