Winter 2018 Gavel Winter 2018 Gavel | Page 7

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.” WINTER 2018 7