South Dakota
The state of South Dakota delegates to its local governments the responsibility for funding and administering indigent defense services in adult criminal trials, though the state reimburses a portion of the costs. A state commission provides limited oversight of local indigent defense.
The state of South Dakota delegates to its local governments the responsibility for funding and administering almost all indigent defense services for adult criminal cases in its appellate courts. The state funds and administers some appeals. A state commission provides limited oversight of indigent defense.
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66 Counties Primarily Locally Funded
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66 Counties Locally Administered
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66 Counties with a Commission With Limited Authority
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66 Counties Primarily Locally Funded
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66 Counties Primarily Locally Administered
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66 Counties with a Commission With Limited Authority
Every county in South Dakota is responsible for administering and primarily funding trial-level indigent defense services. County board of commissioners can provide services through a public defender office, contracts with private attorneys, or private attorneys appointed on a case-by-case basis.
The Commission on Indigent Legal Services (CILS) is responsible for providing oversight of local indigent defense services and reimburses a portion of counties’ costs. CILS can set and enforce standards on caseload, training, and conflict of interests and can collect data from local systems. Diverse authorities appoint the commission’s nine members, who in turn appoint a chief defender to head the Office of Indigent Legal Services. The office administers CILS’ day-to-day oversight responsibilities and provides direct representation in some appellate cases.
Counties in South Dakota are primarily responsible for funding and administering indigent defense services in adult criminal appeals. County board of commissioners can provide services through a public defender office, contracts with private attorneys, or private attorneys appointed on a case-by-case basis. The state Office of Indigent Legal Services provides representation in some appellate cases, as well as in some habeas corpus appeals, and abuse and neglect appeals.
The Commission on Indigent Legal Services (CILS) is responsible for providing oversight of indigent defense. Diverse authorities appoint the commission’s nine members, who in turn appoint a chief defender to head the Office of Indigent Legal Services. CILS can set and enforce standards on caseload, training, and conflict of interests and can collect data from local systems. The Office of Indigent Legal Services administers CILS’ day-to-day oversight responsibilities in addition to providing some direct appellate representation.
Dig Deeper
Who serves on the commission?
What are the required qualifications of the chief defender?
How does the state disseminate funding to local governments?
In which branch of state government does the indigent defense system reside?
Articles (6)
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Pennsylvania is off the “no state funding” list. Is South Dakota next?
December 14, 2023 -
The State of the Nation on Gideon’s 60th Anniversary
March 14, 2023 -
Broken Defense, a seven-part series exposes the depths of the indigent defense crisis in western states
February 7, 2023
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Criminal justice issues that disproportionately harm poor people, such as wrongful convictions and over-incarceration, cannot be fixed if indigent defendants are given attorneys who do not have the time, resources, or qualifications, to be a constitutional check on government. Yet, investment in improving indigent defense services remains largely neglected. The Sixth Amendment Center is the only nonprofit organization in the country that exclusively examines, uncovers, and helps fix the root of the indigent defense crisis in which inequality is perpetuated because poor defendants do not get a fair fight.
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