Matter of Discipline of Russell

SEVERSON, Justice.

' [¶ 1.] This is a disciplinary proceeding against Lance Russell, a member of the State Bar of South Dakota. The Disciplinary Board of the State Bar recommended that Russell be publicly censured. The Referee, Retired Justice Robert A. Miller, also recommended a public censure. In his brief in response to the Referee’s findings of fact, conclusions of law, and recommendation, Russell asks this Court to dismiss the Board’s and the Referee’s recommendation. At oral argument, however, Russell’s counsel told the Court that a “private censure” with conditions imposed to ensure…