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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 23A-40-9: Compensation of assigned counsel for services after judgment and conviction.

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Where this section sits in the code
  1. TITLE 23A. CRIMINAL PROCEDURE
  2. CHAPTER 23A-40. (RULE 44) COUNSEL FOR INDIGENT DEFENDANT

If proceedings after judgment and conviction are taken, by motion in arrest of judgment, motion for a new trial or any presentence or post-sentence proceedings, or an appeal to the Supreme Court, an allowance for a sum as may be reasonable and just for the services rendered and for necessary expenses and cost incident to the proceedings shall be allowed to counsel assigned by the court pursuant to § 23A-40-6 and subdivision 23A-40-7(2), in an amount to be set by a judge of the circuit court or a magistrate judge within guidelines established by the presiding judge of the circuit court.

Source: SDC 1939, § 34.1901; SL 1957, ch 182; SDCL, §§ 23-2-2, 23-2-3; SL 1968, ch 147; SL 1969, ch 155; SL 1978, ch 178, § 493; SDCL Supp, § 23A-40-4; SL 1979, ch 159, § 35; SL 1983, ch 191, § 2.

Collected 2026-09-03T15:18:56Z. Source file · JSON

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