There isn’t a single lawyer — not one — to be found in 11 of Nebraska’s 93 counties.
In this, Nebraska is not unique. Data compiled in 2013 showed that just 2 percent of law practices are based in rural areas, where upwards of 20 percent of Americans live. The American Bar Association has taken to calling this the “justice gap.”
The justice gap erects barriers for millions across the vast middle plains. As NPR notes, the consequences envelop every conceivable facet of law.
Without access to public defenders, misdemeanor offenders in rural jurisdictions are forced into plea deals which include jail time they might otherwise avoid. Probate proceedings linger for years, as many without access to legal counsel fail to leave a will for their families or financial institutions. Couples in divorce proceedings make basic mistakes, inflaming an emotionally taxing process.
To the extent rural areas are serviced by lawyers at all, legal aide often comes from aging solo practitioners who fill multiple roles for remote jurisdictions. Some local governments are forced to pay lawyers, prosecutors, and judges to staff their courts on a limited and rotating basis, stretching thin municipal budgets even further. “The strain on local budgets as a result of not having local lawyers is astronomical,” said Pat Goetzinger, past president of the State Bar of South Dakota. (RELATED: Court: You Can’t File For Divorce On Facebook)
South Dakota is something of a leader among thinly populated states in addressing the justice gap. The state runs a rural attorney recruitment program, which provides a generous stipend to supplement regular income for young lawyers who relocate to an eligible rural county and practice in the area for at least five years. The program is supported by a state bar association task force which provides assistance to participating lawyers.
The Nebraska State Bar Association runs an annual bus tour through rural areas for law students and young attorneys, hoping to entice a handful of practitioners to commit to rural practices like those run by Tim Brouillette, who practices law in North Platte. Brouillette services clients over hundreds of miles, and told NPR he averages hundreds of miles per week in travel times.
“I would guess that I would average probably 500 miles a week,” he said. “Our mileage bill for our office is huge.”
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