Miscellaneous

Defending South Carolina's Defendants

By Anne Skove, Esq.

What have you done for your state lately?

If you're a member of the South Carolina State Bar, you may have taken an indigent defense case.

South Carolina is unique in its rule that all attorneys admitted to practice in the state be on call for such cases. Rule 608, Appointment of Lawyers for Indigents, requires the state bar to create two lists.

The criminal list consists of "all active members who have been certified to serve as lead counsel in capital cases, "and all (!) other active members who normally represent at least three (3) clients before the court of general sessions during a calendar year and are eligible for appointment in the county" (exclamation point ours!).

The civil list consists of "all other active members eligible for appointment in the county." ALL.

A few exempt classes (age, conflicts, full-time caregivers not practicing law, etc.) exist.

There is also a trial experiences rule, requiring those admitted to the bar to participate or observe "an entire testimonial-type trial or hearing."

Do lawyers like the rule? Is the dirt orange? Most we've heard from feel that the best people -- those who specialize in criminal defense work -- do not get to serve these needy clients the best way possible. The constant supply of free lawyers means that the "real" public defender offices are chronically under-funded.* And, lawyers who are not interested in (or, frankly, not very good with) these cases simply do not enjoy the prospect of being appointed to one.

But it's an interesting exercise to consider what it means to be an active member of a state bar. Rule 608 asks member to endure more than a grueling, expensive exam, pay dues, and appear annually at a CLE. While its nearly universal unpopularity may mean it won't be around forever, this rule points to a duty, a call and calling.

*Then again, aren't they all under-funded? The county-based system of establishing public defender offices could also be a factor in their discontent.

Full post as published by court-o-rama.org on March 26, 2008 (boomark / email).