The entrance to the South Dakota Supreme Court at the state Capitol in Pierre. (Joshua Haiar/South Dakota Searchlight)
The South Dakota Supreme Court has overturned an aggravated assault conviction based on the poor performance of the defendant’s court-appointed Sisseton lawyer.
The issue of ineffective public defenders has been top of mind for the state court system over the past two years. The state convened a study group on the issue at the behest of Chief Justice Steven Jensen, who told lawmakers that the state lacks enough well-trained attorneys, especially in rural areas, to protect the rights of defendants.
The study group’s members have noted repeatedly that failure to properly defend clients can lead to appeals and overturned convictions. Lawmakers signed off on the creation of a statewide public defender’s office this year, and the Unified Judicial System recently hired a Sioux Falls lawyer to head up the office.
In the future, that state-level office will handle all criminal appeals to the state Supreme Court by “indigent” defendants who can’t afford an attorney, while counties will continue to pay for those defendants’ attorneys in the lower courts.