US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 South Dakota Codified Laws » Title 7 - Counties » Chapter 16A - Public Defender » Section 7-16A-11 – Representation restricted to state courts–Federal matters excepted–Compensation paid by federal courts.

7-16A-11. Representation restricted to state courts–Federal matters excepted–Compensation paid by federal courts.

This chapter applies only to representation in the courts of this state, except that it does not prohibit a public defender from representing an indigent person in an action seeking relief other than the recovery of money damages in a federal court of the United States, if;

(1)The matter arises out of or is related to an action pending or recently pending in a court of criminal jurisdiction of the state;

(2)Representation is under a plan of the United States District Court as required by the Criminal Justice Act of 1964 (18 U.S.C. §3006A) and is approved by the board of county commissioners;

(3)The matter arises out of an action pending in the juvenile courts of this state; or

(4)The matter arises out of an action pending for the involuntary commitment to the state hospital.

Any compensation paid by a federal court of the United States shall be placed directly in the public defender fund.

Source: SL 1978, ch 152, §16.