South Dakota Chief Justice Steven Jensen used his 2026 State of the Judiciary address on Tuesday to signal long-term structural changes in indigent defense and criminal case processing, while stopping short of requesting major new funding this legislative session.
Jensen told lawmakers the Unified Judicial System is laying the groundwork for a statewide approach to indigent defense, beginning with appeals and potentially expanding to trial courts in the coming years.
The state Office of Indigent Legal Services began handling criminal appeals statewide in July, a move Jensen said has already improved efficiency and consistency.
“By coordinating appeals from across the state in one office, we have created efficiencies in our system that it has not had in the past,” Jensen said.
Jensen said judges across South Dakota continue to report shortages of experienced defense attorneys in serious felony cases, particularly in rural areas. He said better-resourced defense representation reduces errors, delays, and unnecessary costs.
While he emphasized the long-term goal of strengthening trial-level indigent defense, Jensen said he is not asking the Legislature to act this year, instead allowing the new commission and office time to solidify their work.
Another major policy signal involved pretrial services, an area where South Dakota courts currently lack statutory authority.
“Currently, we have no services or legislative authority to provide services for individuals prior to conviction within the court system,” Jensen said.
Under the proposal, a pilot pretrial services program would launch in Pennington County this July, pending legislative approval. Jensen said the program would help courts assess risk, supervise defendants released before trial, and reduce unnecessary jail stays.
The Judiciary plans to introduce legislation this session to authorize the pilot. Jensen said no state appropriation is being requested for the initial rollout, which would rely on grant funding and existing resources.
Jensen also highlighted expanded probation and treatment court programs as alternatives to incarceration, particularly following recent changes that shifted some drug possession offenses from felonies to misdemeanors.
“Treatment court is often the last chance for these individuals short of being sentenced to prison,” Jensen said. (before 23:38)
Jensen framed the initiatives as part of a broader effort to maintain public trust, manage costs, and improve public safety while addressing substance abuse and mental health challenges.
