If upon the completion of the evaluation required in § 27A-10-6 it is determined that a hearing shall be held and the alleged mentally ill person has not or cannot employ his own counsel, the chairman of the board of mental illness where the hearing is to be held shall immediately assign counsel to represent the interests of the person. In no instance may a person not be represented by counsel.
S.D. Codified Laws § 27A-11A-7
Assignment of counsel to represent alleged mentally ill person--Time allowed
Applied in 2 court decisions — leading case Bergee v. South Dakota Board of Pardons & Paroles (2000)
Most recently applied in Cowans v. South Dakota Board of Pardons & Paroles (April 2009)
Source: SL 1974, ch 182, § 5; SDCL Supp, §§ 27-7-2.1, 27-7-2.6; SL 1975, ch 181, § 87; SL 1991, ch 220, § 143; SDCL, § 27A-9-8.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.