The Sixth Amendment Center (6AC) and the South Dakota Unified Judicial System (UJS) have released a report titled “The Right to Counsel in South Dakota: Evaluation of Trial-Level Indigent Defense Representation in Adult Criminal Cases.” This report follows an initiative that began in January 2023, when Supreme Court Chief Justice Steven R. Jensen called for a task force to study issues with the existing county-run indigent defense system.
In response, the 2023 South Dakota Legislature passed HB 1064, establishing the Indigent Legal Services Task Force. The task force issued its final report in October 2023, identifying several challenges and recommending steps forward, including creating an independent commission. This commission would be informed by a review conducted by 6AC, which provides technical assistance concerning the constitutional requirement to provide effective counsel to indigent defendants.
Following these recommendations, the 2024 South Dakota Legislature established the Commission on Indigent Legal Services. To aid this commission, UJS contracted with 6AC for a nine-month evaluation of indigent defense services across state trial courts.
David Carroll, Executive Director of 6AC, stated, “South Dakota is commended for identifying indigent defense issues and taking the necessary first steps to ensure every indigent person in South Dakota is provided an effective attorney." He emphasized that although achieving full compliance will take time, "South Dakota is well on its way."
The report from 6AC outlines concerns with funding and processes related to advising and appointing counsel. It also highlights issues such as attorney oversight, workloads, compensation, and training. Chief Justice Jensen expressed gratitude towards legislative support for creating the task force and emphasized ongoing efforts to ensure legal rights are upheld across South Dakota.
A press conference regarding this report will be held remotely via Zoom at 1:30 p.m. CDT on September 25, 2024. Participants include Chief Justice Steven R. Jensen and other key figures involved in this initiative.
For further inquiries or interviews regarding this matter, contact Greg Sattizahn at the South Dakota Unified Judicial System or Aditi Goel at the Sixth Amendment Center.