Introduction
A basic tenet of American liberty is that no one is jailed without access to the courts and a lawyer to represent them. But there are many political and practical obstacles to realizing it. Across rural America, one problem lies at the heart of these obstacles: there are no lawyers.
In 2020, there were roughly four lawyers of any kind for every 1,000 people in America.[i] But lawyers were concentrated in cities, so that, in about 40% of all counties, there was not even one lawyer per 1,000 people.[ii] In 54 counties there were no lawyers at all.[iii] Rural populations are getting smaller and older,[iv] and when their lawyers retire, they are finding there is no one to replace them.[v]
In these “legal deserts,” it is difficult for people to get help with everyday issues like reviewing a contract or crises like keeping their home. In criminal legal deserts, the effects are severe and far-reaching; When no lawyer is available to prosecute or defend a case, people stay in jail without legal recourse or are released without consequences. Communities lose trust in the courts.
Fortunately, the medical and educational fields provide proven models for greening criminal legal deserts. To attract criminal lawyers to rural areas, states and their partners should build educational pipelines, starting in high school, or earlier, and offer compelling economic incentives that make rural practice a straightforward choice.