South Dakota § 7-16A-12 - Assignment of substitute when public defender unable to perform--Duty--Compensation of substitute.
Full text of South Dakota South Dakota Codified Laws § 7-16A-12 — Assignment of substitute when public defender unable to perform--Duty--Compensation of substitute., with citation guidance and answers to common questions.
§ 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 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.
Source: SL 1978, ch 152, § 10; SL 2016, ch 44, § 36.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 7-16A-12
What does South Dakota Codified Laws § 7-16A-12 cover?
Section 7-16A-12 ("Assignment of substitute when public defender unable to perform--Duty--Compensation of substitute.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 7-16A-12?
A common citation format is "South Dakota Codified Laws § 7-16A-12" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 7-16A-12 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.