Rural Attorney Recruitment Frequently Asked Questions
What makes a county eligible?
To be eligible to participate in the recruitment assistance pilot program, a county within the State of South Dakota must:
- Have a population of 10,000 or less;
- Agree to pay 35% of the total amount of the incentive payment, payable in five equal annual payments. A county may prepay its portion
of the incentive payments at any time during the five-year;
- Apply to the UJS by submitting a letter of intent from the County Commissioners and be accepted into the program by the UJS; and
- Is determined to be eligible by the UJS.
Before making a determination on eligibility, the UJS shall conduct a county assessment to evaluate the county's need for an attorney and its
ability to sustain and support an attorney. In completing this assessment, the UJS will consider the following factors:
- Demographics of the county;
- Age and number of current attorneys practicing within the county;
- Recommendation of the presiding circuit court judge;
- Programs of economic development within the county;
- Geographic location to other counties receiving assistance; and
- Prior participation by the county in this pilot program.
The UJS shall maintain a list of counties that have been assessed and that are eligible for participation in the Recruitment Assistance Pilot Program.
The UJS may revise any county assessment or conduct a new assessment as necessary to reflect any changes in conditions within a county.
If you are interested in serving an underrepresented county but don't see it listed on our site, please contact Suzanne Starr (605-773-3474) to find
out if that county would be open to participating in the program. You can find a listing of counties here, which highlights which counties have a
population under 10,000.
Currently, the following counties have met eligibility requirements for the program: Dewey County, Mellette County, Sanborn County, and Spink County.
What makes an attorney eligible?
To be eligible for participation, an attorney must:
- Be a U.S. Citizen, U.S. National or permanent resident of the U.S.;
- Have a Juris Doctorate degree from an ABA accredited institution and provide a transcript;
- Be licensed as an attorney in the State of South Dakota;
- Never have been disbarred, suspended or publicly censured from the practice of law in any jurisdiction;
- Be willing to reside in the county he/she serves unless the county otherwise agrees;
- Keep the UJS informed of changes to his/her physical and mailing addresses as well as any change to his/her telephone number;
- Carry malpractice insurance during his/her involvement in the program and provide proof thereof;
- Provide a Certificate of Good Standing from the SD Supreme Court;
- Agree to practice full time as an attorney within an eligible county for a minimum of five consecutive years. Full time is defined as a
minimum of 35 hours per week, for a minimum of 49 weeks per year. Excess hours cannot be applied to any other work week. Participants are
allowed to spend no more than 21 full time workdays per year, excluding federal and state holidays, away from their practice for vacation,
continuing legal education, illness, or any other reason, unless permission is obtained from the Chief Justice of the South Dakota Supreme
Court. Qualifying FMLA leave will be approved;
- Have never previously participated in this program, or any other state or federal scholarship, loan repayment, or tuition reimbursement
program that obligates the person to provide attorney services within an underserved area; and
- Submit a complete application and be approved for participation in the program by the UJS. The UJS will consider not only the above
requirements, but also the following:
- Evaluation of the attorney seeking assistance under this program; and
- Existing or previous ties of the applicant to the county.
No more than sixteen attorneys may participate in the program at any specified time. However, no attorneys may be accepted into the program after
June 30, 2022.
When can you apply?
You may apply for participation in this program prior to receiving your license to practice law in the State of South Dakota. The contract,
however, will be conditioned upon you obtaining your license to practice law in South Dakota within a specific period of time. Please contact
Suzanne Starr (605-773-3474) if you have any questions, as applications are reviewed on a first come, first served basis.
How will participants of this program be paid?
- The contract for the Recruitment Assistance Pilot Program is not effective until it is approved by the UJS, State Bar and County.
- The rural county must pay its 35% of the annual incentive directly to the attorney and provide notice to the UJS once payment is rendered.
- The State Bar of South Dakota must pay 15% of the annual incentive to the UJS.
- The UJS shall then pay to the participating attorney the State Bar's portion as well as the remaining balance of the total installment
payment amount due for that year. The UJS shall pay its portion from the funds appropriated to it by the SD Legislature in HB 1096.
- The Chief Justice of the Supreme Court shall approve all vouchers and the state auditor shall draw warrants to pay UJS expenditures for this program.
What happens if I breach my contract?
An attorney who breaches a commitment to serve in the county he/she contracted with will become liable to the Unified Judicial System, State Bar of
South Dakota and the eligible county for an amount equal to the amounts of the payments previously paid to the attorney.
If a lump sum cannot be made immediately, terms of repayment must be satisfactory to the UJS.
If the attorney fails to abide by the terms of repayment, the UJS, State Bar and/or County may initiate legal action to enforce the contract and
recover damages, including but not limited to repayment of the amounts paid to the attorney prior to the breach. Additionally, the debt may be reported
to credit reporting agencies and may be referred to a debt collection agency. Moreover, disciplinary sanctions may be imposed by the State Bar of South
Dakota Disciplinary Board and the Supreme Court of South Dakota, if the attorney fails to satisfactorily address repayment of his/her debt.
If the attorney dies before completing his/her service obligation, the obligation will be cancelled in its entirety. No liability will be transferred
to the attorney's heirs.
Can my participation with the program be suspended or waived?
The UJS requires attorneys to fulfill their contract for the Recruitment Assistance Pilot Program without excessive absences or significant interruptions
in service. Attorneys are allowed 21 days of leave per service year, excluding federal and state holidays; however, there are some circumstances that
occur which will prevent an attorney from staying within this time-frame. In these cases, the UJS may, under certain circumstances, suspend (put "on hold")
or waive (excuse) the obligated service or payment obligation.
- Suspension. A suspension of the service commitment may be granted if compliance with the commitment by the attorney: (i) is temporarily impossible
or (ii) would involve a temporary extreme hardship such that enforcement of the commitment would be unconscionable. Periods of approved suspension
of service will extend the attorney's service commitment end date. The major categories of suspension are set forth below.
- Leave of Absence for Medical or Personal Reasons. A suspension may be granted for up to one year if the attorney provides independent medical
documentation of a physical or mental health disability, or personal circumstances, including a terminal illness of an immediate family member,
which results in the attorney's temporary inability to perform the service obligation.
- Maternity/ Paternity/Adoption Leave. Before taking this leave, attorneys must notify the UJS of pending maternity/ paternity/adoption leave and
provide appropriate documentation. If eligible under the Family Medical Leave Act, maternity/paternity/ adoption leave of 12 weeks or less will
be automatically approved, if properly documented. If the attorney's maternity/paternity/ adoption leave will exceed 12 weeks during that
service year, the attorney must request a medical suspension, which may or may not be approved by the UJS.
- Call to Active Duty in the Armed Forces. Attorneys who are also military reservists and are called to active duty will be granted a suspension,
for up to one year, beginning on the activation date described in the reservist's call to active duty order. In addition to the written request
for a suspension, a copy of the order to active duty must be submitted to the UJS. The suspension will be extended if the applicable Armed
Forces entity continues the period of active duty. The period of active military duty will not be credited toward the service obligation but
will not be considered a breach of this contract.
- Waiver. A waiver permanently relieves the attorney of all or part of the service commitment. A waiver may be granted only if the attorney
demonstrates that compliance with his/her commitment is permanently impossible or would involve an extreme hardship such that enforcement of the
commitment would be unconscionable. A timely waiver request must be submitted to the UJS, which shall include the reason(s) the waiver is being
sought and any necessary medical and financial documentation necessary to support the waiver request.
How will participants be assessed?
The UJS verifies every 3 months that attorneys are meeting program requirements and fulfilling their service obligation. The In-Service Verification (ISV)
is completed by both the Attorney and the UJS. By completing and signing the verification, the attorney is certifying the attorney's compliance or noncompliance
with the applicable requirements during that 3-month period. The verification will also record the time spent away from the service site, e.g., the total number
of days during the 3-month period that the attorney fell below the minimum service requirement of 35 hours per week.
Attorneys who fail to complete and submit their 3-month ISV on time may jeopardize receiving service credit.