State News
Court refuses to reinstate lawyer
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FarkPIERRE — A Sioux Falls lawyer who once accused a judge of corruption has lost his bid for full reinstatement of his license to practice law in South Dakota.
Richard Hopewell can continue to practice law only under the supervision of another lawyer, the same restriction that has been applied to him since 1999, the state Supreme Court said Thursday in a unanimous decision.
Thursday’s ruling marked the fourth time the Supreme Court has ruled on Hopewell’s fitness to practice law.
The high court indefinitely suspended Hopewell’s law license in 1993 for comments he made when he ran for circuit judge in 1990. Hopewell accused his opponent, Circuit Judge Gene Paul Kean, of corruption, but he never offered proof of the claims.
During the campaign, Hopewell also acknowledged that he had been found nude and high on drugs in a local drug store in 1978. He claimed his political opponents had slipped him the hallucinogenic drug PCP, commonly known as angel dust.
Hopewell also sued a television station over a news report dealing with the 1978 incident, but the case was dismissed.
The Supreme Court in 1995 refused Hopewell’s request to be reinstated as a lawyer because the justices decided that he had not reformed and might not be mentally competent. Hopewell withdrew his second request for reinstatement in 1997 before the high court held any hearing.
But the Supreme Court in 1999 ruled that Hopewell had complied with all the requirements the court had previously set for his reinstatement. The court said Hopewell had to be supervised by another attorney, Richard L. Johnson of Sioux Falls, during a five-year probationary period, and Johnson had to approve any documents Hopewell filed in court.
During the probation period, Hopewell also was required to attend at least 15 hours of legal education programs each year and have legal malpractice insurance.
After the disciplinary period, the Disciplinary Board recommended that Hopewell regain his ability to practice law without being under another lawyer’s supervision.
But the Supreme Court said Hopewell did not get malpractice insurance or take continuing legal education until late in the probation period. Even though Hopewell was not practicing law until that time, he should have complied with the requirements to get insurance and take classes, the justices said.
In addition, Hopewell’s performance in a custody case shows he needs to continue under supervision, the high court said.
Hopewell disrupted the hearing with many objections, constant interruptions, and disjointed and convoluted questioning, the Supreme Court said. Circuit Judge Kathleen Caldwell asked Hopewell’s supervising attorney to finish the case, and she recommended that Hopewell not be allowed to practice without supervision.
The Supreme Court agreed that Hopewell should only practice under the supervision of another lawyer.
“This is especially true due to his limited practice and his desire to represent those in society who are the most vulnerable and in need of competent, stable legal representation,” Chief Justice David Gilbertson wrote for the court.
The court noted that when the Disciplinary Board dealt with the case last year, Hopewell was handling only three active cases, and health problems allowed him to practice only about 15 hours a week.
Hopewell told the board: “I really just want to fade in the sunset with my respect and dignity intact.”
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