Learning Lab

Has the Time Come? Litigating the Constitutional Right to Counsel for Tenants Facing Eviction

To date, 23 jurisdictions have enacted a right to counsel for tenants facing eviction, but there has been virtually no attempt to litigate the constitutional right to counsel for such cases. While the Supreme Court has been hostile to the right to counsel in civil cases, the state courts have been more receptive. Come learn about the history and landscape of such litigation, as well as whether it's the right time for a landmark case to be filed!

  • Understand both the possibilities and dangers of litigating in the civil right to counsel space.
  • Learn the different kinds of constitutional claims that could be pursued, and the viability of each.
  • Comprehend the vast history of civil right to counsel litigation and how that history affects litigating in the eviction RTC space.
  • Evaluate the potential for litigation in their own jurisdiction.

John Pollock, JD

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Northeastern University School of Law

John Pollock is a Staff Attorney for the Public Justice Center who has served since 2009 as the Coordinator of the National Coalition for the Civil Right to Counsel (NCCRC). The NCCRC works in 45 states at the state and local level to establish the right to counsel for low-income individuals in civil cases involving basic human needs such as child custody, housing, safety, mental health, and civil incarceration. He is the recipient of the 2018 Innovations Award from the National Legal Aid and Defender Association (NLADA). Previously, John worked as the Enforcement Director for the Central Alabama Fair Housing Center and as a law fellow / consultant at the Southern Poverty Law Center. He graduated from Northeastern University School of Law, where he was a recipient of a Public Interest Law Scholarship (PILS). He is the author of many law review articles, including Appointment of Counsel for Civil Litigants: A Judicial Path to Ensuring the Fair and Ethical Administration of Justice, Court Review, Vol. 56 Issue 1 (2020).

Hannah Adams

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