Long hours, heavy caseloads, and low pay exacerbates a root cause of a lack of public defenders in South Dakota.
However, those in the position say there is both opportunity and reason to consider indigent work.
Protected by the sixth amendment, public defense for defendants unable to pay has often been uneven in the state of South Dakota, where few counties offer the service on a full-time basis. This is a challenge the new indigent defense commission seeks to remedy.
Only three counties have dedicated offices to the matter. The rest of the state’s counties contract the position out.
It’s something Pennington County chief public defender Eric Whitcher said the commission will need to address.
“Just the caseload I receive in a weekly basis, there are 14 hours of bodycam and dashcam videos for me to review every week, and I have a reduced caseload at my office," Whitcher said. "So, we need assistance.”
Whitcher said the workload shouldn’t be a deciding factor for aspiring lawyers considering public defense.
On the contrary he said criminal defense, and particularly public defense, is a fascinating field to consider professionally.
“Because it’s so intellectually challenging – the constitution is at play in every single police encounter," Whitcher said. "That stop, that seizure, the search, the arrest, all of those interplay with constitutional questions, and then you get to help people every day. The humanity just shines through. I would say try it, and usually the folks that try it tend to really enjoy it.”
Whitcher said another benefit to practicing public defense is the chance to hone the craft of being a trial lawyer. He said the extended trial practice and knowledge of criminal code obtained on the job of creates effective career attorneys.