Family Law

South Carolina Bar Releases Statement in Response to Suspension of Legal Fees for Court-Appointed Attorneys

By Ben Stevens

You might not know that attorneys in South Carolina are appointed to represent indigent persons in various types of legal matters, including abuse and neglect cases filed in the Family Court by the Department of Social Services.  Most attorneys are appointed to handle at least ten (10) such cases each and every year, and some of these cases last well over a year themselves.

In the past, attorneys would be reimbursed nominal compensation of $40.00 per hour for handling these types of cases.  Of course, handling these cases requires that the attorney take time away from his/her other (paying) clients' cases and his/her family to do so.  Recently, our state legislature, the General Assembly, refused to appropriate sufficient money to fund this system, and the attorneys in South Carolina were notified approximately two weeks ago that no reimbursement would be forthcoming for any requests made after December 31, 2008.

The President of the South Carolina Bar, Flo Lester Vinson, issued the following statement on December 29, 2008, about this situation:

The Bar is deeply distressed over the announcement of the suspension of payment of legal fees to court-appointed attorneys in non-capital cases. Prior to this latest announcement, the General Assembly had failed to appropriate any recurring funding for cases involving abuse and neglect of children; the elderly and the vulnerable; termination of parental rights; appointments of guardians ad litem; and other matters heard in family courts across the state. The recently announced elimination of funds to provide representation for many of those accused of crimes further undermines the ability to protect the constitutional rights of our citizens. The Bar is appreciative of the efforts made to sustain the statewide public defender offices, but more resources must be made available and court appointments without compensation must cease.

South Carolina currently ranks 43rd out of 50 states in public defense spending. Public defense is a constitutional right and in many instances a legislative mandate, not a discretionary program. It is extremely disheartening to see that the resources for those seeking due process and competent representation are being compromised, rather than protected. Providing for the protection of constitutional rights through financial resources and personnel is the responsibility of the legislative and executive branches. The State's obligation should not continue to be borne by a small number of private citizens - the legal profession.

Virtually all attorneys in South Carolina are glad to be able to assist with this needed public service of representing indigent clients in these types of cases, but they want (and deserve) some compensation for doing so.  If you feel strongly about this issue, then please contact your state legislator to let him/her know your concerns and your feelings on this important issue.

Full post as published by SC Family Law Blog on December 31, 2008 (boomark / email).