LEGISLATIVE AND RULE AMENDMENTS TO NORTH DAKOTA’ S RURAL ATTORNEY RECRUITMENT PROGRAM
LEGISLATIVE AND RULE AMENDMENTS TO NORTH DAKOTA’ S RURAL ATTORNEY RECRUITMENT PROGRAM
ANDY FORWARD Attorney at Law
In the fall 2021 issue of The Gavel, this column discussed N. D. C. C. ch. 27-02.2 and Administrative Rule 62 relating to the state’ s Rural Attorney Recruitment Program. The Rural Attorney Recruitment Program was established by the legislature in 2021 with the goal of increasing the number of attorneys residing and practicing full-time in rural North Dakota.
During the 69th Legislative Assembly, the legislature passed Senate Bill 2211, which amended Chapter 27-02.2 to include retention as a goal of the program. Section 27-02.2-01( 1) now reads,“ The supreme court may establish a program to assist rural counties and municipalities in recruiting and retaining attorneys.” The bill also amended N. D. C. C. § 27-02.2-02 on the eligibility for county participation in the program. Before the amendment, a county was eligible for the program if it had a population of 16,000 or fewer. A county is now eligible for participation in the program if five or fewer licensed attorneys reside in the county. The amendments to Chapter 27-02.2 became effective on Aug. 1.
Judge Michael Hurly, chair of the Supreme Court’ s Ad Hoc Committee for the Rural Attorney Recruitment Program, testified in favor of the bill. Judge Hurly testified about his experience as a district court judge chambered in the rural community of Rugby and about the shortage of attorneys practicing full-time in rural areas. He testified that 36 of the state’ s 53 counties have five or fewer licensed attorneys, and adding retention as part of the program will aid in attracting attorneys to rural areas.
After the amendments to N. D. C. C. ch. 27-02.2 went into effect, the Supreme Court amended Administrative Rule 62 to add retention as part of the program. Under the program, the state of North Dakota, SBAND, and the participating community or county each contribute funds to recruit or retain an attorney in an eligible community for a five-year period. To be eligible for the program, an attorney must be licensed to practice law in North Dakota and be in good standing with the North Dakota Board of Law Examiners. A county must have five or fewer licensed attorneys; a municipality must have a population of 5,000 or fewer.
If an attorney is selected for the program, he or she must locate their law office in the participating county or municipality and reside close to that location. The attorney will be required to agree to practice law full-time in the participating community for at least five consecutive years. An incentive of $ 45,000 will be paid to the attorney in five annual installments.
As of Oct. 1, six attorneys are practicing law full-time in rural areas under the program. Walsh County and the city of Grafton have realized the benefit of the program and have four attorneys. One attorney is practicing in Rolette County, and another is practicing in Bowman County. Information about the program can be found at www. ndcourts. gov / rural-attorney-recruitmentprogram.
Supreme Court Amends Oral Argument Rule
At its Aug. 20 rulemaking meeting, the Supreme Court approved an amendment to the rule relating to oral argument. N. D. R. App. P. 34. Subdivision( b) was amended to state if only one side participates in oral argument, the argument will be limited to 20 minutes. The amendment took effect on Sept. 1.
The link to access the court rules is available on the North Dakota Supreme Court website, www. ndcourts. gov.
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26 THE GAVEL