BATON ROUGE, La. — A class-action complaint has been filed by the Southern Poverty Law Center (SPLC), the National Housing Law Project (NHLP), and civil rights attorney Bill Quigley on behalf of a tenant in Baton Rouge. The group is seeking a declaration that Louisiana law creates an unconstitutional financial incentive for justices of the peace who preside over eviction cases to rule in favor of landlords.
“This lawsuit sheds light on the harms experienced by low-income and primarily Black tenants in eviction proceedings before justice of the peace courts in East Baton Rouge Parish and across the state,” said Anjana Joshi, SPLC senior attorney for economic justice. “When a judge has a monetary stake in eviction proceedings and when a tenant knows there is no functional right to appeal an eviction, it undermines the tenant’s right to a full, fair and impartial hearing. The current system essentially incentivizes justices of the peace to attract landlords to file in their courts and deprives tenants of the ability to challenge an adverse ruling.”
In Louisiana, justices of the peace handle eviction proceedings, preside over weddings and handle small claims disputes. The proceedings are informal and many justices of the peace are not lawyers and did not attend law school.
The suit alleges that state law allowing justices of the peace to supplement their salaries and court operating costs through filing and other fees, in eviction proceedings, creates a financial conflict of interest. The filing claims that the law violates tenants’ constitutional right to a fair and impartial judge. The money that justices of the peace earn from filing and other fees pay for staff salaries, utilities, office supplies and rent as well as most of their salaries. If landlords do not file petitions for evictions before justices of the peace, justices of the peace are not paid and the court cannot operate.
“No matter where we live, we all deserve protections in court, so we are not unfairly charged or illegally evicted,” said National Housing Law Project Senior Staff Attorney Hannah Adams. “But Louisiana law dictates that tenants evicted by Justices of the Peace instead of city or district court judges have less due process and fewer appellate rights. This unequal system of justice leads to more evictions. It’s unconstitutional and cannot stand.”
The suit also alleges that state law limiting only the appellate rights of tenants appearing in eviction proceedings before justices of the peace violates the Equal Protection Clause of the Fourteenth Amendment. Unlike tenants facing eviction before the city or district court, tenants have no right to appeal an eviction brought before a justice of the peace.
“Ensuring fairness in eviction proceedings is essential to improve housing stability and security,” said Civil Rights Attorney Bill Quigley. “Evictions have far-reaching and long-lasting harm, in the form of financial consequences, increased difficulty in accessing housing and disruption of stability for families and communities in Louisiana, Black residents are disproportionately impacted, exposing them to the negative consequences at a greater rate than other tenants.”
In 2019, the Fifth Circuit Court of Appeals held that the Orleans Parish Criminal District Court judges had an unconstitutional financial conflict of interest in certain proceedings, because those courts relied on fines and costs to pay for the courts’ operating expenses. This lawsuit makes similar allegations with regard to how justices of the peace are funded through evictions in Louisiana.
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About the Southern Poverty Law Center
The Southern Poverty Law Center is a catalyst for racial justice in the South and beyond, working in partnership with communities to dismantle white supremacy, strengthen intersectional movements, and advance the human rights of all people. For more information, visit www.splcenter.org.
About the National Housing Law Project
The National Housing Law Project’s mission is to advance housing justice for poor people and communities. We achieve this by strengthening and enforcing the rights of tenants and low-income homeowners, increasing housing opportunities for underserved communities, and preserving and expanding the nation’s supply of safe and affordable homes. Visit www.nhlp.org.