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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