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