South Dakota Supreme Court Chief Justice Steven R. Jensen has announced the appointment of three individuals to the newly established Commission on Indigent Legal Services. The appointees are Dean Neil Fulton from USD Knudson School of Law, who will serve a four-year term; Betsy Doyle from the Minnehaha County Public Defender’s Office, appointed for a three-year term; and Judge Bobbi Rank from the Sixth Judicial Circuit, who will serve a two-year term.
The formation of this commission follows the signing into law of HB 1057 by Governor Kristi Noem on March 18, 2024. This legislation establishes both the Commission on Indigent Legal Services and the Office of Indigent Legal Services.
The primary role of the commission is to oversee indigent representation services within South Dakota's court system. It aims to ensure effective assistance of counsel in cases where there is a right to counsel under state or federal law. Additionally, it will supervise the new Office of Indigent Legal Services, which provides statewide representation in direct criminal appeals, habeas corpus appeals, and child abuse or neglect appeal cases.
Chief Justice Jensen emphasized the importance of legal representation: “Ensuring the right to counsel for every person accused of a crime is fundamental to upholding the right of due process—that is the right to be heard and present a defense to a charge by the government,” he stated. He further noted that just as effective counsel is expected for government cases, it is equally essential for those accused to have access to competent legal representation.
The commission will consist of nine members in total. Apart from Chief Justice Jensen's appointees, three members will be appointed by the Governor, one by the president pro tempore of the Senate, one by the speaker of the House, and one by the executive director of the South Dakota Association of County Commissioners.
For more details on HB 1057, visit https://sdlegislature.gov/Session/Bill/24943