The State Bar Association of North Dakota Fall 2013 Gavel Magazine | Page 7

RURAL JUSTICE PROPOSAL Rural counties in North Dakota are facing a crisis in terms of availability of legal services. In 2012, there are four counties with no resident attorneys. There are six counties with only one attorney, and four of those attorneys are over 60. There are eight counties with only two attorneys. Nine of October 14 panelists at the UND School of Law the 16 attorneys in those Judge Gail Hagerty, Ted Seibel and Phyllis Ratcliffe counties are over 60. There are three counties with only three attorBy Gail Hagerty, Judge of the South Central neys, five counties with four attorneys, and District Court six counties with five attorneys. Summer 2014 will see the advent of a This phenomenon is not unique to North Rural Justice Program which will pair three Dakota. The American Bar Association student law clerks with judges chambered House of Delegates passed a resolution urgin rural counties. A proposal made by the ing states to support efforts to “address the State Bar Association of North Dakota, decline in the number of lawyers practicing the North Dakota Court System, and the in rural areas and to address access to jusUniversity of North Dakota Law School tice issues for residents in rural America.” was presented to the 2013 legislature. The program was funded, allowing for a stipend (Res olution 10B, adopted in August, 2012) Dean Kathryn Rand of the University of to be paid to student law clerks selected for North Dakota School of Law has indicated the program during the summers of 2014 the Law School is currently is exploring and 2015. An introduction to the rewards and chal- ways in which the law school can support and facilitate the administration of justice lenges of rural practice was presented at the University of North Dakota in October. in western North Dakota and in rural North Dakota. She has volunteered to work Panelists were candid in their descriptions with the State Bar Association of North Daof the joys and challenges of practicing kota in exploring possibilities including: aslaw in rural North Dakota. They discussed ethical issues which may be unique to rural sisting in lawyer referrals; working with the courts and state agencies to develop student practice and told a few war stories. externship programs, perhaps via distance The panel included Judge James Hovey technology; expanding current programs, of New Rockford; Darcie Einarson, who such as Attorney Services and Central Legal practices family law in Grafton and serves Research, to better serve needs in western on the SBAND Board of Governors; Robin North Dakota; and providing research and Huseby, who works as executive director administrative assistance, office space, or of the North Dakota Commission of Legal other support to attorneys and organizaCounsel for Indigent Defense and is based tions that serve low-income clients. in Valley City; Ted Seibel, who practices in The State Bar Association recognized the Harvey; and Phyllis Ratcliffe, who practices need to address a shortage of lawyers in the in Cooperstown. The panel was moderated energy-impacted areas of North Dakota in by Judge Gail Hagerty, past president of its Justice System Energy Impact Task Force SBAND. Report. This is the text of the proposal for the project: The Gavel Fall 2013 RURAL JUSTICE PROGRAM PROPOSAL As a first step in addressing the need to recruit attorneys to the rural areas of North Dakota, it is proposed that the North Dakota judicial system provide for two or three summer clerkships for law students with judges who are chambered in and live in rural communities – communities of 15,000 or fewer residents. A $4,000 stipend for the clerkships was suggested by Dean Rand. The law clerks would have an opportunity to reside in a rural community and work with a judge who would most likely travel to other rural communities. In addition to the summer clerkship, opportunities for a continued working relationship with the judge could be provided by the Law School. When the law clerk returns to school, research and writing could be done for the judge and possibly the student could receive credit or receive other incentives to continue to provide services. The State Bar Association could assist in hosting recruiting sessions with students. Members of the Bar who practice in rural communities could interact with students to provide information about their practice. Members of the Bar Association could also mentor students during the summer clerkships and on their return to the Law School. The cost of the program would be modest. If there were three clerkships funded for a biennium, the stipends would total $24,000. There may be some minimal expense involved in interviewing and selecting law clerks. The Law School may have some expense if incentives are provided to continue the working relationship with judges when students return to school. GOAL The goal of the program would be to encourage students to consider rural practice. While not all students involved in the program would decide to work in rural North Dakota, it is likely that at least some would do so. If this program by the judiciary is successful, others may consider implementing clerkships in State’s Attorney’s offices and in private practices. 5