Justice Janine Kern stepping down from state's High Court
Resignation leaves seat to be filled by Gov. Larry Rhoden
South Dakota Supreme Court Justice Janine Kern announced her retirement from the bench on Dec. 8, 2025, nearly 29 years after her initial appointment to the judiciary.
Kern was appointed to the state’s highest court in 2014 by then-Gov. Dennis Daugaard. She has represented the First Supreme Court District, which includes Custer, Lawrence, Meade and Pennington counties. Prior to her appointment to the Supreme Court, she served as a circuit court judge for 18 years.
“It is with a heart brimming with gratitude for the trust and confidence placed in me, which gave me the opportunity to serve the people of this great state, that I notify you of my retirement on Dec. 8, 2025, nearly 29 years to the day of my investiture as a circuit court judge,” Kern said in her announcement. “It has been a deep honor and privilege to serve.”
Chief Justice Steven Jensen praised Kern’s service to the court and the people of South Dakota.
“Justice Kern has always had an unwavering commitment to justice, the integrity of the courts, and a deep compassion for the people we serve,” Jensen said in the announcement. “Her passion for law and for people has impacted all of us and made the court system better. Personally, the members of the Court will truly miss Justice Kern as she has been a wonderful friend and colleague to each of us. We wish her all the best as she moves on to her life’s next chapter in December.”
Kern began her judicial career in 1996 when she was appointed to the Seventh Judicial Circuit, which includes Custer, Fall River, Oglala Lakota and Pennington counties. Before that, she worked in the South Dakota Attorney General’s Office from 1985 to 1996, serving in the appellate division, drug prosecution unit, and as director of the litigation division.
She earned her bachelor’s degree from Arizona State University in 1982 and her law degree from the University of Minnesota in 1985.
Kern’s legal and judicial service includes roles in the American Law Institute, State Bar Association, Pennington County Bar Association and American Bar Association Fellows. She is also a past president of the South Dakota Judges Association and has served on the Council of Juvenile Services and the Federal Advisory Committee on Juvenile Justice, among other boards.
Her departure opens a seat for Gov. Larry Rhoden to fill — his first Supreme Court appointment.
“Justice Kern has made a lasting impression on the legal profession,” Rhoden said in a release. “She has been an incredible lawyer, prosecutor and judge for 28 years. I work with several young attorneys who look up to her as a role model, so her steady hand on the court will be missed. As I review potential appointments to replace her on the bench, I will be hopeful that we can find a future Supreme Court judge of her caliber.”
The South Dakota Supreme Court consists of five justices appointed by the governor from a list submitted by the Judicial Qualifications Commission. Justices must be licensed attorneys and residents of the district they represent at the time of their appointment.