Appointed attorneys for homeowners?
There is a current bill on the floor Assembly, AB 590, that would set up a pilot program establishing CIVIL GIDEON for Californians.
That means when faced with the loss of a basic human need – like HOUSING – Californians would be entitled to a lawyer at government expense.
CIVIL GIDEON takes the idea that a person has a right to a lawyer in criminal proceedings and extends it to civil matters. We’ve all heard these words in every law and order show on television: “You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense.”
The reference is both a judicial and a biblical one: to Gideon, who ordered his small forces to attack the much larger enemy camp and, with trumpets blowing, created a cacophony that caused a stronger foe to tremble; thus a previously lopsided battlefield was leveled.
In modern times, the U.S. Supreme Court in Gideon v. Wainwright leveled the criminal justice battlefield, holding that the government must provide an attorney -- for free -- to indigent criminal defendants.
CIVIL GIDEON takes this concept and applies it to certain types of civil cases – like foreclosure and evictions. The idea is that people have certain basic needs – like housing – and that it is unjust for them not to have legal representation when they are threatened with the loss of that esssential item.
Right now, homeowners try to be their own lawyer in court, sometimes with success; more often they are outmaneuvered – and outspent – by the association lawyers. The court battlefield would be more equal if homeowners had lawyers to represent them in duels with their HOA.
For more information about AB590, click Here. The deadline for the Governor to sign bills is October 11th.
What do you think?
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My initial reaction was that it's a terrible time to add new costs to state government, even if they accomplish worthwhile goals. But after scanning the bill, I changed my mind, and see the merit, as did the overwhelming majority of both the assembly and the senate.
Thanks to Vickie Glaser for this helpful information:
Don't know how to post this kinda of thing but on the leginfo.ca.gov website you can always get legislative information (Assembly, Senate bills, committee analyses, floor analysis and all version of bills. Good site for seeking legislative and statutes. This is the final analysis of the ASB 590 that went to the Governor. Problem I see is the bill won't take effect for two years and then it will only be a pilot project.