South Dakota

This page provides a breakdown of all major developments and right to counsel law that the NCCRC knows for this state, sorted by subject area. Click on either tab below to see the aspect it describes.

Color Key Explanation
Categorical Right To Counsel There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel).
Discretionary Appointment Of Counsel Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required.
Right Or Appointment Is Qualified The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case.
No Such Proceeding This state has no law creating a judicial proceeding of this type.
None While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area.
Other Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible.

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key_development Question_mark

Right to counsel

A statute requires appointment of counsel upon request for respondent parents in abuse/neglect cases.

Appointment of Counsel: categorical Qualified: no

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Key_development Question_mark

Right to counsel

There is a right to counsel for indigent parents in abuse/neglect cases.

Appointment of Counsel: categorical Qualified: no

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Litigation

Fed court: counsel must be appointed earlier in child welfare process

03/30/2015

A federal court found that a South Dakota court's practice of not appointing counsel at 48-hour child removal hearings violated due process.

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Abuse/Neglect/Dependency - Children

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for children in abuse/neglect cases.

Appointment of Counsel: categorical Qualified: no

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Bypass of Parental Input into Abortion - Minor

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel upon request for a minor seeking to bypass the parental notification requirement for an abortion.

Appointment of Counsel: categorical Qualified: no

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Civil Contempt in Family Court

Legislation

Key_development Question_mark

Right to counsel

The South Dakota Supreme Court found a constitutional right to counsel in civil contempt proceedings.

Appointment of Counsel: categorical Qualified: yes

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Key_development Question_mark

Right to counsel

There is a right to counsel in a habeas petition to challenge confinement for any reason.

Appointment of Counsel: categorical Qualified: yes

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Civil Commitment - Subject of Petition

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for the subject of a civil commitment proceeding.

Appointment of Counsel: categorical Qualified: no

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Civil Forfeiture

Litigation

Key_development Question_mark

Right to counsel

The state supreme court found a federal constitutional right to counsel in civil forfeiture proceedings initiated prior to criminal proceedings.

Appointment of Counsel: categorical Qualified: yes

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Custody Disputes - Children

Legislation

Key_development Question_mark

Right to counsel

A court may appoint counsel for a minor in a private custody proceeding.

Appointment of Counsel: discretionary Qualified: no

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Guardianship/Conservatorship of Adults - Ward

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for the subject of a guardianship proceeding, but only if the person contests the petition or requests counsel.

Appointment of Counsel: categorical Qualified: yes

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Incarceration for Fees/Fines (incomplete)

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel in a habeas petition to challenge confinement for any reason.

Appointment of Counsel: categorical Qualified: yes

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Litigation

Key_development Question_mark

Right to counsel

The South Dakota Supreme Court found a constitutional right to counsel in civil contempt proceedings.

Appointment of Counsel: categorical Qualified: yes

Read more about this

Sexually Dangerous Persons - Commitment

Legislation

No such proceeding

There is no procedure in the state for confinement of a sexually dangerous/violent person.

Termination of Parental Rights (State) - Children

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for children in termination of parental rights cases.

Appointment of Counsel: categorical Qualified: no

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Termination of Parental Rights (State) - Birth Parents

Legislation

Key_development Question_mark

Right to counsel

There is a right to counsel for indigent parents in termination of parental rights cases.

Appointment of Counsel: categorical Qualified: no

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Truancy - Petition Against Child

Legislation

Key_development Question_mark

Right to counsel

Indigent children in South Dakota have a right to counsel upon request in truancy cases (which are treated as "child in need of supervision").

Appointment of Counsel: categorical Qualified: no

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Other Subject Areas

Legislation

Right to counsel - challenge of any confinement

There is a right to counsel in habeas proceedings to challenge any kind of confinement.

Appointment of Counsel: categorical Qualified: no

Read more about this

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