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Louisiana teachers worry about state constitution changes. Ohio experts support a $15 minimum wage for 1 million people. An Illinois mother seeks passage of a medical aid-in-dying bill. And Mississippi advocates push for restored voting rights for people with felony convictions.

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Biden says the U.S. won't arm Israel for a Rafah attack, drawing harsh criticism from Republicans. A judge denies former President Trump's request to modify a gag order. And new data outlines priorities for rural voters in ten battleground states.

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Some small towns in North Dakota worry they'll go to pot if marijuana is legalized, school vouchers are becoming a litmus test for Republicans, and Bennington, Vermont implements an innovative substance abuse recovery program.

SD public defense duties shift from counties to state

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Tuesday, March 19, 2024   

South Dakota is creating an Office of Indigent Legal Services after House Bill 1057 passed the Legislature with nearly unanimous support this month.

The U.S. Constitution gives all people accused of a crime the right to a lawyer. South Dakota is one of only two states where counties, not the state, have been responsible for providing public defenders for those who cannot afford to pay.

Neil Fulton, dean of the Knudson School of Law at the University of South Dakota and co-chair of the Indigent Legal Services Task Force, said costs added up for counties, and noted there are added challenges for people in rural counties seeking attorneys.

"The biggest challenge is just availability," Fulton observed. "And the geographic reach from where the lawyer is to where the client is."

Fulton predicted the bill will improve the quality of public defense. He hopes to see the new state office taking cases by the end of this year, following the creation of a Commission on Indigent Legal Services and hiring and training attorneys.

It is still undecided how the program will be funded long-term. Indigent defendants are expected to pay back the costs of their legal services.

Samantha Chapman, advocacy manager for the American Civil Liberties Union of South Dakota, urged changes to the practice.

"We hope that there'll be future policy reform bills changing the way that the state is recouping the costs from those indigent defendants, many of which will never be able to pay off their debt," Chapman stressed.

The changes to the system are projected to cost the state $1.4 million annually, and save counties more than $1.5 million.


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