By PIERRE – The state of South Dakota’s criminal defense system for those who can’t afford a lawyer is not functioning well in large swaths of the state and should be overhauled, Supreme Court Chief Justice Steven Jensen told the Legislature Wednesday.
South Dakota has required that people accused of crimes must receive adequate representation in court even before statehood. That system served the state well for a century, but it’s faltering now, Jensen said.
Jensen
Besides making a pitch for funding to overhaul that system, Jensen told lawmakers his budget request includs a new circuit court judge and deputy court clerk for the Second Judicial Circuit — Minnehaha and Lincoln counties. Felony cases in the district have more than doubled in the last decade, while only two new judges were added in that timeframe. Those cases are expected to increase 25% by 2026.
And he updated the Legislature on efforts to increase security at both courthouses and for judges in their personal residences. Those efforts include scrubbing identifying information from the Internet and assessing home residences for security. Two judges received credible threats on their lives, with one assailant found to have a cache of weapons and the other knowing details of where the judge lived and places the judge frequented.
Task force also recommended overhauling indigent defense system
Overhauling the state’s indigent defense system was a recommendation from a task force that studied the issue last year. Members of the group collected data, studied other states and interviewed stakeholders.
MORE: Supreme Court questions if it has authority to answer Kristi Noem’s conflict questions
Currently, county governments provide lawyers for the poor. While large counties – in particular Minnehaha and Pennington – are better equipped to do that, smaller counties struggle. For one, they don’t have the resources to handle some criminal cases. Nor is there an adequate number of lawyers in much of rural South Dakota: In six counties there are no lawyers, and in 23 counties there are three or fewer lawyers, Jensen said.
The final report recommended creating a statewide indigent defense commission and a state public defender office. The commission would be responsible for coordinating a statewide model and would be comprised of nine members appointed by the Legislature, judiciary and governor’s office. Jensen is asking for $1.4 million to start the commission.
“This first step is a big one, but the next step in the process will bring about the most broad-based improvements to a system that lacks much needed oversight,” he said.
The migration from a county-based system to a state system will ensure there’s an adequate supply of lawyers, and it will create efficiencies, saving counties money. But it will also require funding commitments from the state and counties.
Could alcohol tax help pay for indigent defense services?
That could come in the form of an alcohol tax.
Sen. Helene Duhamel, R-Rapid City, the chairwoman of the Senate Judiciary Committee, said reforming indigent crime could be a historic piece of legislation. And she was happy Jensen laid out the details to lawmakers.
“We have two really big pieces of legislation,” she said. “Having the bully pulpit, where had the undivided attention of the Legislature, whoa, that’s big,” she said.
“This is a big deal,” Duhamel added. “I don’t think it’s on everybody’s radar, but it’s huge.”
MORE: Noem touts SD as ‘pilot project’ of conservative reforms in State of State Address
Hansen
Rep. Jon Hansen, R-Dell Rapids, chairman of the House Judiciary Committee, agreed, saying it’s a good move to ensure adequate representation in all courts.
“I think it’s great that our chief justice is attentive to the needs of our criminal justice system,” said Hansen. “It’s obviously very important under our Constitution that defendants have adequate council representing them.”
At the time the task force issued its final report, South Dakota was one of only two states in the nation with a county-centered public defender system, Jensen said.
“This past fall,” he said, “the other state, Pennsylvania, authorized state funding and oversight for indigent defense for the first time.”