The South Dakota Indigent Legal Task Force is calling for a statewide public defender office to help counties bear the cost of court services.
Indigent defense, the legal term for people who lack the funds to pay for their own legal representation, was the focus of a study group in Pierre. Their goals were to improve delivery of legal services like public defenders.
The findings of the group, made up of lawmakers and judges, were finalized and adopted Monday.
Defendants are guaranteed the right to legal representation and a speedy, fair trial, but South Dakota finds itself near the bottom of national indigent defense cost ratings. Further, only three counties – Lawrence, Minnehaha and Pennington – have formally established public defender offices.
The report stated the current system, in which over 90% of South Dakota’s 63 counties are without a dedicated public defender office, creates challenges in efforts to recruit, qualify, train, and pay for indigent legal costs in a timely manner.
This is compounded by a lack of attorneys interested in taking on indigent cases, especially in rural settings. The report also notes a need for mentorship programs for such attorneys. Additionally, the lack of uniform caseload standards or performance reviews for such cases could mean wild variances in quality of representation from county-to-county.
The board ultimately called for the creation of a statewide indigent defense commission and public defender’s office. Those positions would be appointed by authorities like the governor, lawmakers, the state Supreme Court and the State Bar Association.
The report estimated this proposal would cost about $1.5 million, but could relieve as much as $2 million from county defense costs.
The task force also advocated to look closer into funding and cost-containment measures for indigent defense and conduct a review of counties to get more precise information the in the field.
The recommendations, which can be found here, do not mean the end for the larger study of indigent defense in the state. The board next moves to consider implementation.