South Carolina

The state of South Carolina administers indigent defense services in adult criminal trials for some court levels. Local governments administer services for other court levels. The state and local governments share funding obligations, including state funding for some court levels and local funding for other court levels. A state commission oversees state-administered services.

The state of South Carolina funds and administers all indigent defense services for adult criminal cases in its appellate courts. A state commission oversees all appellate services.

  • 46 Counties Shared State and Locally Funded

  • 46 Counties Shared State and Locally Administered

  • 46 Counties with a Commission With Limited Authority

  • 46 Counties State Funded

  • 46 Counties State Administered

  • 46 Counties with a Commission With Statewide Authority

The state of South Carolina administers indigent defense services in every court, except for municipal courts where the state requires municipalities to fund and administer all services. The state provides services through circuit public defender offices, contract attorneys paid a flat fee, and private attorneys paid hourly. The state and counties jointly fund circuit defender offices: the state pays the salary of each office’s chief public defender, the counties pay for office overhead, and the state and counties jointly fund staff public defenders. The state pays private attorneys, subject to local judges’ approval. The state Office of Indigent Defense (OID) provides statewide services in capital trials and appeals.

The South Carolina Commission on Indigent Defense (SCCID) oversees the OID and state-administered services. A local selection panel selects the chief public defender for each circuit, subject to the commission’s approval. The governor appoints most of the commission’s 13 members from recommendations by diverse groups. SCCID appoints OID’s executive director and has the authority to establish standards. The state commission has no oversight of services administered by municipalities unless the municipality has contracted with a circuit public defender to provide representation.

The state-funded Office of Indigent Defense (OID) administers indigent defense services in all adult appeals across South Carolina. The division of appellate defense of the OID provides appellate representation through staff public defenders. Private attorneys under contract with OID handle conflict cases. The state office also administers services at the trial level.

An executive director leads OID, and the South Carolina Commission on Indigent Defense (SCCID) oversees the agency. The governor appoints most of the commission’s 13 members from diverse groups’ recommendations. SCCID appoints OID’s executive director and has the authority to establish standards.

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Questions Open/Close

Who serves on the commission?

Who serves on a local selection panel?

Is there any pay parity between indigent defense providers and prosecutors in the state?

Is an indigent defendant required to pay a fee for their appointed counsel?

In which branch of state government does the indigent defense system reside?