South Dakota § 7-16A-12 Assignment of substitute when public defender unable to perform--Duty--Compensation of substitute.

South Dakota Statutes

§ 7-16A-12 — Assignment of substitute when public defender unable to perform--Duty--Compensation of substitute.

South Dakota·Title 7 COUNTIES·Ch. 7-16A PUBLIC DEFENDER

If at any stage of proceedings, including appeal or other post-judgment proceedings, a public defender is unable to represent an indigent person, because of a conflict of interest or other good cause, the court concerned may assign a substitute private attorney to represent the indigent person. A substitute attorney has the same duty to the indigent person as the public defender for whom the attorney is substituted. The court shall prescribe reasonable compensation for the substitute attorney and approve the expenses necessarily made by the attorney for the defense of the indigent person in the manner pursuant to § 23A-40-8 .

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If at any stage of proceedings, including appeal or other post-judgment proceedings, a public defender is unable to represent an indigent person, because of a conflict of interest or other good cause, the court concerned may assign a substitute private attorney to represent the indigent person. A substitute attorney has the same duty to the indigent person as the public defender for whom the attorney is substituted. The court shall prescribe reasonable compensation for the substitute attorney and approve the expenses necessarily made by the attorney for the defense of the indigent person in the manner pursuant to § 23A-40-8 .

South Dakota § 7-16A-12 (Assignment of substitute when public defender unable to perform--Duty--Compensation of substitute.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.