Title 23A — CRIMINAL PROCEDURE
59 chapters · 948 sections in this title.
SDCL § 23A-40-10 Funds available from or on behalf of defendant--Order for reimbursement--Applicability--Credit against lien
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If the court finds that funds are available for payment from or on behalf of a defendant to carry out, in whole or in part, the provisions of this chapter, the court may order that the funds be paid, as court costs or as a condition of probation, to the court for deposit with the…
SDCL § 23A-40-11 Lien created against property of person for whom counsel provided--Limitation
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A lien, enforceable as provided by this chapter, upon all the property, both real and personal, of any person, including the parents of a minor child, for whom legal counsel or a public defender has been appointed under the provisions of § 23A-40-6 , subdivisions 23A-40-7(2) and …
SDCL § 23A-40-12 Public defender's lien
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If the legal services have been provided by a public defender or an attorney with whom a contract has been entered into to provide services in lieu of a public defender, a public defender's lien shall be set by a judge of the circuit court or magistrate judge at a reasonable amou…
SDCL § 23A-40-13 Statement of claim filed--Enforceability of lien
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Immediately upon payment by the chargeable county or municipality, or upon the setting of the public defender's lien by a circuit court judge or magistrate judge, a statement of claim showing the name and residence of the recipient shall be filed by the county auditor or municipa…
SDCL § 23A-40-14 Enforcement or disposition of lien
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The board of county commissioners of the county or the governing board of the municipality filing the lien may enforce, foreclose, satisfy, compromise, settle, subordinate, release, or otherwise dispose of the lien. Source: SL 1979, ch 159 , § 38; SL 1983, ch 192 , § 4.
SDCL § 23A-40-15 Foreclosure prohibited upon homestead or exempt personal property
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No lien provided for in this chapter shall be foreclosed upon the homestead, as defined by chapter 43-31 , of the recipient or his family, nor upon any personal property which is exempt from process under chapter 43-45 . Source: SL 1979, ch 159 , § 39.
SDCL § 23A-40-16 Correction of mistake in lien record at request of adversely affected person
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If, in the record of a lien made under the provisions of this chapter, the name of the person or persons for whose benefit any payment was made, or the name of a person or persons against whose property a lien may appear to have been created, is shown or stated to have been made …
SDCL § 23A-40-17 Court appointed attorney and public defender payment fund established
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There is hereby created in the Office of the State Treasurer a court appointed attorney and public defender payment fund. Source: SL 1982, ch 186 , § 6. 23A-40-18, 23A-40-19. Repealed by SL 1988, ch 189 , §§ 4, 5
SDCL § 23A-40-20 Annual distribution of moneys in fund--Determination of pro rata payments to counties
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All moneys in the court appointed attorney and public defender payment fund shall be annually distributed by the state treasurer to the counties on a pro rata basis. The state treasurer shall, within sixty days of the end of the fiscal year, determine and verify from receipts and…
SDCL § 23A-40-21 Training on mental illness and services
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Each court-appointed defense attorney shall receive training on mental illness, available mental health services, eligibility criteria and referral processes, and forensic evaluations. Source: SL 2017, ch 109 , § 25, eff. July 1, 2018.
SDCL § 23A-40-6 Arrest or detention without formal charge--Assignment of counsel--Certification of indigency required
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In any criminal investigation or in any criminal action or action for revocation of suspended sentence or probation in the circuit or magistrate court or in a final proceeding to revoke a parole, if it is satisfactorily shown that the defendant or detained person does not have su…
SDCL § 23A-40-6.1 Assigned counsel not required where defendant not deprived of liberty--Statement of judge required
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At the time of arraignment for a violation of a Class 2 misdemeanor or a violation of an ordinance or at the time of the hearing for a petty offense, the circuit court judge or magistrate may conclude and state on the record, in the defendant's presence, that the defendant will n…
Compensation of assigned counsel
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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…
Compensation of assigned counsel for services after judgment and conviction
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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…