reglab/housing_qa huggingface dataset:
SD Codified L § 23A-38-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 38 - (Rule 42) Contempt|Section 23A-38-2 - (Rule 42(b)) Notice and hearing on criminal contempt out of presence of court--Disqualification of judge--Jury trial--Punishment as misdemeanor.

23A-38-2.(Rule 42(b)) Notice and hearing on criminal contempt out of presence of court--Disqualification of judge--Jury trial--Punishment as misdemeanor.Criminal contempt, except as provided in §23A-38-1, shall be prosecuted after notice is given to the defendant. The notice shall state the time and place of hearing, allowing a reasonable time for the preparation of the defense, and shall state the essential facts constituting the criminal contempt charged and describe it as such. The notice may be given orally by a judge in open court in the presence of the defendant or, on application of a prosecuting attorney or of an attorney appointed by the court for that purpose, by an order to show cause or an order of arrest. If the contempt charged involves disrespect to or criticism of a judge, that judge is disqualified from presiding at the trial or hearing on the contempt charge except with the defendant's consent. The defendant has a right to a jury trial. Upon a verdict or finding of guilt the court shall enter an order fixing the punishment. Contempt prosecuted under this section shall be punished as a Class 1 misdemeanor. Source: SL 1978, ch 178, §473; SL 1979, ch 159, §28.
SD Codified L § 23A-38-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 38 - (Rule 42) Contempt|Section 23A-38-3 - Order to witness before grand jury to show cause against contempt.

23A-38-3. Order to witness before grand jury to show cause against contempt.Whenever a witness in any proceeding before a grand jury of this state refuses without just cause to comply with an order to testify or provide other information, the prosecuting attorney may apply to the court for an order directing the witness to show cause why the witness should not be held in contempt. Source: SL 1978, ch 178, §476.
SD Codified L § 23A-38-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 38 - (Rule 42) Contempt|Section 23A-38-4 - Notice of hearing on contempt by grand jury witness.

23A-38-4. Notice of hearing on contempt by grand jury witness.No hearing under §23A-38-3 shall be held unless seventy-two hours' notice is given to the witness who has refused to comply with the court order, except that a witness may be given a shorter notice if the court, upon a showing of special need, so orders. Source: SL 1978, ch 178, §477.
SD Codified L § 23A-38-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 38 - (Rule 42) Contempt|Section 23A-38-5 - Order holding grand jury witness in contempt.

23A-38-5. Order holding grand jury witness in contempt.After submission of an application pursuant to §23A-38-3, and a hearing, at which the witness is entitled to be represented by counsel, the court may, upon a finding that such refusal was without just cause, hold the witness in contempt as provided in §23A-38-2. Source: SL 1978, ch 178, §478.
SD Codified L § 23A-38-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 38 - (Rule 42) Contempt|Section 23A-38-6 - Counsel for indigent defendants in contempt cases.

23A-38-6. Counsel for indigent defendants in contempt cases.In any proceeding conducted under §23A-38-1, 23A-38-2, or 23A-38-5, including all necessary appeals, counsel shall be appointed as provided in chapter 23A-40. Source: SL 1978, ch 178, §480.
SD Codified L § 23A-38-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 38 - (Rule 42) Contempt|Section 23A-38-7 - Bail pending appeal from order of confinement--Expeditious disposition of appeal.

23A-38-7. Bail pending appeal from order of confinement--Expeditious disposition of appeal.Any person confined pursuant to §23A-38-1 or 23A-38-2 shall be admitted to bail or released in accordance with chapter 23A-43, pending the determination of an appeal taken by him from the order of his confinement unless it affirmatively appears that the appeal is frivolous or taken for delay. Any appeal from an order of confinement under this section shall be disposed of as soon as practicable, and in no event more than thirty days from the filing of such appeal. Source: SL 1978, ch 178, §475.
SD Codified L § 23A-38-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 38 - (Rule 42) Contempt|Section 23A-38-8 - Place of confinement of person held in contempt.

23A-38-8. Place of confinement of person held in contempt.Any confinement shall be at a suitable correctional facility within the circuit in which the sentencing court is located. Upon a showing of need or hardship the court ordering confinement may grant a request by the witness to be imprisoned at a suitable correctional facility near the place of residence or employment of the witness, or the witness' family or relatives or the attorney of the witness. Source: SL 1978, ch 178, §474.
SD Codified L § 23A-38-9 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 38 - (Rule 42) Contempt|Section 23A-38-9 - Subsequent punishment for contempt permitted on subsequent refusal to provide information.

23A-38-9. Subsequent punishment for contempt permitted on subsequent refusal to provide information.A person fined or imprisoned under §23A-38-2 or 23A-38-5 for refusal to testify or provide other information concerning any transaction, set of transactions, event, or events in a proceeding before a court or grand jury of this state, may be again fined, imprisoned, or both, under §23A-38-2 or 23A-38-5 for a subsequent refusal to testify or provide other information concerning the same transaction, set of transactions, event, or events. Source: SL 1978, ch 178, §479.
SD Codified L § 23A-38-10 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 38 - (Rule 42) Contempt|Section 23A-38-10 - Service of prisoner's sentence tolled for refusal to testify in certain proceedings--Prisoner defined.

23A-38-10. Service of prisoner's sentence tolled for refusal to testify in certain proceedings--Prisoner defined.If a prisoner is confined for contempt pursuant to §23A-38-1, 23A-38-2, or 23A-38-5 for refusal, without just cause, to comply with an order to testify or provide other information in a proceeding before a court or grand jury, the period during which the prisoner remains in contempt may not be deemed service of the prisoner's sentence. The term "prisoner" as used in this section includes any person incarcerated for the purpose of serving a sentence after conviction of a criminal offense. Source: SL 1988, ch 195.
SD Codified L § 23A-39-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 39 - (Rule 43) Presence Of The Defendant|Section 23A-39-1 - (Rule 43 (a)) Presence required at all times except as provided.

23A-39-1.(Rule 43 (a)) Presence required at all times except as provided.A defendant shall be present at his arraignment, at the time of his plea, at every stage of his trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as provided by §§23A-39-2 and 23A-39-3. Source: SDC 1939 & Supp 1960, §§34.3501, 34.3602; SDCL, §§23-35-2, 23-42-1; SL 1978, ch 178, §485.
SD Codified L § 23A-39-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 39 - (Rule 43) Presence Of The Defendant|Section 23A-39-2 - (Rule 43(b)) Voluntary absence of defendant from trial--Conduct justifying exclusion.

23A-39-2.(Rule 43(b)) Voluntary absence of defendant from trial--Conduct justifying exclusion.The further progress of a trial to and including the return of a verdict shall not be prevented whenever a defendant who was initially present:(1)In noncapital cases, voluntarily absents himself after the trial has commenced; or(2)Engages in conduct which justifies his being excluded from the courtroom. Source: SL 1978, ch 178, §486.
SD Codified L § 23A-39-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 39 - (Rule 43) Presence Of The Defendant|Section 23A-39-3 - (Rule 43(c)) Corporation appearing by counsel--Presence not required in misdemeanor prosecutions--Hearing to reduce sentence.

23A-39-3.(Rule 43(c)) Corporation appearing by counsel--Presence not required in misdemeanor prosecutions--Hearing to reduce sentence.A defendant need not be present in the following situations:(1)A corporation may appear by counsel for all purposes;(2)In prosecutions for misdemeanors, a court may permit arraignment, the preliminary hearing, plea, trial, and imposition of sentence in the defendant's absence. If, however, the presence of the defendant is necessary for the purpose of identification, a court may, upon application by the prosecuting attorney, order his personal attendance at the trial; or(3)The defendant's presence is not required at any hearing to reduce a sentence pursuant to §23A-31-1. Source: SDC 1939 & Supp 1960, §§34.3501, 34.3602, 34.3701; SDCL, §§23-35-2, 23-42-2, 23-48-6; SL 1978, ch 178, §487; SL 1979, ch 159, §29.
SD Codified L § 23A-39-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 39 - (Rule 43) Presence Of The Defendant|Section 23A-39-4 - Bench warrant for defendant failing to appear after release on bail--Costs assessed against defendant.

23A-39-4. Bench warrant for defendant failing to appear after release on bail--Costs assessed against defendant.If the defendant has been released on bail in accordance with any provision of chapter 23A-43 and does not appear when so ordered by the court, the court, in addition to the forfeiture of bail, may direct the clerk of the court to issue a bench warrant for his arrest. The clerk, on application of the prosecuting attorney, may, at any time after the order, whether the court be sitting or not, issue a bench warrant, and may assess costs of such issuance against the defendant in the sum of ten dollars. Source: SDC 1939 & Supp 1960, §34.3702; SDCL, §23-48-8; SL 1978, ch 178, §488; SL 1987, ch 181, §1.
SD Codified L § 23A-39-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 39 - (Rule 43) Presence Of The Defendant|Section 23A-39-5 - Service of bench warrant.

23A-39-5. Service of bench warrant.The bench warrant issued pursuant to §23A-39-4 may be served in any county, in the same manner as a warrant of arrest. Source: SDC 1939 & Supp 1960, §34.3702; SDCL, §23-48-10; SL 1978, ch 178, §489.
SD Codified L § 23A-40-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 40 - (Rule 44) Counsel For Indigent Defendant|Section 23A-40-6 - Arrest or detention without formal charge--Assignment of counsel--Certification of indigency required.

23A-40-6. Arrest or detention without formal charge--Assignment of counsel--Certification of indigency required.In any criminal investigation or in any criminal action or action for revocation of suspended sentence or probation in the circuit or magistrate court or in a final proceeding to revoke a parole, if it is satisfactorily shown that the defendant or detained person does not have sufficient money, credit, or property to employ counsel and pay for the necessary expenses of his representation, the judge of the circuit court or the magistrate shall, upon the request of the defendant, assign, at any time following arrest or commencement of detention without formal charges, counsel for his representation, who shall appear for and defend the accused upon the charge against him, or take other proper legal action to protect the rights of the person detained without formal charge.In each case, the indigent person, subject to the penalties for perjury, shall certify in writing or by other record such material factors relating to his ability to pay as the court prescribes. Source: SDC 1939, §§34.1901, 34.3506; SL 1957, ch 182; SDCL, §§23-2-1, 23-35-11; SL 1968, ch 147; SL 1969, ch 155; SL 1978, ch 178, §492; SDCL Supp, §23A-40-3; SL 1979, ch 159, §33; SL 1983, ch 190, §1.
SD Codified L § 23A-40-6.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 40 - (Rule 44) Counsel For Indigent Defendant|Section 23A-40-6.1 - Assigned counsel not required where defendant not deprived of liberty--Statement of judge required.

23A-40-6.1. Assigned counsel not required where defendant not deprived of liberty--Statement of judge required.At the time of arraignment for a violation of a Class 2 misdemeanor or a violation of an ordinance or at the time of the hearing for a petty offense, the circuit court judge or magistrate may conclude and state on the record, in the defendant's presence, that the defendant will not be deprived of his liberty if he is convicted. The circuit court judge's or magistrate's statement that the defendant will not be deprived of his liberty if he is convicted shall be made before the defendant enters his plea. If the defendant is not in custody and if the court has concluded that he will not be deprived of his liberty if he is convicted, an indigent defendant charged with violating a Class 2 misdemeanor, an ordinance not having a penalty greater than a Class 2 misdemeanor or a petty offense, is not entitled to court assigned counsel. Source: SL 1983, ch 190, §2.
SD Codified L § 23A-40-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 40 - (Rule 44) Counsel For Indigent Defendant|Section 23A-40-7 - Representation provided by county or municipality for indigents detained without formal charge.

23A-40-7. Representation provided by county or municipality for indigents detained without formal charge.The board of county commissioners of each county and the governing body of any municipality shall provide for the representation of indigent persons described in §23A-40-6. The board or body shall provide this representation by any or all of the following:(1)Establishing and maintaining an office of a public defender;(2)Arranging with the courts in the county to appoint attorneys on an equitable basis through a systematic, coordinated plan; or(3)Contracting with any attorney licensed to practice law in this state.In those counties which have established an office of public defender, any proceedings after judgment may be assigned to the public defender. The provisions of chapter 5-18A do not apply to this section. Source: SL 1979, ch 159, §§34, 35; SL 1998, ch 152, §1; SL 2011, ch 2, §132.
SD Codified L § 23A-40-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 40 - (Rule 44) Counsel For Indigent Defendant|Section 23A-40-8 - Compensation of assigned counsel.

23A-40-8. Compensation of assigned counsel.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 his 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. 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, §34; SL 1983, ch 191, §1.
SD Codified L § 23A-40-9 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 40 - (Rule 44) Counsel For Indigent Defendant|Section 23A-40-9 - Compensation of assigned counsel for services after judgment and conviction.

23A-40-9. Compensation of assigned counsel for services after judgment and conviction.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.
SD Codified L § 23A-40-10 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 40 - (Rule 44) Counsel For Indigent Defendant|Section 23A-40-10 - Funds available from or on behalf of defendant--Order for reimbursement--Applicability--Credit against lien.

23A-40-10. Funds available from or on behalf of defendant--Order for reimbursement--Applicability--Credit against lien.If the court finds that funds are available for payment from or on behalf of a defendant to carry out, in whole or in part, the provisions of this chapter, the court may order that the funds be paid, as court costs or as a condition of probation, to the court for deposit with the county or municipal treasurer, to be placed in the county or municipal general fund or in the public defender fund in those counties establishing the office pursuant to subdivision 23A-40-7(1) as a reimbursement to the county or municipality to carry out the provisions of this section. The court may also order payment to be made in the form of installments or wage assignments, in amounts set by a judge of the circuit court or a magistrate judge, either during the time a charge is pending or after the disposition of the charge, regardless of whether the defendant has been acquitted or the case has been dismissed by the prosecution or by order of the court. The provisions of this section also apply to persons who have had counsel appointed under chapters 26-7A, 26-8A, 26-8B, and 26-8C. The reimbursement is a credit against any lien created by the provisions of this chapter against the property of the defendant. Source: SL 1979, ch 159, §40; SL 1983, ch 192, §1; SL 1997, ch 146, §1; SL 2001, ch 123, §1.
SD Codified L § 23A-40-11 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 40 - (Rule 44) Counsel For Indigent Defendant|Section 23A-40-11 - Lien created against property of person for whom counsel provided--Limitation.

23A-40-11. Lien created against property of person for whom counsel provided--Limitation.A lien, enforceable as provided by this chapter, upon all the property, both real and personal, of any person, including the parents of a minor child, for whom legal counsel or a public defender has been appointed under the provisions of §23A-40-6, subdivisions 23A-40-7(2) and (3), or §26-7A-31 may be filed. The services rendered and expenses incurred are a claim against the person and that person's estate, enforceable according to law in an amount to be determined by a judge of the circuit court or a magistrate judge and paid by the county or municipality chargeable for them. A lien on the parents of a minor child pursuant to this section may not exceed one thousand five hundred dollars plus an amount equal to any taxable court costs. Source: SL 1969, ch 156, §1; SDCL Supp, §23-2-3.1; SL 1978 ch 178, §494; SDCL Supp, §23A-40-5; SL 1979, ch 159, §36; SL 1983, ch 191, §3; SL 1983, ch 192, §2; SL 1989, ch 227, §2; SL 1991, ch 217, §167; SL 1998, ch 152, §2; SL 2002, ch 122, §1.
SD Codified L § 23A-40-12 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 40 - (Rule 44) Counsel For Indigent Defendant|Section 23A-40-12 - Public defender's lien.

23A-40-12. Public defender's lien.If the legal services have been provided by a public defender or an attorney with whom a contract has been entered into to provide services in lieu of a public defender, a public defender's lien shall be set by a judge of the circuit court or magistrate judge at a reasonable amount for the services rendered. Source: SL 1969, ch 156, §1; SDCL Supp, §23-2-3.1; SL 1978, ch 178, §494; SDCL Supp, §23A-40-5; SL 1979, ch 159, §36; SL 1983, ch 191, §4; SL 1998, ch 152, §3.
SD Codified L § 23A-40-13 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 40 - (Rule 44) Counsel For Indigent Defendant|Section 23A-40-13 - Statement of claim filed--Enforceability of lien.

23A-40-13. Statement of claim filed--Enforceability of lien.Immediately upon payment by the chargeable county or municipality, or upon the setting of the public defender's lien by a circuit court judge or magistrate judge, a statement of claim showing the name and residence of the recipient shall be filed by the county auditor or municipal, finance officer in the office of the register of deeds in the county where the recipient resides. A certified copy of the lien may be filed in any other county in which the recipient may have or may acquire an interest in real or personal property. The lien is enforceable, until satisfied or compromised. Source: SL 1979, ch 159, §37; SL 1980, ch 182; SL 1983, ch 191, §5; SL 1983, ch 192, §3.
SD Codified L § 23A-40-14 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 40 - (Rule 44) Counsel For Indigent Defendant|Section 23A-40-14 - Enforcement or disposition of lien.

23A-40-14. Enforcement or disposition of lien.The board of county commissioners of the county or the governing board of the municipality filing the lien may enforce, foreclose, satisfy, compromise, settle, subordinate, release, or otherwise dispose of the lien. Source: SL 1979, ch 159, §38; SL 1983, ch 192, §4.
SD Codified L § 23A-40-15 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 40 - (Rule 44) Counsel For Indigent Defendant|Section 23A-40-15 - Foreclosure prohibited upon homestead or exempt personal property.

23A-40-15. Foreclosure prohibited upon homestead or exempt personal property.No lien provided for in this chapter shall be foreclosed upon the homestead, as defined by chapter 43-31, of the recipient or his family, nor upon any personal property which is exempt from process under chapter 43-45. Source: SL 1979, ch 159, §39.
SD Codified L § 23A-40-16 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 40 - (Rule 44) Counsel For Indigent Defendant|Section 23A-40-16 - Correction of mistake in lien record at request of adversely affected person.

23A-40-16. Correction of mistake in lien record at request of adversely affected person.If, in the record of a lien made under the provisions of this chapter, the name of the person or persons for whose benefit any payment was made, or the name of a person or persons against whose property a lien may appear to have been created, is shown or stated to have been made by mistake or incorrectly or in such manner as not to identify easily the owner or owners of property, or the amount of such lien is incorrectly stated or recorded, any person whose interests are adversely affected thereby may apply to the board of county commissioners for correction of the record to conform to the facts. The board may grant the relief sought and direct the correction of the record accordingly. Source: SL 1979, ch 159, §38.
SD Codified L § 23A-40-17 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 40 - (Rule 44) Counsel For Indigent Defendant|Section 23A-40-17 - Court appointed attorney and public defender payment fund established.

23A-40-17. Court appointed attorney and public defender payment fund established.There is hereby created in the Office of the State Treasurer a court appointed attorney and public defender payment fund. Source: SL 1982, ch 186, §6.