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Duffy v. Circuit Court For the Seventh Judicial Circuit2/11/2004
n approving the fees under South Dakota law.
Background of Compensation for Court Appointed Attorney Fees
. We begin with the premise that appointed counsel serves an invaluable service in maintaining the integrity of our criminal justice system. The Sixth Amendment to the United States Constitution guarantees a right to counsel for criminal defendants. The importance of this right has been expressed by the United States Supreme Court in numerous cases. It was succinctly explained in U.S. v. Cronic:
An accused's right to be represented by counsel is a fundamental component of our criminal justice system. Lawyers in criminal cases "are necessities, not luxuries." Their presence is essential because they are the means through which other rights of the person on trial are secured. Without counsel, the right to a trial itself would be "of little avail," as this Court has recognized repeatedly. "Of all the rights that an accused person has, the right to be represented by counsel is by far the most pervasive, for it affects his ability to assert any other right he may have."
466 US 648, 653-54, 104 SCt 2039, 2043-44 (1984). In fact, criminal defendants possess the right of effective assistance of counsel. McMann v. Richardson, 397 US 759, 771, 90 SCt 1441, 1449 (1970). One way South Dakota meets this demand is to appoint private counsel to represent indigent defendants. SDCL 23A-40-8; SDCL 23A-40-9. Although lawyers are encouraged to provide public services, it has long been realized that lawyers cannot afford to provide effective assistance of counsel to indigent defendants without compensation.
. At least since Gideon v. Wainwright, state courts, county commissioners, and attorney groups have been challenged by how best to provide indigent clients with their Sixth Amendment right to counsel. 372 US 335, 83 SCt 792 (1963). In South Dakota, the legislature has provided assistance of counsel for indigents since 1901. The legislature has amended the statutes several times; however, since 1901 it has always included the language that appointed counsel shall receive "a reasonable and just compensation." In addition to the legislative responses to appointed counsel legal fees, joint committees have been formed periodically to study the issues surrounding the fees. One concern was that each circuit and judge had its own method of determining fees. Some believed that the fee schedule should be uniform across the state.
South Dakota Rules for Compensation of Court Appointed Counsel
. In 1998, a committee composed of legislators, judges and lawyers studied appointed counsel fees and proposed rules for compensation. The proposed rules were approved by the presiding judges of the judicial circuits in November 1999 to be effective January 1, 2000. The rules set forth the duties of appointed counsel and rate of compensation as well as a procedure to review a court's reduction of fees. Further, the rules were to be uniform for all circuits.
Approval or Disapproval of Attorney's Fees and Costs
. In conformity with the Rules for Compensation of Court Appointed Counsel adopted by all judicial circuits, the presiding judge of the Seventh Judicial Circuit entered Standing Order 00-1. Standing Order 00-1 duplicates the Rules for Compensation. As a right under the Rules and Order, an attorney who is dissatisfied with the amount of compensation allowed by the court may ask for a hearing. The procedure for review is set as follows:
A. If the full amount of the voucher or statement for fees by counsel is not approved by the trial judge, the trial judge must explain, either orally or in writing, the reasons fo
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