PIERRE, S.D. (AP) The South Dakota Supreme Court has overturned a lower court's order that required a deadbeat dad to spend ten days in jail every time he failed to pay monthly child support.

The high court says that penalty was unconstitutional because it amounted to criminal punishment imposed without a trial.

The Supreme Court says a circuit judge must re-examine the case to determine the proper penalty for Ed Sazama who was found to owe nearly 63-thousand dollars in past child support for his two children.

The circuit judge could impose a different penalty that is aimed at compelling Sazama to pay the child support. But the Supreme Court says if the judge imposes a penalty similar to the original one Sazama must get the constitutional protections of a criminal trial.

(By AP Writer Chet Brokaw) (Copyright 2007 by The Associated Press. All Rights Reserved.) APNP 02-22-07 1713CST | save this article / add to your favorites list