South Dakota § 23A-40-8 Compensation of assigned counsel.

South Dakota Statutes

§ 23A-40-8 — Compensation of assigned counsel.

South Dakota § 23A-40-8

Title 23ACRIMINAL PROCEDURE

Ch. 23A-39(RULE 44) COUNSEL FOR INDIGENT DEFENDANT

This text of South Dakota § 23A-40-8 (Compensation of assigned counsel.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 23A-40-8 (2026).

Text

Except as provided below, counsel assigned pursuant to § 23A-40-6 and subdivision 23A-40-7 (2) shall, after the disposition of the cause, be paid by the county in which the action is brought, or, in case of a parole revocation, by the county from which the inmate was sentenced, a reasonable and just compensation for the services and for necessary expenses and costs incident to the proceedings in an amount to be fixed by a judge of the circuit court or a magistrate judge within guidelines established by the presiding judge of the circuit court. If the cause originated from a criminal offense committed by an inmate under confinement in a facility operated by the Department of Corrections, the Department of Corrections must, after the disposition of the cause, pay counsel assigned pursuant to

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Except as provided below, counsel assigned pursuant to § 23A-40-6 and subdivision 23A-40-7 (2) shall, after the disposition of the cause, be paid by the county in which the action is brought, or, in case of a parole revocation, by the county from which the inmate was sentenced, a reasonable and just compensation for the services and for necessary expenses and costs incident to the proceedings in an amount to be fixed by a judge of the circuit court or a magistrate judge within guidelines established by the presiding judge of the circuit court. If the cause originated from a criminal offense committed by an inmate under confinement in a facility operated by the Department of Corrections, the Department of Corrections must, after the disposition of the cause, pay counsel assigned pursuant to § 23A-40-6 , a reasonable and just compensation for the services and for necessary expenses and costs incident to the proceedings in an amount to be fixed by a judge of the circuit court or a magistrate judge within guidelines established by the presiding judge of the circuit court.

Legislative History

SDC 1939, § 34.1901; SL 1957, ch 182; SDCL, §§ 23-2-2, 23-2-3; SL 1968, ch 147; SL 1969, ch 155; SL 1978, ch 178, § 493; SDCL Supp, § 23A-40-4; SL 1979, ch 159, § 34; SL 1983, ch 191, § 1; SL 2024, ch 94, § 2.