PRESS RELEASE
For Immediate Release: Dec. 20, 2023
Contact: Alisa Bousa, Public Information Officer,Alisa.Bousa@ujs.state.sd.us, 605.773.2031
Steering Committee Issues Bar Admissions Final Report and Recommendations to Supreme Court
PIERRE, S.D.— A steering committee appointed to study the bar admissions process in South Dakota has issued its final report and recommendations to the South Dakota Supreme Court.
The Supreme Court appointed the steering committee after considering the existing challenges and increasing interest and discussion about bar admission in South Dakota. The group engaged in a collaborative and inclusive process over this past year with active participation from the judiciary, state bar, Board of Bar Examiners and the University of South Dakota Knudson School of Law.
In its final report, the steering committee is recommending an alternative pathway that incentives public interest law practice. This pathway would offer law students seeking to practice public interest law or serve underserved rural areas of the state a fast track to admission without examination. The students must complete required curriculum and an externship with one or more training attorneys, along with committing to two years of public service post-graduation.
The public interest pathway, if adopted by the Court, would build on South Dakota’s work to address unmet legal needs and would immediately help public defender’s offices, attorney general’s office, state’s attorneys, civil legal aid providers and other local government legal departments.
“The South Dakota legal community is at a crossroads, trying to ensure that new admittees to the South Dakota Bar have the minimum competence to practice law while also addressing the growing unmet justice needs of South Dakotans,” according to the South Dakota Bar Licensure Assessment Final Report. “Public defender offices across South Dakota report large and growing case sizes per attorney, civil legal aid providers are turning away as many indigent people with unmet legal needs as they can serve, and other public service agencies share the challenges of filling attorney vacancies. These challenges are experienced statewide, but there are also acute challenges in meeting the legal needs of rural communities across South Dakota.”
Other steering committee recommendations are to continue with the current bar examination on a short-term basis and to study and consider adopting the NexGen Bar Examination when it becomes available in 2026 or 2027. The committee also recommends maintaining a requirement that all licensed South Dakota attorneys demonstrate knowledge of Indian law through a course of study or through the bar examination.
The Supreme Court will take public comment on these proposals at a formal hearing on a date to be announced and will consider potential rules changes later in the year. Read the full report.
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About South Dakota Courts: The Unified Judicial System (UJS) consists of the Supreme Court, Circuit Courts and State Court Administrator’s Office. The Supreme Court is the state’s highest court and final decision maker on South Dakota law. The Circuit Courts are the state’s trial courts where criminal proceedings and civil litigation are handled. The State Court Administrator’s Office provides centralized administrative assistance and support services for the South Dakota judiciary. Learn more at https://ujs.sd.gov.