South Dakota Chief Justice Steven R. Jensen discusses state courts, public interest law and rural access to justice

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WASHINGTON - Chief Justice Steven R. Jensen appears on a new episode of the Legal Services Corporation's (LSC) podcast, "Talk Justice." LSC President Ron Flagg speaks with the Chief Justice about his path to South Dakota's Supreme Court, the national Conference of Chief Justices, efforts to promote public interest law, access to justice initiatives and the challenges facing state courts.

Jensen, who is currently serving his second term as chief justice, was first appointed to the South Dakota Supreme Court in 2017.

Growing up on a farm near Wakonda, South Dakota, Jensen said he had never met a lawyer until he was in college. His interest in history and government drew him to the profession. Then early in his law career, his mentors emphasized the importance of giving back. An awareness of the true level of need for legal help came later.

"In terms of thinking about our obligation as lawyers, we've been given a lot - we need to give back," said Jensen. "But honestly, I would say that I really came to a full appreciation of the justice gap when I came onto the bench and 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."

Jensen is the President-Elect of the national Conference of Chief Justices, which unites the highest judicial officers from across the country to strengthen state court systems. About 98% of cases filed in the U.S. are filed in state courts, Jensen explained. With so much demand, it is a challenging task to ensure that everyone has access to the courts and the opportunity to be heard. Coming from a less populated state, Jensen said, being able to lean on the expertise of the Conference has been valuable, both in terms of its research and resources, but also through connections with other chief justices.

"We're nonpartisan, and our focus is, 'how do we improve the courts?'" said Jensen. "We don't talk about politics, and [while] we've got red states and blue states, that's not part of our focus and that's not what we talk about. We talk about how we can improve the work we're doing, and I think that's really been a recipe for success for us, particularly in the climate we're in today."

Jensen also serves as a member of the Conference's Committee on Legal Education and Admissions Reform (CLEAR). He and Flagg collaborated in a working group focused on public interest and public service attorneys. CLEAR's report and recommendations were published last year.

"CLEAR was an effort, really for the first time, by state courts as regulators of the legal profession to look at law licensure, practice readiness, and then encouraging lawyers to engage in public interest law," Jensen said.

"Studies show that most law students go to law school for the same reason I did: they want to make a difference in people's lives," he continued. "But what we often see studies show is what they call 'public interest drift,' where an individual enters law school with the sort of wide eyes and excited about making a difference, and then sometimes [they are confronted with] the economic practical realities of the cost of legal education, lower salaries in public interest law, and so there's some of that drift."

To hear more of Jensen's thoughts on approaches for promoting public interest and improving access to the courts, listen to the full episode of Talk Justice online, on Spotify, YouTube or Apple Podcasts. The podcast is sponsored by LSC's Leaders Council.