2021 South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 40 - (Rule 44) Counsel For Indigent Defendant
Section 23A-40-7 - Representation provided by county or municipality for indigents detained without formal charge.
23A-40-7. Representation provided by county or municipality for indigents detained without formal charge.
The board of county commissioners of each county and the governing body of any municipality shall provide for the representation of indigent persons described in §23A-40-6. The board or body shall provide this representation by any or all of the following:
(1)Establishing and maintaining an office of a public defender;
(2)Arranging with the courts in the county to appoint attorneys on an equitable basis through a systematic, coordinated plan; or
(3)Contracting with any attorney licensed to practice law in this state.
In those counties which have established an office of public defender, any proceedings after judgment may be assigned to the public defender. The provisions of chapter 5-18A do not apply to this section.
Source: SL 1979, ch 159, §§34, 35; SL 1998, ch 152, §1; SL 2011, ch 2, §132.
