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Letting Lawyers See Inmates: Another State v. Minnehaha Co. Issue?

I’m sitting in the waiting area of the Jameson Annex at the SD State Prison, cooling my heels, waiting to see a client.

Another attorney is also there, talking to people in white shirts—officers—at the prison.

She’s told that unless she signs a waiver of liability, she can’t see her clients.

She says she can’t sign the waiver.

The problem? She works for Minnehaha County as a public defender and doesn’t have the authority to waive liability.

The prison officer—who was really quite polite—said he was sorry but unless she signed the waiver, no visits today.

So, a government employee was trying to do her job and represent her clients—and couldn’t.

Meanwhile, like the Minnehaha County Treasurer’s Office/State of South Dakota disagreement over the new licensing system, another county agency comes grinding to a halt.

The state doesn’t want to be liable if an inmate goes Postal on a PDO. The County hasn’t authorized anyone to waive liability. The PDO just wants to do her job.

I have no idea who is at fault. All I know was that I saw my tax dollars not at work today—and the state and county headed down another path of bad blood and poor cooperation.

I just hope they get things worked out.

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Posted on Thursday, July 24, 2008 by Registered CommenterTodd Epp | Comments3 Comments

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Reader Comments (3)

It ain't rocket science. Where the heck is the state bar? the supreme court justices? What kind of crap is state bribary for a "waiver" in case the state doesn't do its job to provide a safe, secure environment while the detained/imprisioned exercise one of the few constitutional rights they have remaining? (Ideally an honest-broker AG should resolve this, but we know that won't happen.) Someone in DOC or the AG should be suspended for this.

July 24, 2008 | Unregistered CommenterJohn

Skippy, this is easy.......

Hire yourself a good attorney and sue. Oh wait, someone could argue that a good attorney drafted the waiver.....

Don'tcha just love it......

July 25, 2008 | Unregistered CommenterAlter Ego

your tax dollars at work (if you live in Minnehaha county ) to promote cage fighting !:

http://www.argusleader.com/apps/pbcs.dll/section?Category=getpublished03

July 28, 2008 | Unregistered CommenterAnon

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