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Public defense challenges highlighted as commission begins work

Indigent, or public defense, is in focus with the states’ new commission on the topic. Now that its work has begun, one public defender says the state has serious needs to address.

The indigent defense commission, focused on legal representation for those unable to pay, has begun following its creation in the last legislative session. Now comes identifying and targeting issues faced by the state.

So far, the commission is introduced and has named a statewide public defender, Christopher Miles of Minnehaha County.

Eric Whitcher is the Pennington County public defender. one of just three counties in South Dakota with a dedicated office. He said some needs are universal for counties big and small, like a need for more public defenders.

“More individuals, handling fewer cases," Whitcher said. "So, those caseload standards are going to be critical. To meet those standards, that means we’re going to need more lawyers willing and able to take these cases. We’re going to have to look at how we reimburse them, how we recruit them, all of those things are going to be very, very important.”

The state enacts laws, but counties are required to fund 100 percent of indigent defense.

Whitcher said another challenge is defending against some of the state’s drug laws.

“We are a real outlier in the way we approach the way we want to change people’s behavior," Whitcher said. "Our drug laws are dramatically different than anyplace else in the country. I had run the numbers, if we had North Dakota’s drug laws, we would save taxpayers $20 million just in prison costs – annually – for the number of nonviolent drug offenders we imprison every year.”

South Dakota is one of the only states in the US where it’s a felony to ingest a controlled substance. That, and lack of a minimum drug amount before a felony charge, would reduce the workload for public defenders in the state.

Whitcher estimated he’s lost hundreds of work hours to drug laws that would be misdemeanors anywhere else in America.

C.J. Keene is a Rapid City-based journalist covering the legal system, education, and culture