South Dakota Codified Laws
Chapter 16 - State's Attorney
Section 7-16-18 - Extra fees for official business--Representation of private parties--Judicial office--Full-time state's attorney.

7-16-18. Extra fees for official business--Representation of private parties--Judicial office--Full-time state's attorney.
Other than fees payable for child support enforcement services upon request of the Department of Social Services under a cooperative agreement with the board of county commissioners, fees payable upon request of the Department of Social Services under a cooperative agreement with the board of county commissioners under the Violence Against Women Act, 42 USC 3796gg et seq. as of January 1, 1997, and fees payable under contract for representation of the county or its officers in civil cases and administrative proceedings outside the county pursuant to §7-16-6 or fees payable for representation of a board or commission acting pursuant to chapter 46A-10A, the state's attorney may not receive any fee or reward from or on behalf of any prosecutor or other individual for services in any prosecution or business to which it is the state's attorney's official duty to attend, nor be concerned as attorney or counselor for either party, other than for the state or county, in any civil action depending on the same state of facts upon which any criminal prosecution commenced, but undetermined, shall depend. No state's attorney, while in office, is eligible to hold any judicial office. A full-time state's attorney, as defined by §7-16-19, is not entitled to receive the fees payable for child support enforcement services or services under the Violence Against Women Act provided herein, nor is a full-time state's attorney entitled to extra compensation for representing the county or its officers in civil cases and administrative proceedings outside the county provided herein or for representing a board or commission acting on drainage matters.

Source: SDC 1939, §12.1307; SL 1977, ch 64, §1; SL 1983, ch 44, §3; SL 1986, ch 378, §3; SL 1997, ch 46, §1.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 7 - Counties

Chapter 16 - State's Attorney

Section 7-16-1 - Election at general election--Oath and bond--Licensed attorney required.

Section 7-16-2 - Judicial appointment of acting attorney in event of absence, inability, or disqualification--Fees.

Section 7-16-3 - Appointment, qualifications, and powers of deputy attorneys.

Section 7-16-4 - Deputy for desertion and public welfare laws in large counties.

Section 7-16-5 - Salaries of deputies.

Section 7-16-6 - Employment of counsel to assist state's attorney in trial--Employment of state's attorney or deputy in proceedings outside county.

Section 7-16-7 - Employment of special investigative agents--Qualifications--Compensation--Records.

Section 7-16-7.1 - Employment of paralegal and secretarial assistance.

Section 7-16-8 - Opinions and advice to county officers--Fees.

Section 7-16-9 - Prosecution and defense of actions for state and county--Proceedings outside county or in federal court.

Section 7-16-9.1 - Examination of cases where offender committed or released on bail.

Section 7-16-10 - Prosecution of preliminary informations before magistrate.

Section 7-16-11 - Attendance and advice to grand jury--Issuance of process.

Section 7-16-13 - Prosecution of actions by public authorities for child support.

Section 7-16-14 - Actions against county commissioners for misconduct in office.

Section 7-16-15 - Continuation of prosecution or defense after change of venue.

Section 7-16-16 - Reimbursement of traveling expenses incurred on official business--Mileage allowances.

Section 7-16-17 - Reimbursement of expenses outside county.

Section 7-16-18 - Extra fees for official business--Representation of private parties--Judicial office--Full-time state's attorney.

Section 7-16-19 - Full-time position--Private practice prohibited.

Section 7-16-19.1 - Part-time state's attorney--Office at business address authorized.

Section 7-16-20 - Duplicate receipts issued for fines, penalties, and costs received.

Section 7-16-21 - Deposit and accounting for fines, penalties, and costs received--Failure to account as theft.

Section 7-16-22 - Action on attorney's bond for recovery of money received.

Section 7-16-23 - Fees and costs in addition to salary--Full-time state's attorney.

Section 7-16-24 - Consolidation of office of state's attorney to create office of regional prosecutor.

Section 7-16-25 - Establishment of office of regional prosecutor--Notice requirement--Option to withdraw from or modify agreement--Election of state's attorney.

Section 7-16-26 - Agreement to create office of regional prosecutor--Specifications of office.

Section 7-16-27 - Election district for office of regional prosecutor.

Section 7-16-28 - Election of state's attorney for office of regional prosecutor--Oath of office, bond and eligibility requirements.

Section 7-16-29 - Application of chapter.

Section 7-16-30 - Amendment or modification of regional prosecutor agreement--Existing and future terms.

Section 7-16-31 - Residency requirements for state's attorney in counties with low population.