7-16A-12. Assignment of substitute when public defender unable to perform--Duty--Compensation of substitute.
If at any stage of proceedings, including appeal or other post-judgment proceedings, a public defender is unable to represent an indigent person, because of a conflict of interest or other good cause, the court concerned may assign a substitute private attorney to represent the indigent person.
A substitute attorney has the same duty to the indigent person as the public defender for whom the attorney is substituted. The court shall prescribe reasonable compensation for the substitute attorney and approve the expenses necessarily made by the attorney for the defense of the indigent person in the manner pursuant to §23A-40-8.
Source: SL 1978, ch 152, §10; SL 2016, ch 44, §36.
Structure South Dakota Codified Laws
Section 7-16A-1 - Establishment of office by commissioners' resolution.
Section 7-16A-2 - Joint office established by two or more counties.
Section 7-16A-3 - Provisions by establishing board for office.
Section 7-16A-4 - Advisory committee to be established--Composition--Chairman.
Section 7-16A-5 - Appointment and qualifications of public defender.
Section 7-16A-6 - Employment of personnel for defender's office--Administration.
Section 7-16A-7 - Qualifications of assistant defenders--Assignment to cases.
Section 7-16A-8 - Facilities and supplies for office.
Section 7-16A-9 - Persons to be represented--Services provided.
Section 7-16A-10 - Proceedings in which indigents represented--Co-counsel.
Section 7-16A-14 - Payment of expenses directly related to particular cases.
Section 7-16A-15 - Apportionment of expenses not otherwise allocable.
Section 7-16A-18 - Records maintained by public defender--Annual report to advisory committee.