Bringing Water to the Desert, Part Five
By Judge Debra Sasser
In Part One, “Bringing Water to the Desert (on a Horse With No Name),” Judge Vince Rozier (Resident Superior Court Judge in the Tenth Judicial District) and Judge Beth Tanner (District Court Judge in the Twenty-Ninth Judicial District) began a conversation on how attorney shortages in legal deserts negatively impact the ability of the State to provide court-appointed attorneys.
In Part Two, Judge Tanner and Judge Rozier addressed concerns on recruiting and retaining attorneys on the court-appointed list, briefly touching on how simple tweaks to case management procedures can address some of the issues preventing attorneys from accepting court-appointed cases.
In Part Three, Judge Rozier and Judge Tanner addressed the importance of reducing the amount of nonproductive, in-court hours for attorneys and explained how minor changes — such as remote calendar call, remote status conferences and the use of some out-of-court case management procedures in criminal cases — can be instrumental in achieving the goal of justice for all.
In Part Four, Judge Tanner and Judge Rozier discussed some specific benefits of using remote technology and explained how they have used technology to encourage attorneys to take on court-appointed cases.
In this video, the judges discuss how to grow a bar in a rural area, including how to cultivate a base of “homegrown” attorneys who have a desire to practice law where they grew up. Whether it’s starting a mock trial competition in the local high school or giving law school students an internship experience like no other, finding ways to encourage lawyers to locate to small communities has very tangible benefits. The judges also discuss the importance of judicial awareness and consideration of attorneys who have court-appointed cases in multiple counties.
Post Video Pondering: Incentivizing Practice in Legal Deserts?
Judge Tanner’s creativity in cultivating a future bar in her districts is an inexpensive way to encourage the practice of law in a small community. But what else can/should North Carolina be considering?
Legal deserts exist across the country. Last year, the American Bar Association Young Lawyers Division published “Incentivizing Attorneys to Work in the Legal Deserts of Rural America” by Sam Holzschuh. The following is a brief summary of portions of that article.
The South Dakota Rural Attorney Recruitment Program (RARP) requires attorneys to move to and practice law in a small county for a minimum of five years. The attorney receives incentive payments from RARP. Currently, that amount totals $62,568 over a five-year period.
North Dakota has a legislatively created program that assists counties and municipalities in recruiting attorneys. Under North Dakota’s version of RARP, the eligible attorney receives an incentive payment of $45,000 to work full-time in a specific community (and to live within close proximity to the community) for five years.
The Nebraska State Bar Association has a Rural Practice Initiative, which connects rural legal employers with law students and lawyers who want to work in rural areas of the state. This program offers student loan repayment assistance (up to $42,000) for a participant who works for a tax-exempt charitable nonprofit organization or is a full-time attorney serving primarily in an area that has been designated a legal profession shortage area.
In Illinois, the State Bar Association runs the Rural Practice Associate Fellows Program. This program places associate attorneys in a rural law firm for a one-year commitment in exchange for a $10,000 stipend.
Other states have evaluated the feasibility of similar programs but were not able to garner enough support to overcome the negative feelings of government-provided financial support for attorneys practicing in small rural areas.
Judge Debra S. Sasser served as a District Court Judge in Wake County from 2004 until her retirement from the bench on January 1, 2025. An expanded legal bio is available in the blog post accompanying Part One of this series.