Miscellaneous

Closer to Gideon?

By Anne Skove, Esq.

Is the oft-hoped-for Civil Gideon in sight?

If so, foreclosures could be the impetus for change. That's the hope of Robert B. Newman, a local (to me) lawyer. Newman wants court-appointed lawyers for homeowners in danger of losing their homes.

The foreclosure crisis hurts everyone -- government, neighborhoods, businesses, and families. Critics say homeowners bit off more than they could chew, but Ohio's Chief Justice Moyer is calling on everyone involved in the legal system to pitch in to help solve the problem. See Mediation to the Rescue, court-o-rama (February 11, 2008).

Already, states recognize the right to a lawyer in certain dependency, paternity, custody, civil commitment, medical treatment, and domestic violence cases. The right has been bestowed on a limited basis, though, where a fundamental right (freedom, raising one's children, etc.) is endangered. Home ownership might not rise to that level.

But issues like dependency and civil commitment are seen as the types of things that happen to someone else. Foreclosures affect "good" people, cause blight that lowers property values for the entire neighborhood, and foreclosures are on the rise. That combination could push the Civil Gideon dream out of the pipe and into reality, or at least make for good legal-aid fundraising.

See Lawyer Pushes Legal Help in Foreclosures, Gregory Korte (who, btw, is doing a great job covering foreclosures for the Cincinnati Enquirer), Cincinnati Enquirer (February 26, 2008).

Full post as published by court-o-rama.org on February 28, 2008 (boomark / email).