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 represent 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 provided for a civil right to counsel for tenants prior to 2017, but by 2021, three states and 13 cities provided that right.  Although the preferred path for 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 counsel for poor people in eviction cases.