RULE NOW IN PLACE FOR RURAL ATTORNEY RECRUITMENT PROGRAM
MIKE HAGBURG Attorney at Law
On Sept . 22 , 2021 , new Administrative Rule 62 took effect . This rule establishes guidelines for the rural attorney recruitment program for North Dakota .
The program is authorized under new N . D . C . C . ch . 27-02.2 , which sets out a basic framework for the effort . N . D . C . C . 27-02.2- 12 gives the Supreme Court authority to make rules to implement the program .
The recruitment program is modeled on a South Dakota program that has been in effect since 2013 . The South Dakota program currently has 25 lawyer participants working in rural counties across the state .
N . D . C . C . 27-02.2-05 provides attorneys selected to participate in the program an incentive of $ 45,000 to be paid in five equal installments . N . D . C . C . 27-02.2-04 allows four attorneys to participate in the program at a time .
Under N . D . C . C . 27-02.2-02 , the threshold for a county to be eligible for recruitment assistance is a population of 16,000 or fewer ; for a municipality N . D . C . C . 27-02.2-03 requires a population of 5,000 or less .
Counties and municipalities seeking to participate in the program must agree to provide a portion of the lawyer incentive payment : under N . D . C . C . 27-02.2-06 , they must pay 35 % of the total . The State Bar Association of North Dakota is required to pay 15 % and the remaining 50 % comes from state funds via the Supreme Court .
Under N . D . C . C . 27-02.2-05 , the Supreme Court is required to set the requirements for attorneys to participate in the program . N . D . C . C . 27-02.2-01 also requires the Court to determine which counties and municipalities qualify for recruitment assistance .
Rule 62 , section 2 , lists the information a county or municipality interested in participating in the program must supply in its application . The application must explain the locality ’ s need for an attorney and its ability to sustain and support one . It also must provide detailed information on the demographics of the locality , including population and the age and number of members of the bar in the area . The county or municipality must also obtain a recommendation from the presiding judge of the judicial district where they are located .
Once an application for participation is received , the Supreme Court will perform an assessment under the procedure set out in Rule 62 , section 3 . The Court will first appoint a three-member assessment committee consisting of a district judge , an attorney , and a court administrator . The committee will determine whether the locality is eligible to participate under N . D . C . C . 27-02.2-02 and 27-02.2-03 .
If eligibility is found , the committee will then determine whether the locality needs an attorney and has the ability to sustain and support an attorney . The committee is required to consider the information submitted by the locality , but it is also allowed to conduct whatever outside research it considers appropriate .
N . D . C . C . 27-02-01 requires the Supreme Court to maintain a list of counties and municipalities that have been assessed and are selected for participation in the recruitment assistance program . It also allows the Court to revise any assessment or to conduct a new assessment to reflect a change in conditions .
As for attorneys seeking to participate in the program , Rule 62 , section 4 , requires them to provide proof of licensure to practice law in North Dakota , proof of U . S . citizenship or permanent residency status , and a copy of their law school transcript . Applicants must also produce information about whether they are obligated to provide attorney services in an underserved area because of participation in a scholarship , loan repayment , or tuition reimbursement program .
If an attorney is selected for the program , they must locate their law office in the participating county or municipality and reside close to that location . They will be required to agree to remain in the participating community for at least five consecutive years , which is the period of time over which the installment incentive payments will be made .
Under Rule 62 , section 5 , the office of state court administrator will manage the program , including maintaining a list of counties and municipalities that have been selected for participation and monitoring the funding of incentive payments .
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