23A-40-9. Compensation of assigned counsel for services after judgment and conviction.
If proceedings after judgment and conviction are taken, by motion in arrest of judgment, motion for a new trial or any presentence or post-sentence proceedings, or an appeal to the Supreme Court, an allowance for a sum as may be reasonable and just for the services rendered and for necessary expenses and cost incident to the proceedings shall be allowed to counsel assigned by the court pursuant to §23A-40-6 and subdivision 23A-40-7(2), in an amount to be set by a judge of the circuit court or a magistrate judge within guidelines established by the presiding judge of the circuit court.
Source: SDC 1939, §34.1901; SL 1957, ch 182; SDCL, §§23-2-2, 23-2-3; SL 1968, ch 147; SL 1969, ch 155; SL 1978, ch 178, §493; SDCL Supp, §23A-40-4; SL 1979, ch 159, §35; SL 1983, ch 191, §2.
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.