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Public defenders are provided individuals who cannot afford an attorney for criminal cases, including both magistrate and circuit court, abuse and neglect cases, juvenile matters, mental health committals, and alcohol committals. Applications for counsel are available at the Clerk of Courts Office or online. If a Judge determines an individual meets the financial qualifications for a court-appointed attorney, an attorney will be assigned. Court-appointed attorney rates for the state of South Dakota are reviewed and set by the South Dakota Supreme Court on an annual basis. Clients will be billed at an hourly rate of $100.00, and reimbursement for such services may be ordered pursuant to the provisions of SDCL 23A-40-10.

The Office of the Public Advocate is organized under South Dakota law to provide legal representation to indigents and other qualified persons entitled to court-appointed attorneys under the state and federal constitutions and statues.

Maintains court records of all types including civil, criminal, family, and probate; assists with jury trials; provides procedural information; accepts and records payments for filing fees, fines, court costs, and restitution. Also performs record searches and provides record reports upon request. Visit the website and select Court Forms to view and print forms including application for court appointed counsel, child support, custody, divorce, domestic protection order, expungement, guardianship and conservatorship, name change, traffic and criminal offense records, small claims, stalking protection order, and vulnerable adult protection order.

Provides defense to those individuals who cannot afford an attorney. Public defenders are provided for criminal cases, abuse and neglect matters, and some limited civil contempt.

Provides legal services to tribal members charged with criminal offenses. Represents respondents in matters involving juvenile delinquency, involuntary commitment, abuse and neglect, and guardian Ad Litem cases.