Breaking the “Closed Loop”: The Case for a Regional Bar Association
In South Dakota, the “Closed Loop” is a phenomenon well-known to those who have tried to challenge local authority. It is a system where the board member, the board’s lawyer, the State’s Attorney, and the Judge all live in the same area, belong to the same organizations, and rely on each other for professional survival.
The most impenetrable layer of this loop is the Unified State Bar of South Dakota.
The Problem: Buddies Judging Buddies
Currently, when a resident files a formal complaint against a lawyer—for example, for attempting to extort documents in exchange for public records or for facilitating the drafting of unlawful bylaws—that complaint is heard by the State Bar.
Because South Dakota has a relatively small legal community, the chances are high that the people reviewing the complaint are colleagues, friends, or even former partners of the lawyer being investigated. This “unified” system creates a natural incentive for form dismissals and “no merit” findings. To the average citizen, it feels less like a disciplinary board and more like a protection racket.
The “Regional Bar” Solution
To restore public trust, South Dakota should consider moving away from a single, centralized state bar for disciplinary matters and transition toward a Regional or Multi-State Disciplinary District.
How it would work:
Instead of South Dakota lawyers judging South Dakota lawyers, complaints would be shifted to a regional body encompassing neighboring states (such as North Dakota, Wyoming, or Montana).
The Benefits of a Regional System:
- Neutrality: A reviewer from Casper, Wyoming, or Bismarck, North Dakota, has no social or professional ties to a lawyer in Custer or Rapid City. They are less likely to “shine on” a complainant to protect a friend.
- Professional Distance: It eliminates the “fear of retaliation” among lawyers. Currently, a younger lawyer sitting on a disciplinary board may be hesitant to sanction a powerful, well-connected senior attorney who might one day influence their career or a future court case.
- Breaking the Monopoly: It forces legal ethics to be measured against a broader standard rather than the “accepted procedure” of a local “closed loop.”
A System Without Oversight is No System at All
When a State Bar dismisses a valid complaint in “record time” without addressing the specific statutory violations presented, it signals to the public that lawyers are above the law. By regionalizing the disciplinary process, we ensure that the “oath of office” taken by attorneys is a binding contract with the public, not just a suggestion among friends.
Conclusion
If we want to end the “closed loop” in our counties, we must first break the loop in our legal profession. A Regional Bar Association would provide the distance and objectivity necessary to ensure that “merit” is determined by the law, not by the name on the letterhead.