John Hult/South Dakota Searchlight
The longest-serving current justice of South Dakota’s Supreme Court will step down in December, creating a vacancy to be filled by Republican Gov. Larry Rhoden.
Justice Janine Kern represents the high court’s first district, which includes Custer, Lawrence, Meade and Pennington counties. Prior to her appointment by former Gov. Dennis Daugaard in 2014, Kern spent 18 years as a circuit court judge for that West River area.
Her father Paul Kern, a former circuit court judge, administered three oaths of office for her – first as an attorney, then a circuit court judge, and finally as a Supreme Court justice.
“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 December 8, 2025, nearly 29 years to the day of my investiture as a circuit court judge,” the 64-year-old Kern said in her retirement announcement. “It has been a deep honor and privilege to serve.”
In a press release on her announcement, Chief Justice Steven Jensen praised Kern for her “unwavering commitment to justice, the integrity of the courts, and a deep compassion for the people we serve.”
In addition to her service as a judicial officer, Kern served on the Council of Juvenile Services from 2004 to 2013 and on the Federal Advisory Committee on Juvenile Justice from 2004 and 2008, as well as on numerous other boards and commissions.
“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,” Rhoden said in a press release. “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.”
Kern is one of two women — the other being Justice Patricia DeVaney — currently serving on the five-member high court. Kern was previously part of the state’s only female-majority state Supreme Court, serving alongside Justices Lori Wilbur and Judith Meierhenry, who was the first woman appointed to the state’s high court.
That female majority court heard a single case on a single day, April 25, 2017, when then-Justice Steven Zinter disqualified himself and retired Justice Meierhenry stepped in. Wilbur retired later that year.
Kern is one of three current justices appointed by Daugaard, the others being Mark Salter and Jensen, who was elected chief justice by his colleagues in 2021. Former Gov. Kristi Noem appointed Justices DeVaney and Scott Myren.
Rhoden will choose Kern’s replacement based on recommendations from the state Judicial Qualifications Commission.
To be considered, potential justices must be licensed to practice law in South Dakota and voting residents of the district from which they are appointed at the time they take office.
Justices face retention elections on the November general election ballot three years after their initial appointment, and every eight years after that.