Minnehaha County, South Dakota
Circumstances in which there is a right to counsel provided by the County
Indigent parties may apply for legal counsel to be provided by Minnehaha County when they have a statutory "'right to counsel" and in those circumstances where the defendant may be deprived of their liberty if they are convicted. Although such legal counsel may be provided to eligible persons by the County, the County reserves the right to affix a lien to the person’s property for the cost of such services provided to the indigent person in accordance with state law. A party has a right to counsel provided by the County, under the following circumstances if determined to be indigent in accordance with these guidelines:
Circumstances in which there is no right to counsel provided by the County
It is the policy of Minnehaha County to provide counsel to indigent persons only to the extent articulated above, and only to the extent required by state and/or federal law. Accordingly, Minnehaha County policy does not provide counsel to indigent persons in other cases, including but not limited to:
When to apply/re-apply?
Who should apply?
Factors to be considered in determining eligibility when the applicant is not automatically qualified
Sources of income resources
Determining who is legally responsible for the applicant:
Determining Household Size
Exceptional Factors (Factors to consider that may or may not justify a finding that an applicant is eligible for indigent defense services, even though the applicant otherwise does not meet the eligibility criteria.)
Appointment of Counsel
Notification of Appointment of Counsel