3-17-12. Suspension of state's attorney or sheriff pending prosecution.
If any state's attorney or sheriff is arrested for or charged with any offense against the laws of this state or the United States of America, and the Governor is informed that criminal proceedings are pending before any court or officer, the Governor shall in the case of a felony and may in the case of a misdemeanor suspend that state's attorney or sheriff from office until such charge is prosecuted. The effect of such a suspension is to relieve the affected state's attorney or sheriff from all responsibilities provided by law which are pertinent to that position.
Source: SL 1985, ch 28, ยง1.
Structure South Dakota Codified Laws
Title 3 - Public Officers and Employees
Chapter 17 - Removal From Office
Section 3-17-1 - Removal of constitutional state officers by Governor--Grounds--Notice and hearing.
Section 3-17-2 - Removal of appointive state officers by Governor without cause.
Section 3-17-3 - Removal of local law enforcement officers by Governor--Grounds.
Section 3-17-4 - Notice and hearing on removal of law enforcement officer.
Section 3-17-6 - Grounds for removal of local officers from office.
Section 3-17-7 - Proceedings for removal of local officer--Pleadings and process.
Section 3-17-8 - Suspension of local officer pending removal proceedings.
Section 3-17-10 - Officer allowed expenses of defense after judgment for him in removal proceedings.
Section 3-17-12 - Suspension of state's attorney or sheriff pending prosecution.
Section 3-17-13 - Effect of suspension.
Section 3-17-14 - Appointment of acting state's attorney or sheriff.
Section 3-17-15 - Compensation of acting state's attorney or sheriff.
Section 3-17-16 - Powers and duties of acting state's attorney or sheriff.
Section 3-17-17 - Restoration of state's attorney or sheriff to office.
Section 3-17-18 - Time for trial of state's attorney or sheriff.
Section 3-17-19 - Removal provisions unaffected.
Section 3-17-21 - Leave of absence status of suspended person.
Section 3-17-22 - Compensation and duties of temporary appointee.
Section 3-17-24 - Removal from office provisions unaffected.