Eviction outcomes in Connecticut’s housing courts could depend on the professional background of a judge, according to a recent report by the People’s Parity Project.
The report, released on Monday, examined case outcomes and judge backgrounds in Connecticut housing court, showing a significant correlation between judges’ prior legal experiences and eviction rulings.
According to the study, tenants appearing before judges with backgrounds primarily in representing individuals, such as former legal aid attorneys or general practitioners, were more likely to receive favorable case resolutions compared to those appearing before judges with backgrounds in corporate law or prosecution. This trend persisted regardless of the specific judge’s background, suggesting a systemic bias favoring landlords.
This study analyzed 3,605 cases presided over by 62 different judges. The study found that judges with backgrounds in legal aid and plaintiffs’ litigation had the lowest scores, corresponding with better average renter outcomes, while judges with corporate and prosecutorial backgrounds had the highest scores. The overall average score for all categories fell in the middle at 2.19.
“With the state government grappling with issues around housing, workers’ rights, and criminal legal reform, the lack of attention to its skewed judicial bench could leave individuals affected by these issues still at an unfair disadvantage,” Christina Quaranta, executive director of the Connecticut Justice Alliance, said. “Our state courts have the final word on the majority of cases impacting our residents, and too many voices are missing from the table.”
There are currently several dozen vacancies for superior court judges, at least some of which Gov. Ned Lamont is expected to fill during the current legislative session. The CT Pro-People Judiciary Coalition has called on the governor to choose from their list of candidates for these roles but also points out that there are far more pro-people attorneys in the state than those actively advanced by the coalition.
Executive Director of the Connecticut Legal Rights Project Kathy Flaherty said, “Public defenders, legal aid, and civil rights attorneys are the ones working closely with the people of our state who are impacted most intimately by our
laws, giving them unique insight into the need to protect their rights. Far too often that experience is overlooked when it comes time to nominate judges. One’s sense of what comprises ‘justice’ depends, in part, on one’s life experiences.”
Steve Kennedy, organizing and network director at the People’s Parity Project, emphasized the impact of judges’ professional backgrounds on case outcomes.
“Especially given Connecticut’s current housing crisis and increased organizing to protect renters, it is essential that we address the problem from every angle. So long as our courts are stacked in favor of landlords, simply by the makeup of our judiciary, ordinary people will continue to struggle to obtain justice,” Kennedy said. “Every study that has looked at the impact of judges’ professional backgrounds on the people appearing before them has shown that former prosecutors and corporate attorneys side more often with the powerful corporate and/or state interests that they used to represent.”
Kennedy highlighted the need for increased professional diversity on the bench to ensure fairer outcomes for all parties involved in housing court proceedings. Efforts to improve diversity in judicial appointments have gained traction in recent years, recognizing historical imbalances in representation. The report suggests that professional diversity should be a key consideration in these efforts, alongside racial and gender diversity.
While Lamont’s office did not immediately respond to requests for comment, the report underscores the importance of addressing disparities in eviction outcomes, particularly as they disproportionately affect marginalized communities. Efforts to level the playing field include initiatives such as the right to counsel program for income-qualified tenants and proposed budget adjustments to support legal representation for renters.
Connecticut does have a right-to-counsel program for certain renters from low-income brackets and Lamont did include an additional $2 million in COVID funds as part of his recent budget adjustment.
The report also includes recommendations for systemic changes, such as reducing student debt burdens for aspiring public interest lawyers and increasing transparency in the judicial selection process. By promoting greater diversity on the bench and prioritizing pro-people legal experiences, the group aims to create a more equitable housing court system that serves the interests of all its residents.
