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No one is running for Red Lake County attorney. Because not a single attorney lives there.

The Red Lake County Courthouse in Red Lake Falls, Minnesota.
Contributed
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J. Stephen Conn via Flickr
The Red Lake County Courthouse in Red Lake Falls, Minnesota.

Red Lake and four other Northern Minnesota counties are classified as legal deserts, with fewer than one practicing attorney per 1,000 residents.

RED LAKE FALLS — No one is running for Red Lake County attorney.

It’s not the only Northland county without someone on the ballot. No one is running in Mahnomen or Lake of the Woods, either. However, the situation in Red Lake is unique. No one is running because no one is eligible.

“Under Minnesota statute, in order for a county attorney to be elected to that position, they need to reside within the county,” said Tanner Holten, former Red Lake County attorney.

Licensed attorneys must register through the Minnesota Supreme Court. As part of the registration process, they have to provide a postal code. Two lawyers come up when searching for Red Lake County's ZIP codes. The issue is this: one is dead, and the other — Michael LaCoursiere — hasn’t renewed his license since he retired from the county attorney position in 2023.

With LaCoursiere gone, the county had to find a new attorney.

When a current attorney steps down, or when no one runs for the position, the job of picking a replacement falls to the county board.

County attorneys prosecute everything from potential murders down to speeding tickets. They also handle juvenile court matters and CHIPS petitions — Children in Need of Protection or Services — and civil commitments, the process that mandates involuntary treatment for individuals with mental illness, developmental disabilities or chemical dependency who pose a risk of physical harm to themselves or others. They also are legal advisers to county officials.

“We kind of do everything on both the criminal side and the civil side as it relates to the services that Red Lake County provides,” Holten said.

After putting out a request for law firms, the County Board chose Holten's firm. He became the part-time county attorney in 2023, despite living in neighboring Polk County.

In May, Holten notified the County Board he would be stepping down from the position.

Tanner Holten is the former Red Lake County attorney. He served in the role while living in neighboring Polk County.
Contributed
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Harbott, Knutson, Larson & Holten website
Tanner Holten is the former Red Lake County attorney. He served in the role while living in neighboring Polk County.

“That was solely because my firm is not able to continue to do all the work that we’re doing," Holten said. "Frankly, that’s because there aren’t enough attorneys in this area.”

Legal deserts and 'the graying bar'

What Holten brings up isn’t a new or rare concept. Legal deserts — areas where legal assistance is scarce — are an increasingly common problem. In a 2026 report, the State Justice Institute stated legal deserts are most severe in rural, tribal and economically distressed communities.

The American Bar Association defines legal deserts as counties with less than one attorney per 1,000 residents.

A KAXE review of Minnesota’s lawyer registration database shows Red Lake, Marshall, Norman, Clearwater and Roseau counties would be considered legal deserts. Pennington, Lake of the Woods, Koochiching, Kittson, Polk, Itasca, Beltrami and Mahnomen counties all have less than two attorneys per 1,000 residents.


“The attorneys that we have in this area are aging out. Highly respected law firms are closing because there are no attorneys to take over for the aging attorneys that are retiring. And that is happening all around this area.”
Tanner Holten, former Red Lake county attorney

According to the SJI report, Minnesota averages 4.6 attorneys per 1,000 residents — the seventh-highest ratio in the nation. However, the majority of the attorneys reside in the Twin Cities. A 2023 legal access risk map from the National Center for State Courts found the seven-county metro area has 9.21 attorneys per 1,000 residents. Outside the metro counties, it's only 2.27 attorneys.

The attorney access problem is just getting worse, Holten said.

“The attorneys that we have in this area are aging out," Holten said. "Highly respected law firms are closing because there are no attorneys to take over for the aging attorneys that are retiring. And that is happening all around this area.”

This concept is often called “the graying bar.” Rebecca Rapp, co-chair of the Legal Services Corp.'s Rural Justice Task Force, said education costs add to the problem.

Rebecca Rapp serves on the Finance Committee, Operations and Regulations Committee, and the Delivery of Legal Services Committee of the Board of Directors of Legal Services Corp.
Contributed
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Legal Services Corp.
Rebecca Rapp serves on the Finance Committee, Operations and Regulations Committee, and the Delivery of Legal Services Committee of the Board of Directors of Legal Services Corp.

“To get through college and law school is really, really expensive,” Rapp said. "If people have the possibility of going to a bigger city and maybe working in a bigger firm with a fixed, pretty decent salary, it can really be scary and daunting to think about going to open up your own shop in a rural area that has less clear economic outcomes.

“That’s not because you’re wanting to be greedy or something, but you need to pay off your student loans, and you need to support your family.”

Holten said some lawyers in other cities and regions might not want competition.

“I don’t think that’s the case in this area,” Holten said. “I believe that most attorneys and law firms in the area agree that we are in a pretty desperate need for attorneys up in Northern Minnesota.”

It’s not just other lawyers who feel the impacts. Rapp said the lack of local lawyers can lead to residents going without legal help.

“If you’ve only really seen [attorneys] on TV or know that they’re in big cities, it’s really hard to feel like the justice system is there to serve you."

Rebecca Rapp, co-chair of the Legal Services Corp.'s Rural Justice Task Force

“It means that people aren’t around attorneys, which makes it less likely that they would even think of an attorney or the legal system as a place to go for help,” Rapp said. “Even if they realized that maybe they have a legal problem with a legal solution, they wouldn’t know where to go.”

It can also reflect on the justice system as a whole. Lawyers are essential to the legal system, Rapp said.

“If you’ve only really seen [attorneys] on TV or know that they’re in big cities, it’s really hard to feel like the justice system is there to serve you,” Rapp said. “Unless people affirmatively assert their rights and work to protect them, they can be infringed upon in ways that really profoundly and devastatingly impact their everyday lives.”

The lack of attorneys also means there are a limited number of people eligible to run for county attorney, an essential role for communities.

“You need to have these attorneys to handle these important matters, the criminal files, the people who might be in need of protection or services,” Holten said.

While Mahnomen and Lake of the Woods counties have attorneys eligible for the role, both counties' current attorneys were appointed by their county boards.

Isaac Lees started in Mahnomen in July. Previously based in Bismarck, North Dakota, he registered in Minnesota with a Mahnomen County postal code. Lake of the Woods County Attorney Michelle Moren lives in Roseau County, meaning she is not eligible to run. When no one files, the incumbent attorney remains in the role, or the county board can consider a new appointment.

Minnesota Supreme Court Chamber at the State Capitol in St Paul.
Lorie Shaull
Minnesota Supreme Court Chamber at the State Capitol in St Paul.

Cultivating rural attorneys

A variety of solutions have popped up on how to solve or mitigate rural legal deserts.

Maine and Colorado have internship and mentorship programs that send law students to rural areas. Nebraska offers a rural law pipeline where students from specific areas in Nebraska study at one of four Nebraska state colleges or universities, attend Nebraska Law and then practice in rural areas of the state.

Oregon allows law graduates to opt out of the traditional bar exam, instead working closely with a supervising attorney to complete the Supervised Practice Portfolio Examination. This helps younger attorneys learn from and take over older attorneys' rural practices. South Dakota offers an annual stipend to attorneys who commit to five years working in rural, high-need counties.

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In 2025, Minnesota made its Legal Paraprofessional Program permanent. It allows non-lawyers to give legal advice and represent clients in specific housing and family cases under a licensed attorney's supervision. Arizona, Utah, Oregon, Colorado and New Hampshire have similar programs.

As Holten stepped down from county attorney in July, the Red Lake County Board chose a new attorney. Alex Dillabough took over the position. He also resides in Polk County.

Holten said he would love an attorney to move to Red Lake County and run for the position.

“I’m not saying our firm wasn’t devoted to helping them and doing it the best we could, but just being a resident of the county that you’re serving, I think it’s very important,” Holten said. “These people are going to be the most devoted to the citizens of that county.”

Erin Bowman studies journalism and political science at the University of Minnesota-Twin Cities. Originally from East Grand Forks, she enjoys providing understandable and accessible information to communities.
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