Haksgaard & Drapeaux: Indian Country Lawyers
In Indian Country Lawyers: A South Dakota Survey, authors Hannah Haksgaard and Bryce Drapeaux (both South Dakota Law) address the access to justice crisis facing Native American communities in South Dakota.
This article attempts to present a comprehensive picture of the geographic lack of available, licensed attorneys in South Dakota Indian country. First, the authors address the history of reservations in the state. They recognize that attempts to diminish and disestablish reservations over time have created challenges to identifying clear Native community boundaries. Due to this difficulty, Haksgaard and Drapeaux focus on the nine reservations in the state and the surrounding areas to identify the attorneys who both live in the area and are actively providing applicable legal services.
The resulting catalogue of available attorneys with addresses in the identified region illustrates just how few are accessible, with only 37 attorneys registered with the State Bar. Haksgaard and Drapeaux recognize the difficulty in addressing this critical issue. They endorse the steps already taken by South Dakota lawmakers to facilitate attorney access in rural areas while also encouraging additional steps. These steps include legislative change to expand state funding and assistance to tribes as well as advocacy for increased federal funding. They also suggest establishing programs aimed at encouraging Native American students to pursue careers in law and those promoting the cultural competency necessary to allow non-Indian lawyers better serve Native American clients. They additionally advocate for solutions meant to fill the gap in the meantime, including providing access to paralegal certificates at tribal colleges, which require less time and money to obtain.
While non-Native rural communities similarly experience attorney shortages, the authors emphasize the added difficulty Native American communities, which are also often rural, face. In addition to rurality, the lack of attorneys with expertise in Native American law exacerbates the issue. The authors emphasize the need for continued research and support to provide increased access to justice for these communities.
