23A-40-7. Representation provided by county or municipality for indigents detained without formal charge.
The board of county commissioners of each county and the governing body of any municipality shall provide for the representation of indigent persons described in §23A-40-6. The board or body shall provide this representation by any or all of the following:
(1)Establishing and maintaining an office of a public defender;
(2)Arranging with the courts in the county to appoint attorneys on an equitable basis through a systematic, coordinated plan; or
(3)Contracting with any attorney licensed to practice law in this state.
In those counties which have established an office of public defender, any proceedings after judgment may be assigned to the public defender. The provisions of chapter 5-18A do not apply to this section.
Source: SL 1979, ch 159, §§34, 35; SL 1998, ch 152, §1; SL 2011, ch 2, §132.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 40 - (Rule 44) Counsel For Indigent Defendant
Section 23A-40-8 - Compensation of assigned counsel.
Section 23A-40-9 - Compensation of assigned counsel for services after judgment and conviction.
Section 23A-40-11 - Lien created against property of person for whom counsel provided--Limitation.
Section 23A-40-12 - Public defender's lien.
Section 23A-40-13 - Statement of claim filed--Enforceability of lien.
Section 23A-40-14 - Enforcement or disposition of lien.
Section 23A-40-15 - Foreclosure prohibited upon homestead or exempt personal property.
Section 23A-40-16 - Correction of mistake in lien record at request of adversely affected person.
Section 23A-40-17 - Court appointed attorney and public defender payment fund established.
Section 23A-40-21 - Training on mental illness and services.