Matter of Discipline of Kallenberger

SABERS, Justice.

The sole issue in this original proceeding is the appropriate discipline to be imposed.

FACTS

Donald Kallenberger (Kallenberger) was admitted to the practice of law in South Dakota on May 14th, 1979. He was in private practice and a State’s Attorney through 1988. After being defeated as State’s Attorney, Kallenberger continued in his practice as a sole practitioner in Eureka, South Dakota.

In February, 1992, Kallenberger was convicted of Failure to File Sales Tax Return (SDCL 10-45-48.1(4)), a Class I misdemeanor.1 A disciplinary action was commenced2 and the Supreme Court…