# Title 27 — Judicial Branch of Government

## Chapter 27-02.2 — Attorney Recruitment Program

### § 27-02.2-01. Attorney recruitment and retention program - Participation - Assessment.

1. The supreme court may establish a program to assist rural counties and municipalities
in recruiting and retaining attorneys.
2. A county or municipality interested in participating in the program shall apply to the
supreme court. After determining eligibility, the supreme court shall conduct an
assessment of the applicant to evaluate the applicant's need for an attorney and the
ability of the applicant to sustain and support an attorney.
3. In making the selection of an eligible applicant, the supreme court shall consider the
assessment and:
a. The demographic of the county or municipality;
b. The age and number of the members of the county or local bar association;
c. The recommendation of the presiding district court judge;
d. The economic development programs within the county or municipality;
e. The geographical location of the county or municipality in comparison to other
counties or municipalities participating in the program; and
f. Any prior participation in the program by the county or municipality.
4. The supreme court shall maintain a list of counties and municipalities that have been
assessed and are selected for participation in the recruitment and retention assistance
program.
5. The supreme court may revise the assessment of any county or municipality or
conduct a new assessment as necessary to reflect a change in conditions.
### § 27-02.2-02. County eligibility.

A county is eligible to participate in the recruitment and retention assistance program if the
county:
1. Has five or fewer licensed attorneys residing in the county;
2. Agrees to provide the county's portion of the incentive payment as required under
section 27-02.2-06; and
3. Is determined to be eligible by the supreme court.
### § 27-02.2-03. Municipality eligibility.

A municipality is eligible to participate in the recruitment and retention assistance program if
the municipality:
1. Has a population of five thousand or fewer;
2. Agrees to provide the municipality's portion of the incentive payment as required under
section 27-02.2-06; and
3. Is determined to be eligible by the supreme court.
### § 27-02.2-04. Attorney eligibility.

An attorney licensed to practice in the state who meets all requirements set by the supreme
court may participate in the recruitment and retention assistance program. An attorney
participating in the program shall practice in a supreme court-selected county or municipality for
at least five consecutive years. No more than eight attorneys may participate in the program at
any given time.
### § 27-02.2-05. Incentive payment to participating attorneys.

An attorney selected by the supreme court to participate in the recruitment and retention
assistance program is entitled to receive an incentive payment of forty-five thousand dollars to
be paid in five equal annual installments.

### § 27-02.2-06. Agreement for payment of recruitment and retention assistance -

Repayment.
1. An agreement for the payment of recruitment and retention assistance under this
chapter must require the county or municipality served by the attorney to provide
thirty-five percent of the total amount of the incentive payment in five equal
installments.
2. The state bar association of North Dakota, the North Dakota bar foundation, or any
other legal association in North Dakota shall pay fifteen percent of the annual
installment to the supreme court.
3. After the county or municipality certifies to the supreme court that the county or
municipality has paid the attorney the annual amount and the state bar association of
North Dakota, the North Dakota bar foundation, or any other legal association in North
Dakota has paid its installment to the supreme court, the supreme court shall pay the
attorney the remaining balance of the annual installment.
4. Subject to appropriation by the legislative assembly, the supreme court shall pay the
required amount of funds pursuant to this chapter and the funds received from the
state bar association of North Dakota, the North Dakota bar foundation, or any other
legal association in North Dakota, as required under this chapter, to an attorney
participating in the program.
5. If an attorney breaches the agreement, the attorney shall repay all funds received
under this chapter and under the terms and conditions set by the supreme court.
Failure to repay the funds is grounds for discipline by the supreme court.
### § 27-02.2-07. County and municipal funding.

A county or municipality may appropriate funds for the purpose of carrying out this chapter.
A county or municipality may enter an agreement with any other county, municipality, school
district, or nonprofit entity to assist the county or municipality in carrying out this chapter.
### § 27-02.2-08. Payments.

1. Notwithstanding any other provision of law, the supreme court may receive fifteen
percent of the total amount of an incentive payment in five equal annual installments
from the state bar association of North Dakota, the North Dakota bar foundation, or
any other legal association in North Dakota as required under this chapter.
2. A county or municipality may prepay its portion of the incentive program to the
supreme court at any time during the five-year period.
### § 27-02.2-09. Attorney recruitment and retention assistance program fund - Continuing

appropriation.
The attorney recruitment and retention assistance program fund is established in the state
treasury. Payments collected under section 27-02.2-08 must be deposited in the attorney
recruitment and retention assistance program fund. The funds deposited in the attorney
recruitment and retention assistance program fund are appropriated to the judicial branch on a
continuing basis for the purpose of making attorney payments under the recruitment and
retention assistance program.
### § 27-02.2-10. Filing and approval of recruitment and retention assistance agreement.

A recruitment and retention assistance agreement entered under this chapter becomes
effective when the agreement is filed with and approved by the supreme court. The agreement
must require the attorney to practice law full-time in the eligible county or municipality for at least
five consecutive years.
### § 27-02.2-11. Ineligibility for participation in other program.

If an individual has previously participated in an attorney recruitment and retention program
under this chapter, or any other state or federal scholarship, loan repayment, or tuition
reimbursement program requiring the individual to provide attorney services within an

underserved area, the individual may not participate in another attorney recruitment and
retention program under this chapter.
### § 27-02.2-12. Rulemaking authority.

The supreme court may adopt rules as necessary to implement this chapter.
### § 27-02.2-13. Annual report.

Before July first of each year, the supreme court shall submit a report on the status of the
program to the legislative management.
