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20 Stan. J. C.R. & C.L. 101 (2024)

handle is hein.journals/stjcrcl20 and id is 1 raw text is: CIVIL GIDEON: A JUDGE'S PERSPECTIVE ON THE RIGHT TO COUNSEL IN EVICTION CASES Shera C. Grant? Our country faces a mass eviction crisis. Millions of eviction cases are filed annually in the United States. To exacerbate the issue, poor people are left to rep- resent themselves in a complicated legal system that can expose them to drastic consequences, including homelessness. The civil right to counsel, also known as civil Gideon, has been a topic of discussion for many years amongst lawmakers and advocates. Although significant adoption has been slow, multiple cities and states have adopted right to counsel in eviction legislation. No jurisdiction pro- vided for a civil right to counselfor tenants prior to 2017, but by 2021, three states and 13 cities provided that right. Although the preferred pathfor a universal right to civil counsel in eviction proceedings is through the United States Supreme Court, the Court has refused to recognize such a right thus far. After hours of observing eviction cases from the bench and rethinking what justice should look like in our courts, some judges have also become vocal about the right to counsel. This article argues for civil Gideon in eviction cases, justified by our country's guarantee to life and liberty. I set out to research this issue by conducting interviews with my fellow judges who preside over eviction dockets across the state of Alabama. Through research and analysis, I discovered that many judges strongly endorse the right to counselfor poor people in eviction cases. 101 tJudge Shera Grant serves as a State of Alabama District Court Judge for the Tenth Judicial Circuit. She is the divisional presiding judge for the District Civil Division. She is grateful to the following: her husband and children for their encouragement, Professor Sara Greene for her support as thesis advisor, and all judges that participated in the research.

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