§ 23A-51-1 — Definitions.

The terms used in this chapter mean: (1) "Attorney," a person licensed to practice law in this state as provided in chapter 16-16 , with active membership and in good standing of the State Bar of South Dakota; (2) "Chief defender," the attorney appointed by the commission to head the Office of Indigent Legal Services; (3) "Commission," the Commission of Indigent Legal Services; (4) "Effective assistance of counsel," legal defense services in a criminal case that comply with the standards required by state and federal law; (5) "Indigent," a person who does not have sufficient money, credit, or property to employ an attorney and pay for the necessary expenses of representation; (6) "Indigent representation services," legal defense services provided by an attorney to an indigent person where there is a right to counsel under state or federal law; (7) "Office of Indigent Legal Services," or "office," a state government entity that provides direct indigent representation services and implements the objectives of the commission; (8) "Private appointed attorney," an attorney who is not employed by the government and who provides indigent representation services; and (9) "Public defender," an attorney employed by the government who provides indigent representation services.

Legislative History

SL 2024, ch 95, § 1, eff. Mar. 18, 2024.