Chief Justice Jensen outlines statewide indigent defense overhaul, pretrial proposals and courthouse security plans

Chief Justice Steven R. Jensen delivered the 2025 State of the Judiciary message to a joint session of the South Dakota Legislature, saying the courts will move from a county-managed indigent defense model toward a statewide system and seek legislative authorization for expanded trial-level services.

Jensen said the legislature enacted legislation this past session to create a Commission on Indigent Legal Services and to fund an Office of Indigent Legal Services, and he outlined next steps for implementation at the trial-court level. The new office received $1,400,000 in ongoing funding and the legislature also authorized a one-time $3,000,000 appropriation to counties, Jensen said.

The chief justice said the commission has already begun work, selecting a law-school dean to chair the panel and hiring Chris Miles as chief defender to run the new office. He told lawmakers the office initially will handle court-appointed criminal appeals, habeas corpus matters and child-abuse-and-neglect appeals, and that expanding to trial-level regional public defender positions will require additional statutory authorization and agreements about state and county funding.

Jensen framed the changes as an effort to improve access to counsel and ensure compliance with Sixth Amendment obligations. "The creation of the commission and the office of indigent legal services is a monumental first step to create a more efficient and effective system of indigent defense in South Dakota," he said.

The chief justice presented projected savings tied to centralizing appellate-level work: about $600,000 per year in efficiencies and more than $2,100,000 in cumulative county savings, attributable to consolidated management and expertise. He also said judges and some counties continue to struggle to find counsel for serious felony trials in rural areas, noting that travel time and uncompensated hours are a factor.

Access to the courts beyond criminal representation was a second major theme. Jensen said about 80% of civil cases nationwide include at least one self-represented litigant and that South Dakota sees similar trends. He described a newly created Commission on Access to the Courts — an 11-member body — charged with recommending process improvements, developing legal forms, helping legal-aid organizations, using technology, and proposing rule changes to assist self-represented parties.

Probation and treatment programs were highlighted with data: court services supervised 7,469 adults and 1,490 juveniles on probation in fiscal 2024, Jensen said. He said 1,780 adults and 1,038 juveniles were discharged successfully from probation in the most recent year cited.

Jensen described treatment courts as an important rehabilitation tool. He said South Dakota’s treatment courts have served 2,684 participants since their inception, with 1,227 successful completions (about 57%). Fiscal 2024 admissions exceeded projections — 809 participants served versus 698 anticipated — and the average treatment-court program lasts about 491 days.

On pretrial services, Jensen said limited programs exist in larger counties (Minnehaha and Pennington) and that the Unified Judicial System is conducting site visits to study models elsewhere. He said South Dakota law currently lacks clear statutory authority for the judiciary to monitor adults before conviction and that the UJS anticipates offering legislation to create that authority if the Legislature chooses to proceed.

Courthouse security has been a separate focus, Jensen said, citing 56 threats and incidents reported to judges and staff over the past year. He described a three-pronged security approach: local courthouse security committees (51 of 63 counties now have committees), site assessments by Homeland Security and the U.S. Marshals Service (56 assessments completed), and a grants program funded by a one-time $5,000,000 appropriation that covers 75% of recommended security upgrades. Nearly $900,000 in courthouse security projects were approved statewide this past year, he said.

Jensen also raised judicial personal-security concerns and said the UJS provides threat monitoring and services to protect judges’ personal information. He closed by noting recent reappointments and thanking court staff and circuit presiding judges for their work.

The chief justice urged continued legislative collaboration on funding, statutory authority for trial-level indigent defense expansion, and resources for pretrial services and courthouse security, saying those steps are necessary to preserve public trust and access to justice.