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Brown County posts RFP for indigent counsel as commissioners continue exploring public defender office
Summary
Brown County read a request for proposals (RFP) for indigent defense services covering statutory obligations under SDCL 23A-40-6 and 23A-40-7, said no proposals had been received, and said the county is taking applications for a head public defender as it evaluates creating a public defender's office.
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Brown County commissioners discussed a request for proposals for indigent defense services and said the county is actively pursuing applications for a head public defender as it explores creating a public defender office.
The RFP, read into the record, asks for proposals to provide legal services to fulfill Brown County’s statutory obligations under South Dakota statutes 23A-40-6 and 23A-40-7. The listed case types include adult criminal cases, juvenile criminal cases, abuse and neglect proceedings, mental illness commitments and alcohol commitments. The county said it intends to contract for one year beginning Jan. 1, 2025, and that county counsel may contract with one or more independent attorneys to reduce conflicts of interest.
A staff member noted, “We did not receive any,” when reporting on proposals submitted in response to the RFP. A commissioner additionally said the county is taking applications for the head public defender and that the application period “closes on Friday of this week,” though the transcript did not specify a calendar date for that Friday.
County officials said a committee formed to review head public defender applications will meet after the application period closes to vet candidates and determine next steps. No formal vote or contract award was reported at the meeting.
Why it matters: counties are required by state law to provide appointed counsel in the case types listed; establishing an in‑house public defender’s office would change how the county meets those obligations and could affect staffing, contracting and conflict-management practices.
What’s next: the county will review head public defender applications after the advertised deadline; any decision about establishing a public defender’s office or awarding a contract under the RFP was not made at the meeting and remains pending.

