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.

Terms Used In South Dakota Codified Laws 7-16A-12

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.

Source: SL 1978, ch 152, § 10; SL 2016, ch 44, § 36.

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