Lincoln County commissioners decline lien compromise and repayment plans for resident seeking help with public-defender fees

A Lincoln County resident who said he is caring for his mother after two strokes asked the county commission on March 24 to compromise a roughly $474 lien for attorney fees. The board debated two proposals — a $50-per-month payment plan and an outright forgiveness — and rejected both on recorded roll calls.

Tony Zaka told commissioners he is the sole caregiver for his mother and said he cannot take on the full debt because “I can't pay money,” explaining that his mother “no walking, no talking” and requires round-the-clock care. Commissioners and members of the public described his circumstances and discussed options for repayment or forgiveness.

A motion proposing a $50-per-month payment plan was moved and seconded and put to a roll-call vote; the motion failed. A subsequent motion to forgive the lien in full also failed on roll call (the final recorded votes on the forgiveness motion were: Commissioner Putnham — yes; Commissioner Schmidt — yes; Commissioner Arenss — no; Commissioner Landine — no), leaving the underlying lien in place.

During the discussion board members noted the applicant is a renter, which affects whether a county lien can attach to property, and that the application listed the amount as $474 for public-defender fees. A public speaker, Linda Montgomery of South Dakota, urged the commission to approve forgiveness on humanitarian grounds.

No alternate repayment program or follow-up staff action was approved at the meeting; commissioners did not adopt a formal plan to modify the lien. The item concluded with the motions failing and the commission moving to the next agenda item.

What happens next: The commission did not direct staff to take further action on this individual lien during the meeting. The applicant and members of the public asked for compassion and assistance; any future modification would require a new motion and a recorded vote.