All data is current as of 2022, unless otherwise noted.
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How the right to counsel is administered and structured
All trial-level right to counsel services in criminal and juvenile delinquency cases in South Dakota are the responsibility of the counties and municipalities.
How the right to counsel is funded
Counties and municipalities are responsible for providing 100% of the funding for the right to counsel of indigent people in criminal and juvenile delinquency cases in the trial courts.
The methods used to provide public counsel
County boards and municipal governing bodies must establish systems for the representation of indigent people in criminal and juvenile delinquency cases in the trial courts, which they are allowed by state law to do through a public defender office, contracting with attorneys, or creating a plan for courts to appoint attorneys.
Only three of South Dakota’s 66 counties have a public defender office: Lawrence County (Deadwood), Minnehaha County (Sioux Falls), and Pennington County (Rapid City).
Legal authority
South Dakota Constitution, art. VI, § 7
South Dakota Codified Laws, §§ 23A-40-6 through 23A-40-20 (counsel for indigent defendants)
Unified Judicial System Policy, 1-PJ-10 (rules for court appointed counsel)
Source of data: original research conducted by Sixth Amendment Center staff.
