South Dakota Unified Judicial System
09/23/2024 | Press release | Distributed by Public on 09/23/2024 07:55
New Report Evaluates Indigent Defense Representation in South Dakota, Press Conference to be Held on September 25
PRESS RELEASE
For Immediate Release: Sept. 23, 2024
Contacts: Greg Sattizahn, State Court Administrator, South Dakota Unified Judicial System, [email protected]| 605-773-3474
Aditi Goel, Deputy Director, Sixth Amendment Center, [email protected]| 617-581-8136
New Report Evaluates Indigent Defense Representation in South Dakota, Press Conference to be Held on September 25
PIERRE, S.D.-The Sixth Amendment Center (6AC) and the South Dakota Unified Judicial System (UJS) announce the release of a new report prepared by 6AC titled "The Right to Counsel in South Dakota: Evaluation of Trial-Level Indigent Defense Representation in Adult Criminal Cases."
South Dakota's study of indigent legal services began in January 2023, when Supreme Court Chief Justice Steven R. Jensen asked the Legislature to create a multi-disciplinary task force to study concerns with the existing county-run and funded indigent defense system, attorney availability, and compensation of court-appointed counsel. The 2023 South Dakota Legislature passed HB 1064 creating the Indigent Legal Services Task Force, which issued its final report in October 2023.
In its report, the Task Force identified several challenges with the current model for delivering indigent legal services along with recommendations for steps moving forward. Among these was the creation of an independent commission whose work would be informed by a thorough review of existing practices to be performed by 6AC-a non-partisan, non-profit organization that provides technical assistance and evaluation services to policymakers and criminal justice stakeholders concerning the constitutional requirement to provide effective assistance of counsel to an indigent accused facing a potential loss of liberty.
Following the Task Force's report, the 2024 South Dakota Legislature created the Commission on Indigent Legal Services whose members are appointed by the Governor, Legislature, Chief Justice and counties. To assist the Commission in its work, the UJS implemented the additional recommendation for a thorough study by contracting with 6AC, which undertook a nine-month statewide evaluation of indigent defense services in South Dakota trial courts.
6AC Executive Director David Carroll said, "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. With a new state commission, the state has a strong structural foundation to build, and eventually house, an indigent defense system that meets this goal. Although getting to the finish line will take time, South Dakota is well on its way to meeting this important constitutional obligation in full. The Unified Judicial System is singled out for their leadership and partnership in meeting this constitutional right."
6AC's report identifies several concerns with the current indigent legal services delivery model including funding, processes for advising and appointing counsel as well as attorney oversight, workloads, compensation and training. 6AC's report also listed several recommendations, including:
- The newly established Commission should promulgate standards necessary to ensure the effective assistance of counsel across the state.
- The Commission should be funded through state annual appropriations at the level necessary to enforce standards statewide.
- South Dakota should consider ending its practice of attempting to recoup money spent for indigent defense.
- South Dakota should prevent prosecutors from speaking with unrepresented defendants who face the possibility of incarceration and have not waived the right of counsel.
- UJS should develop a standard rights advisory for trial judges that would address the right to counsel, among other rights guaranteed to an accused.
"This report includes a thorough, and sometimes candid, look at some of the current challenges the state faces as it seeks to fulfill the constitutional obligation to ensure the right to counsel for indigent people who are facing the prospect of jail or prison," Chief Justice Jensen said. "I am grateful to the Legislature and the Governor whose support led to the creation of the Indigent Legal Services Task Force and, ultimately, this report by the Sixth Amendment Center. We will continue to study the report in the months to come and work with the other branches of state government to ensure the right to counsel for eligible people no matter where they are in South Dakota."
PRESS CONFERENCE:
South Dakota Supreme Court Chief Justice Steven R. Jensen, Commission on Indigent Legal Services Chair Neil Fulton and Sixth Amendment Center Deputy Director Aditi Goel will hold a remote press conference via zoom at 1:30 p.m. CDT on Wednesday, Sept. 25, 2024.
Zoom Link: https://us06web.zoom.us/j/88342573865?pwd=5i9GYs4WVKLooUXbSmesFCSLuR4VoZ.1
Meeting ID: 883 4257 3865
Passcode: 429173
INTERVIEWS & PRESS INQUIRIES:
Greg Sattizahn, State Court Administrator
South Dakota Unified Judicial System
[email protected]
605-773-3474
Aditi Goel, Deputy Director
Sixth Amendment Center
[email protected]
617-581-8136
-30-
About South Dakota Courts:The Unified Judicial System (UJS) consists of the Supreme Court, Circuit Courts and State Court Administrator's Office. The Supreme Court is the state's highest court and final decision maker on South Dakota law. The Circuit Courts are the state's trial courts where criminal proceedings and civil litigation are handled. The State Court Administrator's Office provides centralized administrative assistance and support services for the South Dakota judiciary. Learn more at https://ujs.sd.gov.
About Sixth Amendment Center:Founded in 2013, the Sixth Amendment Center (6AC) is a non-partisan, non-profit organization that provides technical assistance and evaluation services to policymakers and criminal justice stakeholders concerning the constitutional requirement to provide effective assistance of counsel to an indigent accused facing a potential loss of liberty. Learn more at https://6AC.org.