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2024 Op. S.D. Att'y Gen. 1 (2024)

handle is hein.sag/sagsd0076 and id is 1 raw text is: MARTY J. JACKLEY
ATTORNEY GENERAL

STATE OF SOUTH DAKOTA
OFFICE OF ATTORNEY GENERAL
1302 East Highway 14, Suite 1
Pierre, South Dakota 57501-8501
Phone (605) 773-3215
Fax (605) 773-4106
http://atq.sd.qov

BRENT K. KEMPEMA
CHIEF DEPUTY

March 12, 2024
Tracy L. Kelley
Custer County State's Attorney
420 Mt. Rushmore Rd.
Custer, SD 57730
OFFICIAL OPINION No. 24-01
Re: Official Opinion Concerning the Ability of Full-Time State's Attorneys to
Engage in the Private Practice of Law
Dear State's Attorney Kelley,
In your capacity as the State's Attorney for Custer County you have requested
an official opinion from the Attorney General's Office on the following question:
QUESTION:
Does SDCL § 7-16-9 prohibit full-time state's attorneys from engaging in the
private practice of law, outside of their state's attorney's position, whether done
with or without compensation?
ANSWER:
No. SDCL § 7-16-19 only prohibits a full-time state's attorney from
representing a private party in a civil or criminal proceeding pending in the
courts of the State. SDCL § 7-16-9 does not prohibit a full-time state's
attorney from otherwise engaging in the private practice of law.

1

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