2021 South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 40 - (Rule 44) Counsel For Indigent Defendant
Section 23A-40-11 - Lien created against property of person for whom counsel provided--Limitation.

23A-40-11. Lien created against property of person for whom counsel provided--Limitation.

A lien, enforceable as provided by this chapter, upon all the property, both real and personal, of any person, including the parents of a minor child, for whom legal counsel or a public defender has been appointed under the provisions of §23A-40-6, subdivisions 23A-40-7(2) and (3), or §26-7A-31 may be filed. The services rendered and expenses incurred are a claim against the person and that person's estate, enforceable according to law in an amount to be determined by a judge of the circuit court or a magistrate judge and paid by the county or municipality chargeable for them. A lien on the parents of a minor child pursuant to this section may not exceed one thousand five hundred dollars plus an amount equal to any taxable court costs.

Source: SL 1969, ch 156, §1; SDCL Supp, §23-2-3.1; SL 1978 ch 178, §494; SDCL Supp, §23A-40-5; SL 1979, ch 159, §36; SL 1983, ch 191, §3; SL 1983, ch 192, §2; SL 1989, ch 227, §2; SL 1991, ch 217, §167; SL 1998, ch 152, §2; SL 2002, ch 122, §1.

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