2011 South Dakota Code
Title 7 COUNTIES
Chapter 16A. Public Defender
§7-16A-11 Representation restricted to state courts--Federal matters excepted--Compensation paid by federal courts.


SD Codified L § 7-16A-11 (through 2011) What's This?

7-16A-11. Representation restricted to state courts--Federal matters excepted--Compensation paid by federal courts. This chapter applies only to representation in the courts of this state, except that it does not prohibit a public defender from representing an indigent person in an action seeking relief other than the recovery of money damages in a federal court of the United States, if;

(1) The matter arises out of or is related to an action pending or recently pending in a court of criminal jurisdiction of the state;

(2) Representation is under a plan of the United States District Court as required by the Criminal Justice Act of 1964 (18 U.S.C. § 3006A) and is approved by the board of county commissioners;

(3) The matter arises out of an action pending in the juvenile courts of this state; or

(4) The matter arises out of an action pending for the involuntary commitment to the state hospital.

Any compensation paid by a federal court of the United States shall be placed directly in the public defender fund.

Source: SL 1978, ch 152, § 16.

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