South Dakota's attorney shortfall could be eased by new bill

State Rep. Mary Fitzgerald filed House Bill 1270 to extend the South Dakota Supreme Court's apprenticeship program to graduates of the University of South Dakota law school, amid a reported shortage of active in-state attorneys; the bill is scheduled for a House Judiciary Committee hearing on Monday.

State Rep. Mary Fitzgerald filed House Bill 1270 to expand the South Dakota Supreme Court's apprenticeship program to graduates of the University of South Dakota's Knudson School of Law. The apprenticeship program began in February 2025 and currently provides a route for third-year law students. The bill is bipartisan and lists cosponsors Sen. Amber Hulse, Rep. Eric Emery, Rep. Tim Goodwin and Rep. Rebecca Reimer. A hearing on HB 1270 is scheduled in the House Judiciary Committee on Monday. Key facts: - HB 1270 would extend the Supreme Court's apprenticeship program to existing USD law graduates. - The apprenticeship route requires selected participants to complete a minimum of two years of full-time public service employment, such as work in a state's attorney or public defender office, after admission to practice. - South Dakota has about 3,000 attorneys licensed and roughly 1,800 active in-state members. - The state has about 2.2 lawyers per 1,000 residents, reported as the second-lowest per capita rate nationwide; 35 counties have fewer than one attorney per 1,000 residents and six counties have no attorneys. - Licensure rates for graduates of USD's law school were reported as 50% in 2015, 39% in 2017 and 41% in 2018. Summary: The bill seeks to broaden access to the apprenticeship pathway to bar admission in response to a persistent shortfall of attorneys available to serve residents. The next procedural step is the House Judiciary Committee hearing on Monday. The outcome and any implementation timeline are undetermined at this time.