Under the Criminal Justice Act, 18 U.S.C. sec. 3006A, all persons charged with federal offenses who are financially unable to obtain adequate representation are entitled to the appointment of counsel to represent them.  The Federal Public Defender is appointed to represent financially eligible federal defendants in South Dakota and North Dakota. If for some reason the FPD is unable to represent the defendant, a private attorney, who is qualified for appointment under the CJA, is appointed to represent the defendant.