7-16-2. Judicial appointment of acting attorney in event of absence, inability, or disqualification--Fees.
The circuit court, whenever there shall be no state's attorney for the county or when the state's attorney is absent or unable to attend to his duties or is adversely interested or disqualified, may appoint, by an order to be entered in the minutes of the court, some duly licensed attorney and counselor at law to perform for the time being the duties required by law to be performed by the state's attorney and the person so appointed shall thereupon be vested with all the powers of such state's attorney for that purpose; and the circuit court shall, by an order in the minutes of the court, fix his fees therefor, which amount shall be allowed by the board of county commissioners and when so ordered by the court shall be deducted from the salary of the state's attorney. Nothing in this section shall be so construed as to give the court power to permanently fill vacancies in such office.
Source: SL 1883, ch 43, §7; CL 1887, §434; SL 1889, ch 59, §1; RPolC 1903, §934; SL 1905, ch 90; RC 1919, §6004; SDC 1939, §12.1304.
Structure South Dakota Codified Laws
Section 7-16-1 - Election at general election--Oath and bond--Licensed attorney required.
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 7-16-7 - 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 7-16-9.1 - 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 7-16-17 - Reimbursement of expenses outside county.
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 7-16-22 - 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 7-16-26 - Agreement to create office of regional prosecutor--Specifications of office.
Section 7-16-27 - Election district for office of regional prosecutor.
Section 7-16-29 - Application of chapter.
Section 7-16-31 - Residency requirements for state's attorney in counties with low population.