23A-51-3. Commission on Indigent Legal Services--Members--Terms--Officers--Meetings.

The Commission on Indigent Legal Services consists of nine members appointed as follows:

(1)    Three members, not less than two of which are attorneys licensed in South Dakota, appointed by the Governor, that have significant experience in criminal proceedings or a demonstrated commitment to indigent defense, one initially appointed for a term of four years, one initially appointed for a term of three years, and one initially appointed for a term of two years;

(2)    Three members, not less than two of which are attorneys licensed in South Dakota, appointed by the chief justice of the Supreme Court, that have experience in criminal proceedings or a demonstrated commitment to indigent defense, one initially appointed for a term of four years, one initially appointed for a term of three years, and one initially appointed for a term of two years;

(3)    One member appointed by the president pro tempore of the Senate, initially appointed for a term of three years;

(4)    One member appointed by the speaker of the House of Representatives, initially appointed for a term of three years; and

(5)    One member appointed by the executive director of the South Dakota Association of County Commissioners, initially appointed for a term of two years.

Thereafter, each appointment shall serve for a term of four years. Members may be reappointed for successive four-year terms, but may not serve for more than twelve years.

The commission shall organize and elect a chairperson at its first meeting. The commission shall hold meetings at the call of the chairperson, or at the request of a majority of its members. No current law enforcement official or prosecutor may serve as a member of the commission. Only one actively serving judge, one private appointed attorney, and one public defender may serve on the commission, and these members may not serve as the chairperson.

Source: SL 2024, ch 95, § 3, eff. Mar. 18, 2024.