Seattle City Wire

Democratic Seattle City Council members Lisa Herbold and Andrew J. Lewis recently discussed in an interview with City Inside/Out: Council Edition the eviction moratorium and the possibility of free legal counsel for eviction cases.

Seattle Mayor Jenny A. Durkan has extended the moratorium on evictions through the end of June and the city council is discussing whether to offer free legal counsel to Seattle tenants that are facing eviction. Herbold voiced her support of counsel for eviction cases and she said that she actually proposed a similar funded program to provide legal aid for those faced with misdemeanors and underlying civil infractions as well.

“I absolutely support a right to counsel for folks who are facing eviction," Herbold said in the interview. "I actually proposed a funded program for legal aid for folks who are faced with misdemeanors but also might have an underlying civil infraction to allow for attorneys to the public defense to actually represent those clients. My objective in proposing this pilot was to look at expanding it to all tenants in similar eviction circumstances so I wholeheartedly support it."

Council member Lewis co-sponsored the bill for free legal counsel. He answered questions about state restrictions on gifts of public funds and explained that the cost of the bill would probably be higher than the initially planned cost of $750,000.

"I mean right now it's hard to say exactly what it's going to be," Lewis said in the interview. "Looking at other cities suggests that we probably are going to need to anticipate that the expenses will be a little higher than what we're anticipating right now."

Lewis explained the council was discussing how to establish free legal counsel as a fundamental government service that would clear up the gifts of public funds issue. He also explained that the council was discussing the costs and benefits of establishing an eligibility requirement. 

“I do not want an eligibility requirement," Lewis said. "I don't think that it is administrable. I think it would defeat some of the underlying purposes of the bill and I think we just need to really grapple with how can we strengthen the case that this is a fundamental government service."

Lewis added that in New York City, 86% of tenants who had legal representation in court were able to defeat eviction proceedings. In Seattle, only 10% of tenants on average have legal counsel for eviction cases. 

The Seattle City Council will make its decision on the possibility of free legal counsel for eviction cases in the next day or so.