Socorro, N.M. – As the effects of the economic downturn due to the COVID-19 virus continue to devastate our state's workforce, organizations that provide civil legal resources to those in need are seeing a huge uptick in requests for guidance.
Civil legal service providers are nonprofits and organizations that help people navigate the legal system on civil matters. In criminal cases, everyone is entitled to an attorney, but not in civil cases, in which legal representation is not a right.
The New Mexico Commission on Access to Justice is sending out an alert to let people know that civil legal services are available to those in need, and that the state is facing a wave of new cases due to people losing jobs and income.
In difficult economic times, people have trouble paying rent and making house payments. While some lenders are allowing homeowners to delay payments, lawyers at United South Broadway Corporation are anticipating a 30 percent increase in foreclosure case filings, many of which will involve income-eligible clients.
In addition to foreclosures and evictions cases, other areas of civil legal assistance will see a sharp increase in need as a direct result of the COVID-19 crisis. Other such areas include help obtaining access to benefits and cases involving domestic violence.
"Now more than ever, we need the resources that civil legal services will bring to dealing with the thousands of new cases around the state," said Supreme Court Justice Shannon Bacon, who sits on the Commission on Access to Justice. "People will need help trying to survive this pandemic, and civil legal services should be there to help people in need."
People who have lost their jobs during the pandemic may be especially vulnerable. A recent report by the Pew Charitable Trusts, published in early May, found that debt collection lawsuits were already the most common type of civil court case in many states before the COVID-19 crisis.
Debt issues could hit New Mexicans particularly hard. Nearly 40 percent of New Mexicans have a debt that is in collections.
Applications for unemployment and Medicaid enrollment also spiked with the sharp economic downturn. More than 125,000 New Mexicans filed for unemployment between March 13 and April 25. An additional 17,000 adults and children had enrolled in Medicaid by the end of April.
"We're hopeful that the economy will recover, but many New Mexicans could face struggles as a lasting effect of the COVID crisis as they try to pay down debt accumulated during the pandemic and work to keep their homes," said Lewis Creekmore, Executive Director of New Mexico Legal Aid. "We're here to help navigate the legal system and make sure people are treated fairly."
The Commission on Access to Justice identifies and promotes strategies for helping people navigate the complex legal system. The Commission works with stakeholders to increase the availability of pro-bono legal counsel for clients in civil cases, and promotes the creation of court-based self-help centers for people representing themselves. Other strategies include working to increase the number of plain-language documents available through the court system.
Civil legal services handle over 20,000 cases statewide each year, helping people who can't afford a lawyer get justice in our legal system.
It is impossible to gauge the number of new cases the virus will bring to the state's system of civil legal services, but already providers are seeing a significant uptick in cases and expect more in the fall as the effects of job loss and income reduction become more apparent throughout the state.
"And the worst is yet to come," said Diana Dorn-Jones, Executive Director of United South Broadway Corporation. "People shouldn't be thrown out in the street or lose their home in a pandemic, and we're here to help if there's a legal procedure to get involved."
The major areas of concern for people are landlords who try to evict, banks that try to foreclose, healthcare, food, and income assistance that aren't delivered, wrongful debt collections, and domestic violence cases. For instance, more domestic violence cases occur during times of financial stress and at present, people are in highly stressful situations while confined to their homes.
"What's coming is going to be a wave of crisis situations in the lives of our citizens," said Justice Bacon. "We need to be there to help people." For residents of New Mexico who need help, there's a helpline for legal services. They can call 833-LGL-HELP and that will get them into the state's legal service system.
In addition, the commission is asking working attorneys to volunteer to handle one pro bono case, to help offset the effects of COVID-19. Attorneys who can take on one case should contact New Mexico Legal Aid's Volunteer Attorney Program for details, at VAPreferrals@nmlegalaid.org.