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South Dakota

Categorical Right To Counsel

Discretionary Appointment Of Counsel

Right Or Appointment Is Qualified

No Such Proceeding

No Authorization, But Relevant Materials

Other

Recent Activity

Right to Counsel Status

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.

No Authorization, But Relevant Materials

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.

Denies

This state has law explicitly stating that there is no right to counsel for this area.

Doesn't Affect

Abuse/Neglect/Dependency - Accused Parents

Litigation

March 30, 2015

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

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

Appointment of Counsel: Doesn't Affect

Qualified: No

Legislation

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

Doesn't Affect

Abuse/Neglect/Dependency - Children

Litigation

August 14, 2021

SD Supreme Court impoves child's right to counsel

The South Dakota Supreme Court has said that attorneys for children must inform courts of a child's wishes in child welfare cases.

Appointment of Counsel: Doesn't Affect

Qualified: No

Legislation

Right to counsel

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

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Other subject area

Legislation

Key Development

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: Yes

Qualified: No

Categorical

Termination of Parental Rights (State) - Birth Parents

Legislation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

Categorical

Abuse/Neglect/Dependency - Accused Parents

Legislation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

Qualified

Abuse/Neglect/Dependency - Children

Legislation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: Yes

No Such Proceeding

Adult Protective Proceedings - Protected Person

Legislation

No such proceeding

No provisions were found suggesting an adult could be compelled to receive services, though the department is permitted to seek guardianship.

Appointment of Counsel: No Such Proceeding

Qualified: No

Categorical

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Legislation

Key Development

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: Yes

Qualified: No

Categorical

Civil Commitment

Legislation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

Qualified

Civil Contempt in Family Court

Legislation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: Yes

Litigation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: Yes

Discretionary

Custody Disputes - Children

Legislation

Key Development

Right to counsel

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

Appointment of Counsel: Discretionary

Qualified: No

Qualified

Forfeiture (incomplete)

Litigation

Key Development

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: Yes

Qualified: Yes

Qualified

Guardianship/Conservatorship of Adults - Protected Person

Legislation

Key Development

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: Yes

Qualified: Yes

Qualified

Guardianship/Conservatorship of Children - Child (incomplete)

Legislation

Key Development

Discretionary appointment of counsel

Statute permits appointment of counsel in guardianship cases.

Appointment of Counsel: Discretionary

Qualified: Yes

Qualified

Guardianship/Conservatorship of Children - Parent or Guardian

Legislation

Key Development

Discretionary appointment of counsel

Statute permits appointment of counsel in guardianship cases.

Appointment of Counsel: Discretionary

Qualified: Yes

Qualified

Incarceration for Fees/Fines (incomplete)

Legislation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: Yes

Litigation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Other subject area

Legislation

Key Development

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: Yes

Qualified: No

No Such Proceeding

Sexually Dangerous Persons - Commitment

Legislation

No such proceeding

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

Appointment of Counsel: No Such Proceeding

Qualified: No

No Such Proceeding

Sterilization

Legislation

Sterilizations not permitted without consent

S.D. Codified Laws § 27A-12-3.11 provides that sterilization cannot be ordered for a person incapable of providing consent.

Appointment of Counsel: No Such Proceeding

Qualified: No

Categorical

Termination of Parental Rights (State) - Birth Parents

Legislation

Key Development

Right to counsel

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

Appointment of Counsel: Yes

Qualified: No

Qualified

Termination of Parental Rights (State) - Children

Legislation

Key Development

Right to counsel

There is a right to counsel representing a child's best interests in termination of parental rights cases.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Truancy - Petition Against Child

Legislation

Key Development

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: Yes

Qualified: No

The NCCRC works to advance the right to counsel for low-income people in civil cases involving basic human needs, such as housing, health, domestic violence, civil incarceration, and child custody.

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