Proponents claim access to a lawyer when facing eviction is a matter of social justice

It’s 9 a.m. on a Friday in Boulder and eviction court is underway. This week, Feb. 21, the docket is fairly light with only a dozen or so cases. Judge Elizabeth Brodsky says that when she started four and a half years ago, her first Friday had 72 cases. Her clerk says that last year the weekly average was more like 30-35. Lately, it’s been about 15 a week. The same scenario will play out in Longmont at 10 a.m., albeit in front of a different judge, with approximately the same number of cases, if not more.

Judge Brodsky asks everyone who walks into the courtroom for their name, like taking attendance at school. There are a handful of lawyers who seem to know the judge well. She waits to start the court proceedings, attempting to give everyone time to arrive. She prefers ruling on the substance of each case, she says.

“These cases have such a tremendous impact on people and I’m reluctant to default,” she explains, as a default would automatically be in favor of the landlord.

By 9:15, she can’t wait any longer.

“Coming to court is a difficult thing to do,” she says, before hearing any cases. “Coming to court with something as important as housing is extremely difficult. Everyone needs to leave with their dignity intact.”

She’s speaking to everyone, but it seems most pertinent to the tenants, none of whom have legal representation on this day. The attorneys are here for the landlords.

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