South Dakota § 23A-40-9 Compensation of assigned counsel for services after judgment and conviction.

South Dakota Statutes

§ 23A-40-9 — Compensation of assigned counsel for services after judgment and conviction.

South Dakota § 23A-40-9

Title 23ACRIMINAL PROCEDURE

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

This text of South Dakota § 23A-40-9 (Compensation of assigned counsel for services after judgment and conviction.) 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-40-9 (2026).

Text

If proceedings after judgment and conviction are taken, by motion in arrest of judgment, motion for a new trial or any presentence or post - sentence proceedings, or an appeal to the Supreme Court, an allowance for a sum as may be reasonable and just for the services rendered and for necessary expenses and cost incident to the proceedings shall be allowed to counsel assigned by the court pursuant to § 23A-40-6 and subdivision 23A-40-7(2), in an amount to be set by a judge of the circuit court or a magistrate judge within guidelines established by the presiding judge of the circuit court.

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If proceedings after judgment and conviction are taken, by motion in arrest of judgment, motion for a new trial or any presentence or post - sentence proceedings, or an appeal to the Supreme Court, an allowance for a sum as may be reasonable and just for the services rendered and for necessary expenses and cost incident to the proceedings shall be allowed to counsel assigned by the court pursuant to § 23A-40-6 and subdivision 23A-40-7(2), in an amount to be set 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, § 35; SL 1983, ch 191, § 2.