Indiana’s Lawyer Shortage Sparks Urgent Commission Review: Proposals Aim to Revolutionize Legal Access Statewide

INDIANAPOLIS — Indiana’s legal landscape faces a significant challenge as it grapples with a conspicuous shortage of lawyers affecting a wide range of its residents, including those unlikely to ever appear in a courtroom. Leading an effort to address these issues, Indiana Court of Appeals Judge Nancy Vaidik and Indiana Supreme Court Chief Administrative Officer Justin Forkner shared insights on Tuesday into the steps being taken to rejuvenate the state’s legal framework and support those in need of legal services.

At the heart of their efforts is the Commission on Indiana’s Legal Future, a body established under the directives of Indiana Supreme Court Chief Justice Loretta Rush. The commission began its deliberations in early April, tasked with diagnosing the problems and proposing viable solutions to the legislature. With about 2.3 attorneys per 1,000 residents, Indiana ranks among the U.S. states least equipped with legal personnel. This lawyer deficit reaches severe levels in 49 of Indiana’s 92 counties, which meet the American Bar Association’s criteria for being considered legal deserts.

The scarcity of legal professionals is not just an inconvenience but a significant barrier to justice, impacting how residents handle fundamental legal challenges such as wills, property matters, and evictions. “Navigating the legal system can be daunting without adequate guidance, and this can directly impinge on the justice an individual receives,” Judge Vaidik remarked.

Justin Forkner emphasized the broader impact of this deficit, pointing out the strain it places on local governments in performing essential functions—from drafting bond proposals to advising community institutions like libraries.

The commission has an ambitious timeline, with a full report set for completion by July 1 of the next year. However, an interim report will be submitted by August 1 this year, aiming to inform state legislative sessions scheduled for 2025. Early recommendations presented to the Indiana Supreme Court include a variety of proposals that seek to expand Indiana’s legal workforce.

Key among these recommendations is the proposal to financially support new lawyers willing to practice in underserved areas and to provide scholarships for law students committed to careers in public defense or prosecution. Another significant proposal under consideration would authorize trained paralegals and other legal navigators to represent clients in court under specific, Supreme Court-approved programs. This approach could decentralize legal services, allowing less complex legal work to be handled by qualified, non-lawyer professionals. Drawing parallels to medical practices, Vaidik noted that this model could elevate the efficiency of legal services by enabling lawyers to concentrate on more complex cases.

“There is a gap we are trying to fill where currently no lawyers are serving. This would ensure that those in need at least have more than no legal help, and we have state examples where such models are proving effective,” Forkner explained.

Decisions on which recommendations to advance legislatively will be made by the Supreme Court this coming September. With state lawmakers included in the commission, the legislative discussion promises to be inclusive from the outset. Moreover, public input is being solicited through a digital portal—a move that has already generated significant, constructive feedback from both legal practitioners and the public.

This proactive and inclusive examination by the Commission on Indiana’s Legal Future underscores a dynamic approach to addressing a chronic issue that affects many segments of society across Indiana, demonstrating a clear commitment to not only improving legal accessibility but also ensuring the delivery of justice for all its residents.