Simpson v. Tobin

I agree with the majority opinion’s dispositions of issues I and VIII.

I do not agree, however, that SDCL 7-16-23, as amended in 1977, prohibits a part-time state’s attorney from receiving extra compensation for legal services performed under a contract with his county.

*769Prior to the 1977 amendment, SDCL 7-16-23 provided:

It shall not be competent or lawful for the board of county commissioners to give or pay any fees or costs or any part thereof to such state’s attorney as part of his salary or in addition to his salary.

This statute was amended in 1977, and again in 1978, to permit part-time…