Title 23A — CRIMINAL PROCEDURE

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 chief defender must be an attorney with the following qualifications: (1) Experience in indigent representation services in criminal cases; (2) Commitment to ensuring effective assistance of counsel to all the indigent people of the state; and (3) Demonstrated experience or p…

The chief defender may: (1) Hire or contract for attorney, professional, technical, and support personnel; (2) Establish an administrative office within the Office of Indigent Legal Services; (3) Exercise supervisory authority over all employees of the office; (4) Assist the comm…

The Commission on Indigent Legal Services and Office of Indigent Legal Services is attached to the Unified Judicial System for budgetary purposes only. Source: SL 2024, ch 95 , § 12, eff. Mar. 18, 2024.

The Commission on Indigent Legal Services is subject to chapter 1-26 . The commission shall serve a copy of a proposed rule and any publication described in § 1-26 -6.6 upon the chair of the commission to which it is attached for the chair's written approval to proceed. After rec…

The Office of Indigent Legal Services may enter into joint powers agreements pursuant to chapter 1-24 with state agencies for administrative support, accounting, payroll, and personnel services. Source: SL 2024, ch 95 , § 14, eff. Mar. 18, 2024.

There is hereby created the Commission on Indigent Legal Services. The commission shall oversee indigent representation services in South Dakota to ensure the effective assistance of counsel where there is a right to counsel under state or federal law. Source: SL 2024, ch 95 , § …

The Commission on Indigent Legal Services consists of nine members appointed as follows: (1) Three members, not less than two of which are attorneys licensed in South Dakota, appointed by the Governor, that have significant experience in criminal proceedings or a demonstrated com…

The commission may remove a member for good cause by a two-thirds vote of the commission. The appointing authority that made the initial appointment shall appoint a member to fill the vacancy for the length of the unexpired term. Source: SL 2024, ch 95 , § 4, eff. Mar. 18, 2024.

No commission member may receive compensation for services on the commission. A member shall receive per diem as provided by § 4-7-10.4 and travel expenses for attending commission meetings. Source: SL 2024, ch 95 , § 5, eff. Mar. 18, 2024.

The commission shall oversee indigent representation services to ensure effective assistance of counsel in the state court system where there is a right to counsel under state or federal law. The commission shall: (1) Appoint a chief defender to head the Office of Indigent Legal …

There is hereby created the Office of Indigent Legal Services. The office shall provide indigent representation services and shall oversee indigent representation services in the state courts to ensure the effective assistance of counsel where there is a right to counsel under st…

The Office of Indigent Legal Services shall provide statewide indigent representation services in direct appeals in criminal cases, habeas corpus appeals, and abuse or neglect of a child appeal cases. The office may expand its scope of indigent representation services to include …

The commission shall appoint a chief defender by a majority vote. The chief defender shall head and maintain the Office of Indigent Legal Services. The chief defender shall serve for a term of four years. The commission may reappoint the chief defender to successive terms of four…