South Dakota Codified Laws
Chapter 16 - State's Attorney
Section 7-16-23 - Fees and costs in addition to salary--Full-time state's attorney.

7-16-23. Fees and costs in addition to salary--Full-time state's attorney.
Other than fees for child support enforcement services made upon the request of the Department of Social Services to a state's attorney 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, a board of county commissioners may not give or pay any fees or costs to a state's attorney as part of a salary or in addition to a salary. However, each board shall participate in the costs of the prosecution and enforcement by the state's attorney of support obligations against any responsible parent, whether of a civil or criminal nature, on a fee for service basis with the Department of Social Services. The fee is paid to the state's attorney in addition to any other compensation of the state's attorney for the performance of other public duties. 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 authorized by this section nor is a full-time state's attorney entitled to extra compensation for representation of the county or its officers in civil cases and administrative proceedings outside the county pursuant to §7-16-6.

Source: SDC 1939, §12.1308; SL 1977, ch 64, §2; SL 1978, ch 59; SL 1983, ch 44, §4; SL 1997, ch 46, §2.

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.