Hodny notes the American Bar Association (ABA) recently mandated students acquire six
credits of experiential work, and the Rural Clerkship Program and other programs help to meet
this requirement. South Dakota Rural Attorney
Recruitment Program
The programs are important to meeting the growing need for law professionals in rural areas, she
says. “We are always hoping we can grow these programs. The Career Development Office and
Law School always have a focus on filling these high need areas.” When the South Dakota Rural Attorney
Recruitment Program was started in 2013,
16 pilot spot s were available for attorneys
to practice in rural communities across
the state. “We filled those spots pretty
quickly and went back for more slots,” says
Suzanne Starr, director of Policy and Legal
Services at the South Dakota State Court
Administrators Office.
The Future
“We are starting to see the impacts,” says Hodny. “We are seeing growth and interest in all of
the programs and how more students are now applying to take advantage of these opportunities.
When the Rural Justice Clerkship Program first started, the participants were first-year and
second-year law students. Those students have now graduated and a number are back to the rural
areas they worked as a student.”
She says the Rural Clerkship Program helps to expose students to rural communities early in
their schooling. “We have prioritized getting the students into these communities when they
are new to law school,” Hodny notes. “We want to plant that seed and expose them to rural
communities and opportunities as early as possible.”
Dean of the UND School of Law Kathryn Rand agreed. “We know there are pressing legal
needs in the rural communities of our state. We want to encourage and support our students
and graduates who are interested in serving these communities. We are grateful for the financial
support of SBAND, the Larson Foundation, and the state courts. And we hope to expand these
programs to make an even bigger impact.”
1. Rand, Kathryn R.L.; Wetch, Joseph A.; Hagerty, Gail; and Weiler, Tony J. (2016) “Rural Justice in North Dakota,”
Mitchell Hamline Law Review: Vol. 42: Iss. 4, Article 1. http://open.mitchellhamline.edu/mhlr/vol42/iss4/1.
Now a permanent program with 32
available slots, 20 are currently filled. The
program covers counties with 10,000
or less in population or communities of
3,500 population or less in counties that
were otherwise ineligible for the program.
Attorneys commit to practice for five
years in an eligible rural community and
receive incentive payments in five annual
installments, each equal to 90 percent of
one year’s resident tuition and fees at the
University of South Dakota School of Law,
as determined on July 1, 2013.
“When we started the program, 85 percent
of South Dakota attorneys were located
in Rapid City, Sioux Falls, Aberdeen, and
Pierre,” says Starr. “Attorneys were not
filling the vacancies created by attorneys
who were retiring in rural areas. We had
counties that had very few attorneys, if
they had any at all.”
She says South Dakota Chief Justice
David Gilbertson has been a driving force
behind the program, advocating for rural
attorneys starting in 2005. “Chief Justice
Gilbertson worked to show the legislature
this is a community problem, not a lawyer
problem.”
Starr notes attorneys’ contributions to
rural areas help to keep communities
progressive. “They are encouraged to
sit on local boards and be a part of the
community’s growth. They also pay sales
tax, real estate tax, grocery shop, dine at
the local cafes, and bring people to the
community, all monies that are kept at the
local level.”
The program is open to attorneys until
June 30, 2022, an end date set in current
legislation, but Starr is hopeful it will be
extended to continue to meet the needs
of the state. “Everyone is entitled to equal
access to legal services and attorneys. We
are excited about this program,” she says.
“Its success will be determined by how
many of the participants stay long after the
five-year contract expires.”
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