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Evacuations underway after barge slammed into Pelican Island bridge in Galveston, causing oil spill; Regional program helps Chicago-area communities become 'EV Ready'; MI leaders mark progress in removing lead water lines; First Amendment rights to mass protest under attack in Mississippi and beyond.

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Speaker of the House Johnson calls the Trump trial 'a sham', federal officials are gathering information about how AI could impact the 2024 election, and, preliminary information shows what could have caused the Francis Scott Key Bridge crash.

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Americans are buying up rubber ducks ahead of Memorial Day, Nebraskans who want residential solar have a new lifeline, seven community colleges are working to provide students with a better experience, and Mississippi's "Big Muddy" gets restoration help.

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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