7-16A-1. Establishment of office by commissioners’ resolution. Each board of county commissioners may, by resolution, establish and maintain an office of public defender to fulfill the requirements of §23A-40-7. Source: SL 1978, ch 152, §1.
7-16A-10. Proceedings in which indigents represented–Co-counsel. An indigent person who is entitled to be represented by a public defender shall be counseled and defended at all stages of the matter beginning with the earliest time when a person providing his own counsel would be entitled to be represented by an attorney, including the revocation of […]
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 […]
7-16A-12. Assignment of substitute when public defender unable to perform–Duty–Compensation of substitute. 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 […]
7-16A-13. Extension to representation in municipal ordinance violations–Contributions by municipality. The governing body of a municipality situated in a county in which an office of public defender has been established, may request the board of county commissioners of the county to extend the duties of the public defender to represent all indigent persons who are […]
7-16A-14. Payment of expenses directly related to particular cases. Any direct expense, including the cost of a transcript or substitute for a transcript, that is necessarily incurred in representing an indigent under this chapter shall be paid by the municipality or county on behalf of which the service is performed. Source: SL 1978, ch 152, […]
7-16A-15. Apportionment of expenses not otherwise allocable. If two or more jurisdictions jointly establish an office of public defender, the expenses not otherwise allocable among the participating jurisdictions, unless otherwise agreed upon, shall be allocated on the basis of population according to the most recent federal decennial census. Source: SL 1978, ch 152, §14.
7-16A-16. County appropriations for public defender fund–Administration and accounting for fund–Private contributions. The board of county commissioners of each county participating in a public defender plan shall annually appropriate money from the general fund to administer the public defender. The funds appropriated by the participating counties shall be placed in a public defender fund which […]
7-16A-17. Monthly report to circuit court for setting liens–Disposition of funds collected from liens. Each public defender shall submit, at least monthly, to the presiding judge of his circuit court, a list of cases disposed of by his office for the purpose of setting the liens required by §23A-40-9. Any funds collected from public defender […]
7-16A-18. Records maintained by public defender–Annual report to advisory committee. A public defender shall keep appropriate records for each indigent person represented by the public defender’s office. A public defender shall submit an annual report to the advisory committee showing the number of indigent persons represented by the public defender’s office, the crimes involved, the […]
7-16A-2. Joint office established by two or more counties. If a board of county commissioners elects to establish and maintain an office of public defender, it may join with the board of county commissioners of one or more other counties to jointly establish and maintain an office of public defender. In that case the participating […]
7-16A-3. Provisions by establishing board for office. If a board of county commissioners elects to establish an office of public defender it shall: (1)Prescribe the qualifications of the public defender, the term of office and the rate of annual compensation; and (2)Provide for the establishment, maintenance, and support of the office. Source: SL 1978, ch […]
7-16A-4. Advisory committee to be established–Composition–Chairman. A public defender advisory committee shall be established whenever an office of public defender is established. A committee shall consist of the following members: (1)One person not admitted to the practice of law, not an employee of the county, and not a law enforcement officer, who shall be appointed […]
7-16A-5. Appointment and qualifications of public defender. The advisory committee shall appoint and dismiss the public defender. To be appointed, a person shall be licensed to practice law in this state, be competent to counsel and defend a person charged with a crime, and have basic knowledge of, and experience in, criminal law. Source: SL […]
7-16A-6. Employment of personnel for defender’s office–Administration. If an office of public defender has been established, the board of county commissioners may employ, on recommendation by the public defender and in the manner and at the compensation prescribed by the advisory committee, such assistant public defenders, clerks, investigators, stenographers, and other persons as the advisory […]
7-16A-7. Qualifications of assistant defenders–Assignment to cases. An assistant public defender, before employment, must be licensed to practice law in this state and be competent to counsel and defend a person charged with a crime. A public defender may assign and substitute his assistant public defenders to cases referred to the office of the public […]
7-16A-8. Facilities and supplies for office. If an office of public defender has been established the board of county commissioners shall provide appropriate facilities, including office space, furniture, equipment, books, postage, supplies, and interviewing facilities in the jail, necessary for carrying out the public defender’s duties. Source: SL 1978, ch 152, §8.
7-16A-9. Persons to be represented–Services provided. A public defender shall represent any indigent person who is: (1)Detained by a law enforcement officer without charge or judicial process; (2)Arrested or charged with having committed a crime or of being a juvenile delinquent; (3)Detained under a conviction of a crime, juvenile delinquency, or mental illness; or (4)Otherwise […]
