Sen. Schoenbeck talks public defenders with Codington County Commission

South Dakota State Senator Lee Schoenbeck (R-Watertown) told Codington County commissioners Tuesday that legislators are examining the counties’ responsibility of providing legal defense for indigent individuals charged with crimes.

Currently, a charged individual may pay for his or her own legal defense or accept a court-appointed attorney funded by the county. Codington County has seen those legal fees continue to rise notably in recent years.

Schoenbeck, an attorney himself and president pro tempore of the state senate, said the issue is the focus of summer studies being done by state legislators. He noted that the studies, which help educate legislators, won’t produce any prospective laws but could motivate a legislator to propose one.

A possible solution, Schoenbeck said, would be a state office that provides public defenders to counties, although he admitted to being reluctant about expanding state government. He noted that some counties rarely need a public defender to deal with a case sent to an appeals court or a capital offense, such as murder. The question is when they do, how well versed is the local attorney hired as the public defender.

Schoenbeck said it’s clear to him that if the state would take over the public defender program it would remove the financial burden from the counties and also provide more efficient legal proceedings for clients.

“I don’t know where exactly that’s going to go, but I think that’s where it’s going to have a discussion,” he added.

After discussion with county Emergency Management Director Andrew Delgado, the commissioners voted unanimously to remove a burn ban put into place a week earlier. Last weekend’s rains and cooler temperatures eased the county’s dry conditions, although officials throughout the county will continue to monitor the situation.

In other actions the commission:

• Approved the lone bid of $568,694.11 from Astech Corporation of St. Cloud, Minnesota, for chip-sealing approximately 8.75 miles of county highways 6A and 23.

• Approved extending a yearly contract of $3,520 per month with Multi Business Solutions of Fergus Falls, Minnesota. MBS employee Natalie Remund handles all human resource services for the county. The previous contract was $3,350 per month.

• Approved the sole bid of $35 per acre by Tyler McElhany of Watertown to cut and remove hay from about 9 acres of county property. McElhany was also the high bidder in 2019 and paid $30 per acre.

• Approved the sale of alcohol at an American Cornhole Organization event at the county Extension Center Oct. 12-14. Last year Dempsey’s Brewery Pub & Restaurant of Watertown supplied the alcohol. Local organizers told commissioners that Dempsey’s may have a scheduling issue and another vendor may need to be found.

• Approved authorizing commission Chairman Lee Gabel to sign the Medicaid Provider Agreement & the Community Health Worker Agency addendum to the South Dakota Medicaid Provider Agreement. County employee Kari Kraayenbrink explained how the county will interact with patients and doctors. Patients will need to be enrolled in the IMPACT program.

• Approved proposed changes to the IMPACT Policies & Procedures manual.

The commission noted that all county offices and the courthouse will be closed next Monday and Tuesday, July 3 and 4, due to the Independence Day holiday. There will also be no commission meeting on July 4.

This article originally appeared on Watertown Public Opinion: Schoenbeck talks public defenders with Codington County Commission