7-16-2 Judicial appointment of acting attorney in event of absence, inability, or disqualificatio...
Judicial appointment of acting attorney in event of absence, inability, or
The circuit court, whenever there shall be no state's attorney for the county
or when the state's attorney is absent or unable to attend to his duties or is adversely interested or
disqualified, may appoint, by an order to be entered in the minutes of the court, some duly licensed
attorney and counselor at law to perform for the time being the duties required by law to be
performed by the state's attorney and the person so appointed shall thereupon be vested with all the
powers of such state's attorney for that purpose; and the circuit court shall, by an order in the minutes
of the court, fix his fees therefor, which amount shall be allowed by the board of county
commissioners and when so ordered by the court shall be deducted from the salary of the state's
attorney. Nothing in this section shall be so construed as to give the court power to permanently fill
vacancies in such office.
Source: SL 1883, ch 43, § 7; CL 1887, § 434; SL 1889, ch 59, § 1; RPolC 1903, § 934; SL 1905,
ch 90; RC 1919, § 6004; SDC 1939, § 12.1304.