7-16-6. Employment of counsel to assist state's attorney in trial--Employment of state's attorney or deputy in proceedings outside county.
In all criminal cases and in civil cases if the county is a party, if two or more attorneys are employed by the defendant in a criminal case or by the opposite party in civil cases the board of county commissioners may employ counsel to assist the state's attorney in the trial of the cases at the compensation that is agreed upon between the board and counsel. In civil cases or administrative proceedings outside the county if the county or any county officers are named as parties, the board of county commissioners or county officers, if bringing suit in their official capacities or if sued in their individual or official capacities, may employ the county's state's attorney, deputy state's attorney, limited deputy state's attorney or any firm, association or corporation with whom the state's attorney, deputy state's attorney or limited deputy state's attorney is affiliated, to prosecute or defend the actions, and compensation in addition to the state's attorney's salary may be paid for the legal services.
Source: SL 1901, ch 93, §1; RPolC 1903, §944; RC 1919, §6014; SDC 1939, §12.1306; SL 1983, ch 44, §2; SL 1985, ch 50, §3.
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.