16-23-6. Agreement for payment of recruitment assistance--Repayment upon breach. Any agreement for the payment of recruitment assistance pursuant to this chapter shall obligate the rural county or municipality served by the attorney to provide thirty-five percent of the total amount of the incentive payment in five equal annual installments. After the rural county or municipality certifies to the Unified Judicial System that the county or municipality has paid the attorney the annual amount and the State Bar of South Dakota or its designee has paid fifteen percent of the annual installment to the Unified Judicial System, the Unified Judicial System shall pay to the attorney the remaining balance of the total installment payment amount for that year. The Unified Judicial System shall pay the required amount out of funds appropriated pursuant to this chapter and the funds received from the State Bar of South Dakota pursuant to this chapter. A county or municipality may prepay its portion of the incentive payment at any time during the five-year period.
If an attorney has breached the agreement, the attorney shall repay all sums received pursuant to this chapter under the terms and conditions set by the Unified Judicial System. Failure to make repayment is grounds for discipline by the State Bar of South Dakota and the Supreme Court.
Source: SL 2013, ch 102, § 6; SL 2017, ch 93, § 8.
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