Town Seeks County Funding for Public Defender

The town is in the process of obtaining a public defender at the county's expense.

On Monday, the public safety committee met to bring the issue of a town-provided public defender before Wednesday's council meeting. Under the motion, the town will hire a public defender either part time or full time, or have a process of paying per hour per case. The town unanimously voted Wednesday to ask Dorchester County to provide funding for a public defender.

"We don't have a responsibility to provide a public defender but we would like to see one," Mayor Bill Collins said. "People who live in the town of Summerville pay county taxes and that's what pays the salaries for the court system and public defenders."

Under South Carolina law, counties are responsible for courts. It is optional for a town to have a municipal court, which is why the town is seeking county funding, according to Councilman Walter Bailey. 

"I'm having a hard time wrapping my head around why the location of the court mattters," Councilman Bill McIntosh said. "Why, because they're also paying additional taxes to the Town of Summerville, does that mean that these state charges mean they have to pay additional money for a public defender because there are two court houses?"

In September, S.C. First Circuit Public Defender Mark A. Leiendecker approached council and expressed the need for a public defender in the town. 

The current system pays for public defenders as needed.

During Wednesday's meeting, Summerville resident Kelly Lax spoke during the public comments section in support of the having a public defender in the municipal court.

"It's not about guilt or innocence. It's about ignoring basic rights that are supposed to be guaranteed," Lax said. 

In the municipal court, an indigent defendant would be awarded a public defender if they were facing jail time. But the municipal court only takes on cases that have less than 30 days jail time, like driving under the influence first offense or criminal domestic violence first offense.

"Very few things will give you jail time in our system," Collins said.

McIntosh said most of the charges a municipal court can handle are misdemeanors.