““Legal aid to the poor has been steadily diminishing since the Reagan years and was decimated during the Great Recession. The result is that in many housing courts around the country, 90 percent of landlords are represented by attorneys, and 90 percent of tenants are not. Low-income families on the edge of eviction have no right to counsel. But when tenants have lawyers, their chances of keeping their homes increase dramatically. Establishing publicly funded legal services for low-income families in housing court would be a cost-effective measure that would prevent homelessness, decrease evictions, and give poor families a fair shake. In the 1963 landmark case Gideon v. Wainwright, the Supreme Court unanimously established the right to counsel for indigent defendants in criminal cases on the grounds that a fair trial was impossible without a lawyer. Eighteen years later, the court heard the case of Abby Gail Lassiter, a poor black North Carolinian, who appeared without counsel at a civil trial that resulted in her parental rights being terminated. This time, a divided court ruled that defendants had a right to counsel only when they risked losing their physical liberty. Incarceration is a misery, but the outcomes of civil cases also can be devastating. Just ask Ms. Lassiter.””
