Underserved, Unrepresented, and Eventually Unhoused BY KARINA GARZA
Karina Garza is the development and communications coordinator for Volunteer Legal Services of Central Texas. Well versed in government and nonprofit arenas, she has worked for the Department of Veterans Affairs and the Migrant and Community Action Project in St. Louis, Mo.
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olunteer Legal Services of Central Texas (VLS)’s Eviction Task Force provides life-changing representation to tenants who appear at court expecting to lose their homes. THE NUMBERS Over 90% of tenants facing eviction arrive to their hearing unrepresented.1 Their fate is often decided within 10 minutes or less.2 Even the term “unrepresented” seems to suggest that the norm in eviction hearings is that tenants have legal counsel.3 (This also assumes that our neighbors
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AUSTINLAWYER | NOVEMBER 2022
are even aware that they are meant to attend docket, but that is neither here nor there.) According to the Child Poverty Action Lab, eviction cases were decided in favor of the landlord in 80% of cases and in favor of the tenant in 2% of cases.4 While this data is for Dallas counties, VLS’s own data here in Travis County seems to suggest a similar nightmare. When we look at statistics compiled by the Texas Access to Justice Foundation, we see that “there is approximately one legal aid lawyer for every 7,000 Texans who qualify.”5 How did we get here? How is it possible that an attorney simply being present during a Zoom hearing or physically at court means that eviction cases no longer favor landlords? Mark Melton out of Dallas asks how the legal system can even call this “constitutionally sufficient due process.”6 Short answer: It isn’t. Many in the legal community here in Texas are working to fix this injustice at the systemic level, guaranteeing that due process is the norm for tenants, regardless of socioeconomic status. But that is not enough. Systemic change is slow and arduous. Who will advocate for the folks being evicted today, tomorrow, next week? ACTION ITEMS VLS’s Eviction Task Force is in its infancy, existing only since 2021, yet the program has
Your firm can be an assembly of advocates. We know that housing costs will continue to exponentially outpace wages, and that affordable housing waitlists will never shorten. already seen an 80% success rate. Jackson Walker partner and VLS board member Marilyn Brown shared that “the impact on the individual people we have been able to represent cannot be overstated. ... The VLS Eviction Taskforce also encourages all landlords to ensure they are following the appropriate steps before seeking to evict someone from their home.” A rigged and losing game seems less so when all persons—especially underserved, underpaid, and unrepresented persons—have an advocate. “People are more willing to stand up for their rights when they have a professional on their side,” observed Scott W. Weatherford, partner at Jackson Walker. You can be that advocate. Your firm can be an assembly of advocates. We know that housing costs will continue to exponentially outpace wages, and that affordable housing waitlists will never shorten. Will you, today, personally ensure that our Central Texan neighbors have access to equal justice during the most challenging periods of their lives?
THE NITTY GRITTY OF EVICTION DOCKET You’re fired up and ready to help. How do you join the Task Force? 1. Sign up for a docket shift at VLS’s volunteer portal, Volunteer Hub. Sign up or log in at vls.volunteerhub.com. Current docket schedule as of September 2022: • JP5: Mondays, 8:30 a.m. via Zoom • JP2: Wednesdays, 9 a.m. via Zoom • JP1: Thursdays, 10 a.m. in person 2. Appear at docket! In total, you will appear for 90 to 120 minutes. VLS handles intake, eligibility requirements, and the Professional Service Agreement (PSA). 3. Hold an attorney/client meeting. 4. Request a continuance, if possible. You’ve met your client 30 minutes ago—most judges will grant this request. 5. Settle or prep for trial—no more than 5-10 attorney hours.