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Chief Justice Stephen Jensen: ‘I came to a full appreciation of the justice gap’ as self‑representation rose in state courts
Summary
In a Talk Justice interview, Chief Justice Stephen Jensen described seeing many self‑represented litigants after joining the bench and said that access to counsel is central to system integrity. He praised Legal Services Corporation support and urged continued collaboration to close the justice gap.
Chief Justice Stephen Jensen of the South Dakota Supreme Court told the Legal Services Corporation podcast Talk Justice that he ‘‘came to a full appreciation of the justice gap when I came onto the bench’’ after observing large numbers of self‑represented litigants and the strain that creates on courts and individuals.
Jensen, the guest of host Ron Flagg, described how his experience clerking for Justice Richard Sabers and nearly two decades in private civil practice — including regular pro bono work — informed his view that many people who need civil legal help do not receive it. ‘‘I saw the number of self represented litigants in the courts and the impact of that both on the individuals trying to present their cases, but also on the entire justice system and the integrity of the system,’’ he said.
Why it matters: Jensen emphasized that state courts handle the vast majority of cases — ‘‘about 97, 98%’’ — and that ensuring access to counsel and to the courthouse is essential to protecting litigants’ rights. He framed the problem as both a practical and institutional challenge: self‑representation increases caseload complexity and can make it harder for judges and staff to identify substantive issues among high volumes of filings.
Jensen praised partnerships among courts, bar groups and legal aid programs as vital to reducing the gap. He thanked the Legal Services Corporation for support to South Dakota and nationally. Host Ron Flagg noted recent congressional action that preserved most of LSC’s funding for the year; Jensen congratulated LSC on that result and highlighted how funding supports legal services that benefit court operations.
The episode outlines several reform and support strategies — including rural practice incentives, alternative licensure programs, and investments in court staff and technology — intended to expand representation and ease court burdens. Jensen and Flagg agreed that multilateral collaboration among courts, bar associations and funding bodies is required to make sustained progress.
