Innovation for Justice Training 37 New Legal Advocates in Arizona this Spring
As communities across the US know all too well, unmet civil legal needs for high-stakes issues like eviction, debt collection and domestic violence are at a crisis point. According to the Legal Services Corporation, an estimated 93% of low-income America’s life-altering civil legal issues—such as domestic violence, debt collection, or eviction—receive inadequate or no civil legal assistance. It is with this knowledge in mind that Innovation for Justice works with and within communities to change the face and form of justice.
Reforms to the regulation of the unauthorized practice of law opens the door to innovative solutions
Innovation for Justice (i4J) is a social justice innovation lab jointly housed at the University of Arizona James E. Rogers College of Law and the University of Utah David Eccles School of Business, committed to designing, building, and testing disruptive solutions to the civil justice crisis. i4J’s Service Impact Area focuses on innovating the delivery of legal services to advance access to justice for historically marginalized and underserved populations. In nearly every state in the US, unauthorized practice of law (UPL) restrictions prohibit anyone who is not a licensed attorney from providing legal services. UPL reform refers to the re-regulation of the practice of law, including providing legal advice, to allow people who aren’t attorneys but have specialized legal training to provide legal services, including legal advice, to community members. By authorizing new pathways for people other than lawyers to know and use the law, UPL reform presents an opportunity for community members who otherwise cannot access legal help to receive advice and problem-solving help from trusted members of their community. The ability to successfully know and use the law plays a critical role in legal empowerment, poverty reduction, and social change.
For the past five years, i4J has been at the forefront of designing service models that leverage UPL reform. These projects include training Domestic Violence Legal Advocates at Emerge! Center Against Domestic Abuse in Arizona and Medical Debt Legal Advocates at Holy Cross Ministries in Utah. In 2023, i4J received approval to expand the Domestic Violence Legal Advocate program state-wide in Arizona and to launch Housing Stability Legal Advocates initiatives in both Arizona and Utah. i4J's work is part of a growing movement across the US to empower “community-based justice workers” or advocates at community-based organizations with the training and authorization to provide limited-scope legal advice in the course of their current work. This spring, i4J is expanding on this work to train 37 new community-based justice workers in Arizona: 28 Housing Stability Legal Advocates, 8 Domestic Violence Legal Advocates, and 1 cross-trained advocate.
Domestic Violence Legal Advocates Initiative
The Domestic Violence Legal Advocate Initiative (DVLA, formerly known as Licensed Legal Advocates) first launched in 2020 at Emerge! Center Against Domestic Abuse, training 2 advocates who began providing services in the field in April 2021. In 2023, i4J received authorization from the Arizona Supreme Court to expand the program state-wide via Administrative Order 2023-21. The program has since further expanded in reach through Administrative Order 2024-35, which extends eligibility criteria for DVLAs to also include those employed by or volunteering at community-based organizations other than 501(c)(3) non-profit organizations. On February 5, 2024, 9 individuals from 6 community-based organizations serving Maricopa County, Pima County, and the Navajo Nation began training in the first cohort of DVLA expansion; these DVLAs are anticipated to be certified to begin providing services to the community in Summer 2024. Rolling applications for future training cohorts are currently being accepted via an interest form: Domestic Violence Legal Advocate 2024-2025 Arizona Application.
Upon completion of the training and passage of the certifying exam, DVLAs will be able to: (1) provide general legal information and legal advice regarding orders of protection and family law matters at intake; (2) provide legal advice and assistance during the completion of court forms and other documents for filing, such as service of process, orders of protection, petitions for dissolution, requests for spousal maintenance, and requests for child support; (3) provide legal advice and assistance with respect to preparation for hearings and mediations in the case types noted above; (4) sit at counsel table to quietly advise and assist participants who are representing themselves during court hearings, and (5) respond to requests for information from the presiding judicial officer during a hearing (Admin. Order 2024-35, emphasis added). All services provided by DVLAs will remain free-of-charge for community members.
Housing Stability Legal Advocates Initiative
Arizona’s Housing Stability Legal Advocates Initiative (HSLA) was initially authorized for non-profit community-based organizations via Administrative Order 2023-19. Eligibility to become an HSLA has similarly been modified by Administrative Order 2024-34 to also include individuals employed by or volunteering at community-based organizations other than 501(c)(3) non-profit organizations. On February 5, 2024, 29 individuals from 17 community-based organizations serving Pima and Maricopa Counties began training to become the state’s first legal advocates in the housing advocacy space. This first cohort of HSLAs is expected to be certified and able to provide services to the community in Summer 2024. Those interested in participating in future training cohorts can get on the waitlist by sending a waitlist request email.
Upon completion of the training and passing the certifying exam, HSLAs will be able to: (1) provide legal advice directed toward resolving issues tenants commonly experience before eviction, including the rights and obligations specific to tenants and property owners and dispute resolution strategies such as payment plans; (2) screen for legal defenses; (3) provide legal advice to tenants at risk of eviction regarding the eviction process and timeline, completion of eviction court forms, and how to assert viable eviction defenses in a timely and procedurally accurate manner; (4) take an advocacy role on behalf of tenants in negotiations with property owners and property managers; (5) sit at the counsel table to quietly advise and assist participants who are representing themselves during court hearings; (6) respond to requests for information from the presiding judicial officer during a hearing; and (7) advise participants post-eviction on issues such as post-judgment challenges to eviction judgments, garnishments, and the possibility of setting aside an order of eviction or sealing the eviction case records (Admin. Order 2024-34). In alignment with DVLAs, all services provided by HSLAs will be available free-of-charge for community members.
Sustaining and Evaluating Community-Based Justice Worker Initiatives
i4J is committed to the success and effective advocacy of the participants to its community legal education initiatives. In recognition of this and of our long-standing work to address the civil justice crisis, i4J supports its participating community advocates after their launch by connecting certified DVLAs and HSLAs to a network of resources across Arizona’s civil justice ecosystem. This includes facilitating access to up-to-date information on relevant changes to Arizona law, a continuum of mentorship support through attorney mentors, and continuing education opportunities. These efforts contribute to ensuring legal advocates are practice-ready when they begin providing services to the community, that they have a support network across the state, and that they are able to stay up to date on the civil legal practice area in which they provide advice and assistance.
i4J continues to monitor the effectiveness and civil legal outcomes associated with our UPL reform initiatives. Upon their Summer 2024 launch, this new cohort of community-based advocates will join our existing framework for reporting and will collaborate with i4J to record the client- and organization-level outcomes of their work in Arizona. Across i4J’s initiatives, we aim to pair both the numeric and anecdotal outcomes of our work with the lived experiences of community members to best capture the promise and proven impact of community legal advocacy. i4J anticipates having a first wave of assessment and evaluation data by the end of 2024, and looks forward to continuing to report out on the ways that community-led changemaking provides a road map to collaboratively address our nation’s civil justice crisis.
To stay updated on i4J’s UPL reform work and to be in the loop on this new cohort’s exciting launch into service, visit the Service Impact Area and subscribe to our newsletter for continuing updates on how we’re working to reimagine the future face and form of justice.
To learn more about i4J and the DVLA and HSLA advocates-in-training meeting with the U.S. Department of Justice’s (DOJ) Office of Access to Justice Director Rachel Rossi, see the DOJ Office of Public Affairs press release about the visit: Readout of Office for Access to Justice Director Rachel Rossi’s Trip to Arizona.