Shortage of rural attorneys leaves judges and citizens to wade through proceedings together

Judge Lori Bolton Fleming, top, helps some citizens complete
legal paperwork. (Photo by Dominick Williams, WSJ)

With a dwindling number of rural attorneys, many judges have lawyerless courtrooms and need to help some citizens navigate the civil court proceedings and paperwork, reports Shannon Najmabadi of The Wall Street Journal. Kansas is among the states facing a shortage. "Eighteen of the 105 counties in Kansas have two active attorneys or fewer, according to recent data from a Kansas Supreme Court committee addressing rural lawyer shortages. Two of those counties have no active attorneys. . . . Organizations such as Kansas Legal Services receive federal funding to represent low-income people in civil matters but say they are overstretched."

In civil matters, people can opt to self-represent, but only some citizens can navigate complex legal processes and paperwork, which leads to delays and judges spending time they don't have to assist. "Some litigants reference documents they have, such as pay stubs, but fail to admit them as evidence. Others leave out key facts," Najmabadi writes. "Recent studies estimate that in civil and family law cases, more than 70% that go to court have at least one party self-represented, according to the Institute for the Advancement of the American Legal System."

Not all civil cases require attorney know-how; many districts have online forms and instructions. Kansas courts have set up self-help centers and made legal records accessible online. Bolton Fleming, who is chief judge of Kansas's 11th Judicial District, "has begun helping pro-se litigants fill out divorce decrees in court in the last five years, even though they are supposed to bring completed copies to hearings," Najmabadi reports. "Others want to encourage lawyers to move to less-served areas by reducing higher education costs so law-school graduates don't feel pressure to take high-paying corporate positions. Courts have also experimented with allowing non-lawyers to practice, similar to how some areas let physician assistants and nurses provide medical care typically provided by doctors."

Forty years ago, there were enough "attorneys to take on cases, said Glenn Braun, chief judge of Kansas' largely rural 23rd Judicial District, but the lack of attorneys in rural areas has long been a problem without a realistic solution," Najmabadi writes, "The Kansas Supreme Court recently convened a committee focused on finding ways to address a rural attorney shortage."