The legislature has allocated $3 million to South Dakota’s public defense system.
Indigent defense, or legal representation for individuals unable to pay for services, has been a major challenge for South Dakota. Last legislative session, that issue was addressed by lawmakers with the new statewide indigent defense board.
That, according to University of South Dakota school of law dean Neil Fulton, led to this investment from the state.
“HB1057 created the state indigent defense office, and the Legislature was also able to put together three-million dollars in one-time funding to help counties to fray the cost of providing indigent defense," Fulton said. "The bill also provided that money be distributed on a pro rata basis based on the county’s expenditures on indigent defense costs over the previous year.”
Fulton said the funds will offer relief for the constitutionally mandated service.
“For some counties, you see the impact of – and you can see this as you look at the distribution amounts – significant volumes of cases in some of the big counties," Fulton said. "Then you see some small counties where maybe they had one or two significant cases, right? If you have a homicide case, that imposes a really big bill.”
Hence Minnehaha and Pennington counties receiving over half the available funds.
As the rollout of the new board continues, Fulton said he’s happy with what he’s seen so far.
“I think we are being effective, and I would point to the announcement this week of Chris Miles would be the first state indigent defender," Fulton said. "That’s a massive step in the right direction. I don’t think anyone would feel bad if we moved faster, but I think we’re moving effectively and deliberately.”
Miles is longtime Minnehaha County public defender, and Fulton said he sees him as an experienced choice to head the office. As the office gets assembled Fulton hopes the team can begin taking cases by early 2025.
South Dakota is hurting for public defenders, and in many counties that shortage proves a major challenge for the legal system.
While often not particularly glamorous work, Fulton said the role is invaluable to the legal system.
“Public defenders offer their clients basic human dignity, listening to their story, telling the truth about the options that exist, and telling their story in court without fear or favor," Fulton said. "That is a big deal in and of itself.”
For young people considering a legal profession, Fulton said the rewards are different in the public realm.
“Just from my personal experience, the human reward of walking with people in some of the most challenging moments of their life can’t be overstated," Fulton said. "So, I would tell a young lawyer who really wants to make a difference that thinking hard about indigent criminal defense is something I’d encourage them to do.”
Indigent, or public defense, is a constitutionally guaranteed right to all Americans under the Sixth Amendment.