AREAS OF ASSISTANCE

Civil Matters

The States Attorney has the following responsibilities:

• Provide legal representation and legal advice to all appointed and elected officials of the County.
• Provide representation at meetings of the County Commissioners and other government or private agencies as necessary.
• Give legal advice and assistance to county officers on County employment issues and collective bargaining agreements, election issues, jail matters, property tax valuation appeals and bonding issues.
• Represent the County in court on civil matters, whether the County initiated or is defending the action.
• Work with other government agencies on joint cooperation ventures.
• Assist with the drafting, interpretation and enforcement of County ordinances.

Jury Duty

Information for jurors can be found at: http://www.sdjurors.com

Information for Lake County Jurors can be found at: http://www.sdjurors.com/jurors/courthouses/index.cfm

The Lake County Schedule can be found by clicking the link above and clicking on the Juror Reporting Instructions link.

Mental Commitment

The Lake County State's Attorney's Office participates in the commitment process of mentally ill persons by representing persons that petition the county Board of Mental Illness for another person's involuntary commitment to the Human Services Center.  A person is subject to involuntary commitment if the person has a severe mental illness and due to the severe mental illness, is a danger to themselves or others, and needs and is likely to benefit from treatment.

Commitment hearings are held either in front of the Lake County Board of Mental Illness, where ever the person is hospitalized or at the Human Services Center in Yankton, South Dakota.  The Lake County State's Attorney's Office works closely with law enforcement, mental health agencies, and mental health professionals in handling these cases.

An involuntary commitment of person can take place when a person with knowledge of the current condition and/or recent events in a mentally ill person's life fills out a petition asking that the mentally ill person be committed for treatment.

The petitioner is usually a family member, friend, police officer, social worker, counselor, doctor, or psychiatrist.  The person asking for the commitment fills out paperwork, called a petition, stating why they believe a person is mentally ill and needs to be committed. 

During that hold, the mentally ill person will be examined by a qualified mental health professional that makes the decision whether the mentally ill person should be released or committed for treatment.  If the mentally ill person needs to be committed for treatment, a hearing will be held.  If the petitioner shows at the hearing that the mentally ill person is a danger to themselves or others bases on suicidal threats or behavior, dangerousness to others, or an inability to care for themselves, then the mentally ill person will be committed for treatment not to exceed 90 days.

Victim/Witness Assistance

As a victim of crime, you may be experiencing feelings of confusion, frustration, fear and anger. We will explain your rights as a victim and help you better understand how the criminal justice system works.

One of the responsibilities of citizenship for those who have knowledge about the commission of a crime is to serve as witnesses at the criminal trial or one of the other hearings held in connection with the criminal prosecution. The complete cooperation and truthful testimony of all witnesses is essential to the proper determination of guilt or innocence in a criminal case.
Our office is concerned that victims and witnesses of crime are treated fairly throughout their contact with the criminal justice system. We have taken several steps to make the participation by victims of crime and witnesses more effective and meaningful.

One of these steps is the establishment of this website. We hope that it will provide you the answers to many of your questions and will give you sufficient general information to understand your rights and responsibilities.

Protection Orders

A Protection Order is a legal document signed by a judge prohibiting a person from contacting the petitioner.  A Protection Order violation is a Class I misdemeanor. Protection Orders are civil matters, but a criminal charge results when a Protection Order is violated.  A Protection Order may be obtained at the Lake County Clerk of Courts office, which is located at 200 E Center Street, Madison SD. Questions about obtaining a protection order can be addressed to staff in the clerk's office at (605) 256-5645.

If a criminal charge has been filed by the State's Attorney's Office, the victim may request that the attorney in court ask the judge to order a No Contact Order as a condition of bond. A No Contact Order is an order signed by a judge prohibiting the defendant in a criminal case from having any contact with the victim while out on bond. If the defendant violates either a Protection Order or a No Contact Order, the victim should contact the police immediately. Although the violator may be gone by the time the police arrive, victims should still have the police complete a report to forward to the State's Attorney's Office.

Your Role as a Witness

You may have been a victim of or an eye-witness to a crime. You may be the owner of stolen property, or be able to provide some piece of information which will help to prove a criminal case. You are an essential witness and without your cooperation, our criminal justice system could not work.

You can expect to receive a subpoena at some point in the proceedings which will require you to testify. Written statements are not permitted instead of live testimony because a person charged with a crime has a right to ask questions of the witnesses who testify against him/her through his/her attorney.

It is very important that you keep us informed of any changes in your address or phone number. We will not be able to notify you of dates in your case if we cannot locate you.

We hope that this website has answered many of your questions as to how the criminal justice system operates and what is expected of you in your role as a potential witness. Please feel free to contact us at (605) 256-7630 to discuss any of this information or to answer any questions relating to your case.

Protection Order Forms

There are two kinds of protection orders: Domestic and Stalking. Domestic protection orders are between "family and household members"; stalking protection orders are for other persons.

Under SDCL 25-10-3 there exists an action know as a petition for a protection order. When the person requesting the protection order alleges an immediate danger, the court may grant a temporary protection order pending a full hearing.  SDCL 25-10-6. A temporary protection order is in effect for 30 days.  SDCL 25-10-4.  The respondent must be personally served SDCL 25-10-7.  A hearing date will be set within those 30 days to allow the respondent and the petitioner to be heard and determine if a permanent protection order remains effective until the permanent order is served. SDCL 25-10-7.1.