Posted by: Michael Naughton 1 month, 1 week ago

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Bridging the Divide: How Michigan Special Assignment is Tackling the Rural Attorney Shortage

This deficit impacts nearly every measure of well-being and quality of life, from access to health care and education to the fundamental ability to navigate the justice system. Rural residents, without legal counsel, may struggle to understand their rights, leading to dire consequences such as the loss of homes, jobs, or even children. Moreover, lawyers in rural areas often play an outsized role in community leadership and economic development, meaning their absence leaves a void far beyond legal representation

Michigan, like many states, is experiencing this problem acutely, with criminal defense attorney shortages evident across both the Upper and Lower Peninsulas.

The "Legal Tundras" of Michigan

The situation in Michigan's rural areas is particularly challenging due to a confluence of factors:

• An Aging Bar and Dwindling Replacements Many attorneys in rural Michigan are nearing retirement, and an insufficient number of younger lawyers are stepping forward to replace them.

This trend is exacerbated by a sharp decline in law school enrollments since 2013, further depleting the pool of qualified criminal defense attorneys.

• Geographic Imbalance The vast majority of Michigan's attorneys are concentrated in population-dense, urban counties like Detroit, Grand Rapids, and Warren, leaving vast rural areas critically under-served.

In fact, few attorneys are migrating to rural Michigan counties at all.

• Infrastructure Deficits Rural Michigan communities struggle with a lack of essential infrastructure, including affordable housing, adequate healthcare services, and reliable broadband internet. 

These deficits make it incredibly difficult to attract and retain professionals, including lawyers, as prospective talent often cannot find suitable living arrangements.

• Strained Justice Systems The attorney shortage directly impacts the ability of rural counties to comply with Michigan Indigent Defense Commission (MIDC) standards for legal representation.

Prosecutors in rural areas also face recruitment challenges, leading to backed-up court dockets and potential delays in justice. The few remaining rural attorneys may also face unavoidable conflicts of interest or lack the specialized expertise required for complex cases. Michigan's Office of Rural Prosperity notes that public defenders are among the most urgent shortages in public service roles.

Michigan Special Assignment: A Targeted Solution

In response to this growing crisis, Michigan Special Assignment (MSA) has emerged as a vital program dedicated to bridging the gap in access to justice for indigent clients across rural Michigan.

The program's core mission is to "seamlessly pair experienced criminal defense attorneys with rural court systems across Michigan that are in urgent need of qualified legal support for appointed cases".

MSA achieves this through several key mechanisms:

• Targeted Case Assignments The program directly assigns cases to experienced criminal defense attorneys, ensuring that rural courts receive the qualified legal support they urgently need.

• Leveraging Remote Practice Recognizing the geographic challenges inherent in rural areas, MSA facilitates "remote practice, and remote motion writing and research".

This innovative approach allows attorneys to provide critical legal services without needing to permanently relocate, helping overcome the barriers of distance and unreliable cell service that often characterize rural life. While remote appearances raise concerns about attorney-client communication and cultural competence, MSA aims to make an impactful change within these constraints.

• Expanding Attorney Horizons For participating attorneys, MSA offers the opportunity to "expand their horizons and practice in new communities" across the state.

This can be an attractive proposition for those looking for diverse experiences beyond their immediate jurisdictions.

MSA recognizes that the problems facing rural communities in Michigan are also being experienced across the United States, and it aims to be a "National Leader on Bridging the Gap in Rural Communities".

A Broader Vision for Rural Justice

While Michigan Special Assignment offers a direct and innovative approach, it is part of a larger national conversation about tackling rural legal deserts. Other states and organizations have implemented a variety of strategies:

• Financial Incentives and Loan Repayment Programs States like South Dakota, Kansas, and Nebraska have created programs offering annual subsidies, loan repayment assistance (LRAPs), or even prepaid tuition for attorneys who commit to practicing in rural areas.

• Incubator Programs These initiatives, often associated with law schools, provide new attorneys with the knowledge, skills, and mentorship needed to launch successful solo or small practices in under-served communities.

 Arkansas and Montana offer rural-focused incubators.

• Pipeline and Exposure Programs Many programs aim to cultivate interest in rural practice early on, through high school and college participatory programs, summer externships, "speed date" interviews with rural attorneys, and even "Justice Buses" that bring urban lawyers to rural areas for pro bono clinics.

• Increased Compensation for Court-Appointed Work Low hourly rates for court-appointed counsel deter many qualified attorneys, especially in rural areas, from taking these cases.

Advocating for higher, more sustainable rates is seen as a critical step to ensure a sufficient number of available and effective lawyers.

• Non-Lawyer Solutions Some states and tribal nations are exploring licensing paraprofessionals or utilizing community justice workers to provide limited legal assistance, recognizing that lawyers are not the sole solution to all access-to-justice issues.

Michigan Special Assignment's focus on connecting experienced criminal defense attorneys with rural courts, especially through remote means, offers a crucial immediate solution. It aligns with Michigan's broader efforts to attract younger defense team members and address infrastructure challenges.

Looking Forward

Michigan Special Assignment is not only addressing an immediate need but is also committed to ongoing research and refinement of its solutions, with the aspiration of becoming a national leader in this critical area.

The rural attorney shortage is a complex problem that requires multifaceted and tailored interventions for each state and community. Programs like Michigan Special Assignment are vital steps toward ensuring that the promise of equal justice under law is accessible to all, regardless of where they live.

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• Aging and Fewer Attorneys in Rural Michigan →