South Dakota Codified Laws
Chapter 16 - State's Attorney
Section 7-16-3 - Appointment, qualifications, and powers of deputy attorneys.

7-16-3. Appointment, qualifications, and powers of deputy attorneys.
The state's attorney may appoint one deputy or limited deputy who shall be a duly licensed attorney and counselor at law having the qualifications required of state's attorneys, and if authorized by the board of county commissioners by resolution duly entered upon its minutes, the state's attorney may appoint one or more additional deputies or limited deputies, each of whom shall likewise be a duly licensed attorney and counselor at law having the qualifications required of state's attorneys. During such deputyship the person so appointed shall be vested with all the powers of the state's attorney, subject to the control of the state's attorney. A limited deputy shall be vested with only those powers specifically delegated by the state's attorney in writing at the time of his appointment, shall serve at the pleasure of the state's attorney and be under his supervision and control.

Source: SL 1891, ch 108, §1; RPolC 1903, §935; SL 1917, ch 191; RC 1919, §6005; SL 1921, ch 398; SL 1927, ch 194; SDC 1939, §12.1305; SL 1941, ch 31; SL 1985, ch 50, §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.