April 29, 2025:
Nine University of South Dakota Knudson School of Law students have been selected to take part in a new public service pathway bar admission pilot program.
This initiative creates an alternative route to bar licensure in South Dakota by combining legal education, practical experience, and a public service commitment without requiring the traditional bar exam. Law school students selected for the program must complete a minimum of two years of full-time public service employment upon admission to practice law in the state.
From 13 applicants, the Knudson School of Law in partnership with the host public service entities selected nine individuals to be the first participants in the pilot program. Participants have been placed to work with the following public service entities: Minnehaha County Public Defender’s Office in Sioux Falls, Brown County State’s Attorney’s Office in Aberdeen, Minnehaha County State’s Attorney’s Office in Sioux Falls, Pennington County State’s Attorney’s Office in Rapid City, and the Federal Public Defender’s Office in Sioux Falls.
“This program reflects our commitment to shaping lawyers who are not only skilled and ethical but also dedicated to serving the public good,” said Knudson School of Law Dean Neil Fulton. “It provides an innovative, rigorous pathway to licensure that emphasizes real-world experience and professional responsibility. We are proud to partner with the South Dakota judiciary and local public service entities to help meet the legal needs of our communities.”
The host public service entities will offer a variety of experiences and opportunities for program participants to demonstrate competence in the law. Attorneys with the host entities will supervise, mentor and assist each participant.
Program participants will be required to submit a portfolio of work product during the program. The Board of Bar Examiners will evaluate the work product and perform a character and fitness review of each participant before making a recommendation regarding a participant’s admission to practice as an attorney in South Dakota.
The five-year public service pathway bar admission pilot program is administered through the cooperation of the University of South Dakota Knudson School of Law and the South Dakota Board of Bar Examiners. The program is open to students at the University of South Dakota Knudson School of Law and limited to a maximum of 10 students that meet specific criteria in each law school class during the pilot.
February 24, 2025:
The South Dakota Supreme Court adopted rules (Feb. 21, 2025) implementing a five-year pilot program providing a public service pathway to bar admission. Adoption of the rules followed a hearing on Feb. 18, 2025. Read the rules.
The Supreme Court appointed an implementation committee in 2024 as the result of a recommendation to explore alternative paths to bar admission. The South Dakota Bar Licensure Implementation Committee proposed a five-year public service pathway to bar admission pilot program. This initiative creates an alternative route to bar licensure by combining legal education, practical experience and public service commitments, without requiring a traditional bar exam.
Administered through the cooperation of the University of South Dakota Knudson School of Law and the South Dakota Board of Bar Examiners, this pilot program will incorporate a supervised practice program with the current character and fitness review process. If all requirements are met to the Board’s satisfaction and the participants commit to two years of public service, the participants will be admitted into the practice of law.
The program will only be open to students at the University of South Dakota Knudson School of Law and will be limited to a maximum of 10 students that meet specific criteria in each law school class during the pilot.
January 25, 2024:
South Dakota Supreme Court Chief Justice Steven R. Jensen sent a letter to members of the state bar today (Jan. 25, 2024) outlining upcoming and possible changes in legal education and bar admissions.
Jensen said the bar examination will be around for most applicants for admission, however, the court will move to the NextGen bar exam. He says it’s more focused on the practical application of the law, but it’s still being developed and may not be available until 2026– at the earliest.
Jensen said the Bar Admission Study Steering Committee also recommends that a future lawyer needs to either pass an Indian Law question on the bar or take an Indian Law course at an American Bar Association-accredited law school.
The Chief Justice also noted the alternative public service pathway recommendation without having to take a bar examination. He says in addition to the traditional law school grading of their course work, the Board of Bar Examiners would independently review the portfolio of work from the students during the program to assess minimum competence to practice law.
Jensen says students going through the public service route must also pass the Multistate Professional Responsibility Exam and pass a character and fitness review from the Board of Bar Examiners. Those who meet these requirements would be licensed to practice law upon graduation from the University of South Dakota Law School.
“The public service pathway to admission has the potential to create law students who are more practice-ready upon graduation and committed to work in a public service field,” the Chief Justice wrote.
There will be a webinar on Feb. 2, 2024, for South Dakota lawyers to learn more about the recommendations from the Steering Committee.
Story courtesy of Todd Epp, South Dakota Broadcasters Association.
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