Virtual hearings transform housing courts around Minnesota
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Sarah Moore is an attorney for Legal Services of Northwest Minnesota with over 20 years of experience. Her office provides free legal help to people living in poverty in 22 counties in the northwest part of the state. She said during COVID-19, a moratorium halted evictions in the state for about a year. When that hold was due to be lifted, a lot of people got really worried.
“It was felt that landlords would just be kind of going crazy, going to the courthouse to file evictions,” Moore said.
Adding to the concern was the fact that prior to the moratorium greater Minnesota did not have housing courts like the metro area.
“Evictions or related housing issues ended up just on general calendars for the judges in outstate Minnesota,” she said. “So, they could happen at any time.”
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Moore said people living in poverty sometimes had a hard time getting to court because of transportation, child care, taking time off work or other issues. In eviction cases, if they did not show up, the court would automatically rule against them.
As the end of the moratorium loomed, Moore said people in the judicial system worried about returning to the old system in the face of anticipated tidal waves of cases.
Since courts had been holding proceedings virtually during COVID the judiciary decided to build on that. She said the housing court calendar is now consolidated, and the hearings take place on Zoom.
“In a particular county, it might be on a Monday morning or a Tuesday morning or Wednesday afternoon, and there’s anywhere from two to 10 eviction hearings that may take place back-to-back-to-back, and tenants and landlords and the court appear remotely.”
Moore said the changes have made Legal Services of Northwest Minnesota more accessible for people who need help the most. And they tune into the weekly housing courts even if they do not have a client scheduled to appear.
“We actually can be connected with a tenant facing eviction at the time of the hearing, even if we've never spoken to them before,” she said. “And so, we can assist them at that time with their eviction, and hopefully get a good resolution for them, regardless of whether they’ve had previous contact with our agency.”
She said clients can take part in the proceedings in many ways.
“People are able to appear on their phones. They’re able to appear on a computer if they have one,” Moore said. “And all the courthouses in our area, it doesn’t have to be necessarily the courthouse where the hearing is being held, but if there’s a courthouse that’s closer, they have iPads or computer kiosks that tenants can use.”
LSNM also placed kiosks in locations within their service area.
MPR News observed a recent morning of housing court on Zoom. While there were occasional moments of contention, the proceedings were orderly and efficient. Clients could receive legal counsel via breakout rooms.
Defendants approached for comment for this story declined to be interviewed. However, Moore said the people with whom she works appreciate the changes.
“I think eviction court and centralized eviction hearings are the best-case scenario when it comes to remote hearings because of just the way that it’s been set up and the way that it works to be able to have them all at the same time,” she said. “Credit needs to go to the judges, the judicial referees, the court staff, who have all really come on board in getting these things to work efficiently and get these resolutions for tenants and also for landlords.”
Attorneys who represent landlords also like the new system.
“I think it’s more convenient for us as attorneys. It’s more convenient for tenants, it’s more convenient for legal services,” said Ann Miller, a shareholder attorney with ABST Law in Fargo, N.D. “It’s more convenient for judges and court staff. It’s definitely been welcome in the eviction process, and I think it has really allowed tenants to participate on a more regular basis than they had in the past.”
It’s not perfect. Erin Larsgaard, a partner at Wold Johnson, P.C., also represents landlords. She said sometimes there are technical issues with sound and video or even dropped calls.
“We see that on the tenant side, on the landlord side, on the attorney side every once in a while,” she said.
According to Larsgaard listening to testimony can also be a challenge.
“You can’t always read body language as easily. The tone doesn’t always come across as well,” she said. “So, there could be a little bit of that, but overall, I think it has been less challenging than more.”
A judge or a court appointed referee oversees housing court proceedings. Heidi Davies is a referee with the Seventh Judicial District.
“They hear just like a judge would if an order is generated from that hearing, it is considered a recommended order signed by the referee,” she said. “And then it goes to the judge for the judge's approval and signature. And then once the reviewing judge signs that order, it is final.”
And Davies stresses Zoom is opening new avenues of access.
“If you think about how our courts are, where we as a society resolve our disputes in a civilized manner, according to our system of rules and laws, greater access to the courts is really greater access to justice,” she said. “And that benefits all of the court users across the board, and as a result, that really benefits our communities as a whole.”
Some states have done away with virtual hearings as COVID restrictions ended. However, after a review Minnesota’s judicial branch has decided virtual housing court will continue for the foreseeable future.