{"data":{"id":"us-sd/sdcl-23a-40-8","jurisdiction":"us-sd","citation":"SDCL § 23A-40-8","heading":"Compensation of assigned counsel.","body":"Except as provided below, counsel assigned pursuant to § 23A-40-6 and subdivision 23A-40-7(2) shall, after the disposition of the cause, be paid by the county in which the action is brought, or, in case of a parole revocation, by the county from which the inmate was sentenced, a reasonable and just compensation for the services and for necessary expenses and costs incident to the proceedings in an amount to be fixed by a judge of the circuit court or a magistrate judge within guidelines established by the presiding judge of the circuit court.\nIf the cause originated from a criminal offense committed by an inmate under confinement in a facility operated by the Department of Corrections, the Department of Corrections must, after the disposition of the cause, pay counsel assigned pursuant to § 23A-40-6, a reasonable and just compensation for the services and for necessary expenses and costs incident to the proceedings in an amount to be fixed by a judge of the circuit court or a magistrate judge within guidelines established by the presiding judge of the circuit court.\nSource: 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, § 34; SL 1983, ch 191, § 1; SL 2024, ch 94, § 2.","path":["TITLE 23A. CRIMINAL PROCEDURE","CHAPTER 23A-40. (RULE 44) COUNSEL FOR INDIGENT DEFENDANT"],"source_url":"https://sdlegislature.gov/Statutes/23A-40-8","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"ab7590206cdb14a601f094350d4b9e0e4ee0534221374a6601bf84eae2064fd6","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-23a-40-7","next":"us-sd/sdcl-23a-40-9"},"notice":"GroundRules: Original legal text. Not legal advice."}