House to vote on funding change to South Dakota's proposed public defenders office

PIERRE — An effort to create a statewide public defender's office and indigent defense commission now heads to the Governor’s desk after a 33-0 vote in the Senate. But before the bill can head to the Governor’s Desk for her approval, it must go back to the House because of a last-minute amendment.

The amendment allows for a $3 million one-time funding appropriation so that counties, who already bear the cost for indigent defense, can be reimbursed based on a new funding formula. The inspiration for the amendment came from a bill that failed last week to further fund the new office and commission.

“It’s very important, I think, that the state step up and give counties an assist in this,” Sen. Jim Melhalff, R-Pierre, said.

The new office, which comes out of HB 1057, will save counties millions of dollars. Currently, South Dakota’s 66 counties are on the hook to pay for the defendant's legal costs if the defendant can’t afford a lawyer. It’s part of the constitutional right to fair legal representation.

More: Bill to create extra funding for SD's indigent defense office stumbles at the start

South Dakota is one of the only states in the country that requires counties to pay for the expenditure. Counties spent at least $20 million with a 3% reimbursement rate in 2022.

The goal of the new public defender's office is to work on appeals, abuse and neglect cases and habeas corpus appeals. The nine-member Indigent Defense Commission, appointed by the Governor, the Legislature, the South Dakota Supreme Court chief justice, and county commission association, will oversee the lawyers who make up the office and will serve on the commission for no longer than 12 years.

Ultimately, the cost of setting up the new office and commission is $1.4 million, with counties saving an estimated $2.1 million a year. A legislative summer study spent months identifying the issues counties face when providing indigent defense and looked to possible solutions, such as HB 1057.

More: SD Indigent Defense Taskforce considers statewide defense service commission

Future legislatures will have the chance to decide how and if the state continues to fund the state public defender office and commission, as well as if the office expands its scope of work.

Multiple senators spoke to how HB 1057 was the brainchild of two summer studies on county funding and indigent defense. Many called it an important step for the future of defense.

“Lifting some of that burden off of counties, doing something smarter, more effective, more efficient and it saves taxpayer dollars,” Sen. Helene Duhamel, R-Rapid City, said, “this is the path forward.”

This article originally appeared on Sioux Falls Argus Leader: New public defender's office passes SD Senate, must go back to House