1. Home
2. Daily News
3. Kansas nears ‘constitutional crisis’ because…

Judiciary

Kansas nears ‘constitutional crisis’ because of attorney shortage, justice says

By Debra Cassens Weiss

December 23, 2024, 3:50 pm CST

A shortage of lawyers in rural Kansas is straining the court system and requiring judges to look outside the community to find lawyers to represent parties entitled to a court-appointed lawyer, according to Kansas Supreme Court Justice Keynen “K.J.” Wall Jr., who chaired a committee examining the problem.

Wall said at a Friday news conference Kansas is “approaching a constitutional crisis” because of attorney shortages in rural areas.

The Kansas Reflector, the Kansas Beacon, WIBW and Courthouse News Service have coverage; a press release is here.

About 45% of the state’s population lives in rural areas, while only about 21% of the state’s working attorneys practice in rural areas, according to a report released Friday titled Kansas Rural Justice Initiative.

Sixteen Kansas counties have three or fewer attorneys, including Hodgeman County and Wichita County—which have no active lawyers, according to the press release and the report. The problem is likely to get worse because the attorney population in Kansas, especially rural Kansas, is older than national averages and closer to retirement.

Attorneys in nearly one out of three counties have a median age of older than 60 years old. If those attorneys aren’t counted, 87 counties would have one or fewer attorneys per 1,000 people, and nine counties would have no attorneys.

The report has 10 recommendations, including that the Kansas Supreme Court should work with lawmakers and others to:

  • Create a rural-attorney training program at the state’s two law schools. Tuition-reimbursement incentives to encourage rural practice should be part of the program.

  • Establish a student loan repayment program for lawyers working and practicing in the state’s rural areas.

  • Develop a professional group for rural attorneys to collaborate on issues relating to recruitment and retention.