U of I students gain hands-on legal experience through partnership with Jesse Tree on eviction cases 

Though not out of law school, five University of Idaho students are already making an entrance in the legal profession, and Jesse Tree is receiving help with its many eviction cases.

This September, Jesse Tree partnered with the University of Idaho (U of I) College of Law in a new way, to form a clinic that focuses on eviction cases. To date, most have been settled, meaning about 100 residents have remained housed and the law students have successfully partnered with attorneys, done research and prepared information, appeared in court and mediated the case. They have also recently filed their own lawsuit on behalf of a client. 

“We learned last year that legal externs (such as through U of I College of Law) are just really valuable partners in the work that we do,” said Ali Rabe, executive director of Jesse Tree. “Based on our experience with those folks, we started this housing clinic.” 

Further complementing Jesse Tree’s efforts, these students, with their limited license to, effectively, practice law in Idaho, offer preliminary outreach and answer legal questions, including for clients as they arise, explained Jason Dykstra, clinic supervisor and professor for the U of I College of Law. This hands-on experience is rare for most law students. 

“Although it’s been a virtual courtroom this fall, it’s (been) great,” Dykstra said. “Law school tends to be very academic, very detached from what attorneys actually do. I think it’s great they’re in the trenches.  

“Sometimes the law school journey feels very solitary,” he added. “It’s great to see the students can collaborate.” 

Jesse Tree brings referrals and expertise. 

“Jesse Tree has a great group of volunteers and they have a great infrastructure in place and they have the resources,” Dykstra said, such as for bridging gaps for cases where COVID-19 is involved, which has been seen a lot. 

“It’s definitely been an interesting time,” Rabe said. “One thing I really appreciate and I think is valuable for law students is the ability to learn how social services work. They’re also able to see beyond how to represent a client; we know that when low-income tenants are seeing a pro bono attorney or a public defender, they have all kinds of other issues beyond just the legal issue. The law students are able to see what being a lawyer is like in a wholistic way.” 

The experience  

Rabe said Jesse Tree engages in 20 eviction cases a week in the Treasure Valley. That has been consistent throughout the year, with a pretty big spike when the eviction moratorium ended. Though Jesse Tree receives about 300 cases a month, the nonprofit, even with the help of the law students, can only take 100.  

Most, Rabe continued, are related to nonpayment of rent, though the tenants want to pay the rent.  

“They just can’t,” Rabe said. “All have some extenuating circumstances that happened to lead them to that place.” 

Often, Jesse Tree can step in same-day and try to intervene in the potential eviction. The goal is to get the case dismissed, Rabe explained, so that the tenants do not have that on their record, and, of course, they get to stay housed rather than going to a shelter. 

According to Rabe, tenants initially faced with eviction due to nonpayment of rent are given three days to pay the rent; if that doesn’t happen, then a court case is filed and hearing is usually scheduled between five and 12 days. It costs Jesse Tree about $1,500 to keep a tenant housed; it costs between $5,000 and $10,000 to rehome. 

Here, Jesse Tree will often have the externs pull records for the case and reach out to the landlord and/or their attorney. Often, they don’t want to spend the time in court. 

“We have found that mom-and-pop, local (landlords) tend to have a more relational connection and better communication with their tenants (and) are less likely to evict because they know what’s going on; other bigger property management companies that have come to Idaho don’t have that connection, they’re very by the book; they will contract with an attorney to evict based on timing,” Rabe said. 

Following that pre-trial work, Dykstra added, the students will attend proceedings and engage in or conduct mediation.

What’s next for the clinic? 

Dykstra said he hopes, in the future, more clients are referred to the clinic. 

“I’d love to see that grow in the future, not just helping triage and settle things, but (that students) take a more proactive role and directly represent more tenants well in advance of trials,” Dykstra described.  

Rabe agreed, adding that she would like to see the students get more support with attorneys and get involved more in legal issues, including more complicated ones. 

When asked if he sees this clinic being a model for future partnerships, Dykstra said yes, especially for other housing stakeholders, including the Intermountain Fair Housing Council and Idaho Legal Aid. He also believes the housing law clinic has the potential to expand. 

Rabe also sees partnerships with the U.S. Department of Housing and Urban Development, which recently released a grant for $1.8 million through Idaho Legal Aid, potentially giving more resources to provide legal support. She thinks this could help Jesse Tree expand its current 100 cases per month capacity and students could spend more time with the clinic. 

With just five students, “One challenge is they are very much part time; next semester, we are going to have an extern who has more hours to contribute, who is going to help lead the students,” Rabe said. 

Future cases the clinic could face could involve evictions around tenants choosing not be vaccinated, Dykstra and Rabe agreed, with Dykstra adding that is “definitely an emerging area.” 

“We know that a lot of people who go to (a) shelter have an eviction on their record; if we can prevent that from happening, we’re reducing barriers for people to find new housing for the rest of their lives; we’re ensuring housing stability for them, ultimately preventing them from going into the homeless system, which we don’t want for anybody.”