Committee approves adding retention component to rural attorney incentive program

The Political Subdivisions Committee on a voice vote recommended a due pass for Senate Bill 22‑11, a bill that adds a retention component to North Dakota’s attorney recruitment program for rural areas.

Senator Brad Beckettall, sponsor and District 1 representative from Williston, told the committee the legislation preserves the existing cap of eight eligible attorney positions while allowing incentives to be used to retain attorneys already practicing in underserved counties. “At the request of the State Bar Association and the Judicial Branch, this bill seeks to add now a retention component to the program,” Beckettall said. He said the program began two sessions ago to provide incentives for attorneys to practice where there is a shortage and was later expanded from four to eight positions.

Judge Michael Hurley, who testified in favor and identified himself as chair of the Supreme Court’s ad hoc committee for the attorney recruitment program, described the effort as one he helped start. Hurley said the program is intended to place and, where useful, retain attorneys in rural communities so shortages do not recur. He explained the program requires a five‑year commitment from participating attorneys.

The bill does not carry a fiscal note, Beckettall and other supporters said, because funding for the eight positions is already included in base budgets or contributed by partner entities such as the judicial branch and the State Bar Association. Committee members asked how the $45,000 incentive described in testimony would apply; committee members were told the $45,000 can be applied to retention as well as initial recruitment.

Jonathan Byers, appearing for the North Dakota State’s Attorneys Association, told the committee the association supports the bill and asked the record to reflect that the intent was not to exclude elected or appointed state’s attorneys from eligibility in counties where they are the only practicing attorney. Byers said that in some rural counties the elected state’s attorney may be the only lawyer available.

Representative Clamine moved a due‑pass recommendation; Representative Polanski seconded. The clerk reported the roll call: Senate Bill 22‑11 received a due pass, 11 yea, 0 nay, 2 absent not voting.

The bill maintains the program’s structure (eight positions and a five‑year commitment) and adds flexibility to use incentive payments for retention when judicial and bar leaders determine that will best preserve local legal capacity.