The Justice Dilemma in Rural Kansas Due to Attorney Shortage

Although the total number of active lawyers in the U.S. has been growing, the growth is slowing down this century compared to the last, according to the 2024 ABA National Lawyer Population Survey. And most lawyers are concentrated in states like New York and California. New York, for example, has 9.6 lawyers per 1,000 residents, the highest in the country,

For other states, there’s an attorney dearth that’s really affecting access to justice. North Dakota has the fewest lawyers among the 50 states, with 1,663 lawyers. Additionally, South Carolina has the fewest lawyers per capita, with a little more than two lawyers for every 1,000 residents. Some states, like Arizona, feel like they are in such an attorney shortage crisis that they've taken active steps to make their bar exam easier to pass.

Kansas’ Attorney Crisis

Kansas might not be at the bottom of the list, but it’s down there. The state has 7,845 resident lawyers, or 2.67 lawyers per 1,000 Kansas residents. In case you were wondering, that’s not a lot.

Combined with the general pattern of attorneys being much more concentrated in urban areas, the attorney shortage has hit the rural parts of Kansas particularly hard. It's at the point where some are calling it a constitutional crisis. A report by the Kansas Rural Justice Initiative Committee reveals that only 21% of the state's active attorneys serve the 45% of the population living in rural areas.

This disparity is exacerbated by the aging attorney population in these regions. The median age of rural attorneys is 55, compared to 51 for their urban counterparts. As older attorneys retire, the number of legal professionals in rural areas continues to decline, leaving a growing gap in legal services. One-third of rural attorneys are over 60 years old, and their retirement could leave 87 of Kansas's 105 counties with inadequate legal representation.

The report identifies several factors contributing to the shortage, including financial burdens from student loan debt, lower incomes in rural practices, and a lack of mentorship opportunities. Additionally, cultural challenges such as limited child care, housing, and employment opportunities for spouses deter young lawyers from settling in rural areas.

Why Does It Matter?

This shortage impacts the ability of rural judges to find attorneys for cases where legal representation is constitutionally or statutorily guaranteed, such as those involving personal liberty or parental rights. The lack of available attorneys forces residents and businesses to travel long distances for legal services or to proceed without counsel, which can have adverse effects on the economic and social fabric of rural communities.

Addressing these unmet legal needs is crucial for several reasons. Firstly, it ensures that individuals in rural areas have access to justice and can exercise their legal rights effectively. Without adequate legal representation, residents may face significant disadvantages in legal proceedings, potentially affecting their livelihoods, families, and freedoms.

Secondly, having a sufficient number of attorneys in rural areas supports the local economy by providing necessary legal services to businesses and individuals, which can foster economic development and stability. More generally, addressing the attorney shortage helps maintain the social fabric of rural communities by ensuring that legal issues are resolved fairly and efficiently, promoting trust in the legal system and community cohesion.

Call to Action for Kansas

Kansas Supreme Court Justice Keynen Wall Jr. and Chief Justice Marla Luckert, who chair the Kansas Rural Justice Initiative Committee, have highlighted the urgent need for intervention to address this growing problem. The Committee was tasked with examining the challenges faced by rural areas in accessing legal representation and developing recommendations to address these issues. To combat the crisis, the Committee has proposed ten recommendations for the state.

Key among these are establishing a rural attorney training program with tuition reimbursement incentives, creating a student loan repayment program for attorneys practicing in rural areas, and developing a professional network for rural attorneys to enhance recruitment and retention efforts. The Committee also suggests creating initiatives to inspire K-12 students in rural areas to pursue legal careers, or partnerships with the Kansas Department of Commerce and Office of Rural Prosperity to support rural attorneys in managing their practices.

As Kansas moves forward, the collaboration between the judiciary, legislature, and educational institutions will be crucial in implementing these strategies and ensuring that all Kansans, regardless of their geographic location, have access to the legal services they need. And since Kansas isn't alone in not having enough lawyers, the actions it decides to take could be demonstrative for other states with the same problem.

Related Resources:

• Arizona Tackles Attorney Shortage by Making Bar Passage Easier (FindLaw's Practice of Law)
• Diversity Adversity for Florida Bar (FindLaw's Practice of Law)
• Bar Exam Pass Rates Rise Nationwide (FindLaw's Practice of Law)