Courts in Crisis Part II: The Uneven Spatial Dynamics of Dispossessory Court in Georgia

As a follow up to the Center’s earlier report, Courts in Crisis: Exploring the Impact of COVID-19 on Eviction Court in Georgia, this second report explores how Georgia’s dispossessory courts have continued to adapt their policies and procedures in light of revised judicial emergency orders and where they find themselves several months into the pandemic. As courts reopen, we observed wide variation in the level of case backlog, availability of remote hearings, and the procedures used to conduct those hearings. While most courts are now hearing cases in some fashion, the decision of whether and how to do so did not appear to be driven by pre-COVID case volumes or case backlog; the one possible predictor appears to be geography (metro vs. non-metro). Overall, the authors find that the courts’ patchwork approach to eviction court remains fragmented, creating challenges for litigants attempting to navigate the system and questions about whether local implementation frustrates broader state and federal policy goals.

Limited Assistance, Meaningful Results: The Impact of the Housing Court Assistance Center

Eviction affects almost 2 million Americans every year. Georgia renters are almost twice as likely to be evicted as the average renter in the United States. As much as 90 percent of the time, tenants appear in court without a lawyer. In Fulton County, the Housing Court Assistance Center (HCAC) provides limited-scope representation that can lead to positive outcomes for tenants. This report, “Limited Assistance, Meaningful Results” details how the HCAC is making a difference for Fulton County residents.

Misdemeanor Bail Reform

Several states and municipalities, including Atlanta, have recently enacted or considered legislation to address pre-trial policy, such as bail practices. The center prepared a report, “Misdemeanor Bail Reform and Litigation: An Overview,” for the Georgia Judicial Council’s Committee on Misdemeanor Bail for its use in considering what changes might be implemented in Georgia. In addition, Center faculty director Lauren Sudeall’s co-authored article, Boots and Bail on the Ground: Assessing the Implementation of Misdemeanor Bail Reforms in Georgia, presents a more recent mixed-methods study of misdemeanor bail practice across Georgia.

Assessing the Civil Legal Needs of Indigent Criminal Defendants

The center conducted a study, Unfamiliar Justice: Indigent Criminal Defendants’ Experiences with Civil Legal Needs, of the civil legal needs of indigent criminal defendants. They conducted research in conjunction with the Sociology and Criminal Justice and Criminology departments at Georgia State. The center worked with public defender offices in Fulton and DeKalb counties to assess the nature and pervasiveness of civil legal issues facing those who enter the criminal justice system. The study was supported by a grant from the Charles Koch Foundation.

Observations from Mississippi State Criminal Courts

As part of an Alternative Spring Break trip, and in conjunction with the Mississippi Office of the Public Defender, students observed court proceedings to see how indigent defendants experience criminal courts. This report, “Mississippi’s No-Counsel Courts,” details the unconstitutional practices students witnessed in some of Mississippi’s misdemeanor courts.

Eviction in Semi-Rural Georgia

In 2018, the center received a $24,000 Opportunity Grant from the American Bar Endowment to study eviction in semi-rural Georgia. The study is a collaboration with the Georgia State Sociology department and the Georgia Legal Services Program.

Rural Justice

The center’s faculty director, Lauren Sudeall, co-authored an article, “Legal Deserts: A Multi-State Perspective on Rural Access to Justice” about common obstacles people in rural areas have to navigating the justice system.

Self-help Resources in Georgia

In 2016, more than 800,000 cases in Georgia involved self-represented litigants. In partnership with the Administrative Office of the Courts, the center worked with a student to profile a sample set of self-help resources from Court-based Self-Help Programs available in Georgia Courts.