South Dakota Bar Reciprocity

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South Dakota bar reciprocity relies upon rules 6-16-12.1 and 12.2. This regulation, known as Admission without an Examination, indicates how attorneys that are licensed in other states can be licensed in the state of South Dakota. To be admitted to practice in South Dakota attorneys in other states must:

  • Have admitted via bar exam in another jurisdiction allowing similar admission standards to that of South Dakota (such as through the UBE)
  • Or have engaged in active legal practice in any of the states or territories of the United States for a minimum of 5 years out of 7 years.

South Dakota Bar Reciprocity: Admission on Motion

Attorneys must be admitted in another jurisdiction, known as the admission on motion process, before they can be considered a licensed South Dakota attorney. South Dakota Bar Reciprocity admission is based upon the receipt of a complete bar application.

Reciprocal Jurisdictions

South Dakota has a list in which it has reciprocity with certain states. The list is below as follows but can change at any time.

Alaska Arizona
Colorado
District of Columbia Georgia New York
Idaho
North Dakota
Ohio
Iowa Oklahoma
Kansas Oregon
Kentucky Pennsylvania
South Dakota
Massachusetts Tennessee
Texas
Minnesota Utah
Mississippi Vermont
Missouri Virginia
Montana Washington
Nebraska Wisconsin
New Hampshire

The following states allow South Dakota attorneys reciprocity but South Dakota does not allow reciprocity from these states attorneys (Oregon, Utah, Oklahoma, Arkansas, Kentucky Virginia, New Hampshire)

Additional South Dakota Reciprocity Requirements

  • Law Degree from a ABA law school
  • Good standing in all other jurisdictions where admitted before bar exam
  • No failure of the bar exam within 5 years of a previous application for admission
  • Passage of the MPRE (85 or more)
  • Active practice of law in at least one star for 5 of 7 years (active license and at least 1,000 hours per year in law practice and made at least 50% of their income not from an investment from the practice.)
    • In-house counsels (can not be used for duration requirement)
    • Legal Professors
    • Judicial Law Clerks
    • Judges
    • JAG Attorneys

 

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