South Dakota Chief Justice Steven Jensen on Courts, AI, and Public Trust

Justice Speaks Podcast #100

In this episode, Justice Speaks continues its national series, Conversations with America’s Chief Justices, exploring how chief justices are addressing the challenges facing their courts and preparing their judicial systems for the future. Today we interview Chief Justice Steven Jensen of the South Dakota Supreme Court who reflects on his path from a rural South Dakota farm to the state’s highest court.  In the course of the interview he discusses judicial recruitment, access to justice, artificial intelligence, public trust, treatment courts, and the future of the legal profession. The chief justice interviews in this series are sponsored by Reconnect.

From a South Dakota Farm to the Supreme Court

Chief Justice Steven Jensen grew up on a farm in rural South Dakota. His interest in government and public service developed while studying political science and participating in an internship on Capitol Hill. That experience introduced him to the legal profession and helped shape his decision to attend law school. After earning his law degree, he clerked for the South Dakota Supreme Court for a year then became a civil litigator before becoming a circuit court judge.

Chief Justice Jensen served on the trial bench for 14 years, six of those years as a presiding judge. That experience gave him responsibility not only for deciding cases but also for helping manage court operations and supporting the judges and staff within his circuit. In 2017, he was appointed to the South Dakota Supreme Court.

Judicial Selection and the South Dakota Court System

The conversation explored South Dakota’s judicial selection system. Supreme Court justices are chosen through a merit selection process in which a commission evaluates applicants and submits candidates to the governor. Once appointed, justices periodically appear before voters in retention elections. Chief Justice Jensen explained that South Dakota’s court system has three levels: magistrate courts with limited jurisdiction, circuit courts with general jurisdiction, and the Supreme Court, which serves as the state’s only appellate court of right.

Chief Justice Jensen emphasized that a successful judiciary depends on well-trained, capable judges and court employees who are viewed as fair, competent, and hardworking. Courts must invest in judicial education and provide personnel with the resources needed to perform demanding work effectively. At the same time, South Dakota faces challenges in recruiting judges. Circuit court openings now attract fewer applicants than they did 20 years ago, raising concerns about the future strength of the judicial applicant pool.

Access to justice remains another significant challenge. Many individuals appear in court without lawyers because they cannot afford representation or cannot locate attorneys able to handle their cases. Some people choose to represent themselves because they want to present their arguments directly, but navigating court procedures without legal assistance can be difficult. Chief Justice Jensen also identified a shortage of public service lawyers who can provide effective and affordable representation to consumers and people of limited means.

Artificial Intelligence in South Dakota Courts

Artificial intelligence may help address some of these challenges, but it also creates new pressures. Chief Justice Jensen discussed the potential for AI to improve language translation and make legal information more accessible. However, AI can also generate longer and more complicated filings, increasing the burden on judges and court staff. Because AI is already present throughout court operations, courts must understand how it is being used and establish appropriate policies, safeguards, and oversight.

The discussion also focused on public trust. Although courts often receive higher public approval than other government institutions, Chief Justice Jensen believes the judiciary must do more to explain its work. Community engagement, educational outreach, and programs involving schools can help people understand how courts serve their communities. Treatment courts, probation services, and other problem-solving initiatives also demonstrate how courts can improve lives, promote accountability, and strengthen public safety.

New Approaches for Juveniles and Emerging Adults

Looking ahead, South Dakota plans to expand juvenile treatment courts and develop stronger mentoring programs for emerging adults between the ages of 18 and 25. Chief Justice Jensen noted that conventional supervision practices do not always account for the developmental differences between emerging adults and older individuals. More age-appropriate approaches may improve engagement and outcomes while maintaining accountability.

Chief Justice Jensen concluded by emphasizing that law is fundamentally a service profession. Judges, lawyers, and court leaders must remain focused on providing fair and effective service to every person who enters the justice system. Their responsibility is to help people resolve disputes fairly while preserving confidence in the courts and the rule of law.

Justice Speaks wishes to thank Chief Justice Jensen for contributing to this continuing national conversation about state court leadership and the future of justice. Justice Speaks also thanks Reconnect for sponsoring the chief justice interviews presented in this series.