An effective and efficient system of indigent defense is important for all South Dakotans. South Dakota has devoted a couple years of study, discussion and legislative action to the issue. Judges, prosecutors and defense attorneys, county commissioners, legislators and others have all worked together in this effort. This broad cooperation reflects the importance of the issue and provides a foundation to successfully tackle it.
Last year, the Legislature created and funded the Commission on Indigent Legal Services and a statewide public defender office. They are tasked with developing standards for assigning cases, providing training to private lawyers who take appointments, and handling appeals in criminal cases across South Dakota.
Chris Miles, an excellent and experienced criminal defense lawyer, has been hired as the first statewide defender. Chris is working to hire additional lawyers and develop systems to handle appeals effectively and efficiently. The commission is beginning to set priorities for appointing and training lawyers.
Additionally, a comprehensive study of the current system in South Dakota was completed over the last year, providing a roadmap for improvements.
This building momentum is important. It is equally important to step back and consider why an effective and efficient system of indigent defense is important for all South Dakotans.
First, the Sixth Amendment to the United States Constitution guarantees all citizens counsel when charged with a criminal offense. This guarantee is met at public expense for individuals who cannot afford lawyers. This is a foundational commitment to justice. Before the force of the government can be brought to bear against any citizen, they can have a legal expert interpret the applicable law, explain their options, and advocate freely and forcefully on their behalf in court.
These guarantees make the United States different from other countries. The law applies evenly to all citizens, not selectively based on our station or connections. Indigent defense is good for all South Dakotans because it promotes justice for all.
Second, a well-structured and well-funded indigent defense system makes our criminal justice system more efficient. When there is real expertise working on any legal matter, the big issues get identified and addressed correctly and quickly. This keeps resources focused on the most significant cases and avoids the cost of appeals and postconviction proceedings when mistakes are made.
Additionally, when offices work together regularly, even as adversaries, they develop professional relationships that place the long-term health of the system above advantage in the moment. This is particularly true in South Dakota, where we are fortunate to have a bar with a strong tradition of collegiality. No system is perfect, but having excellent lawyers for both prosecution and defense makes our system function significantly better.
Third, South Dakota currently shifts the obligation to provide indigent defense from the state, which is where the Constitution imposes it, to counties. County governments have a limited revenue base that is under increasing pressure for infrastructure and other expenses. When indigent defense costs jump due to a few large cases (one murder trial can overextend a small county) or increased case volume, counties struggle to sustain the burden.
You can read the full article at South Dakota Searchlight.