Creating user-centered eviction diversion support in Indianapolis

Background

To address some of the highest eviction filing rates in the country over the past decade¹, the Lawrence Township Small Claims Court engaged a range of community partners to develop an eviction diversion pilot program that could serve as a replicable model for the other eight municipal courts in Marion County, Indiana.

Supported by NCSC's Eviction Diversion Initiative, the Lawrence Township Small Claims Court adopted new rules, established partnerships, and implemented process changes to center the needs of court users and bring more resources to the community with the goal of helping landlords and tenants reach sustainable solutions. Court data show that after the eviction diversion program took effect, nearly 90% of filed eviction cases were resolved without an eviction judgment being entered against the tenant². The court also observed a reduction in default rates, with more community members coming to court and participating in the program as word-of-mouth spread in the community.

Adopting rules to expand access to resources

The Indiana Supreme Court's Pre-Eviction Program established the foundation for the Lawrence Township program during the Covid-19 pandemic by requiring judges to advise landlords and tenants at the initial court date of available community resources and to inquire about their interest in using the resources. If both parties agree, the case is automatically continued for 90 days, with status conferences set at 30- and 60-day intervals. If the parties are successful in resolving their dispute, the case is dismissed and sealed. If only one party wishes to access the program resources, they may still work with the service providers, but the case will move forward on the standard timeline.

Establishing holistic partnerships

Community partners are at the heart of the Lawrence Township program. After identifying unmet legal and non-legal needs, the court built a strong network of partner organizations to address both the immediate and long-term needs of the community.

Free legal services and settlement assistance are provided during the weekly eviction docket through a partnership with the City of Indianapolis, the Indiana Bar Foundation, and local legal service providers. The court provides space for the service providers to meet privately with clients at the courthouse where they can access a range of legal services from brief advice to settlement assistance to in-court representation based on their goals and needs.

The court also hired resource navigators who are available onsite at the courthouse to help connect landlords and tenants to stabilizing resources including food assistance, rental assistance, housing navigation, educational support, job opportunities, and other services. The resource navigators serve as a bridge between the court and community working closely with social service providers, government offices, and other agencies to make warm handoffs and ensure community members are able to access the services they need to stabilize their living situation. 

Creating a user-centered court experience

Because the initial court date is the primary point of entry for the Lawrence Township eviction diversion program, the court worked to create a welcoming, supportive environment to encourage litigants to engage meaningfully with the court process and use available program resources.

Interior and exterior signage and wayfinding greet litigants and reinforce the message that the courthouse is a place to find help. Litigants have access to a wide range of print and digital self-help materials and forms. Navigators greet litigants when they come to court and ensure they are connected to the right resources before they appear before the judge. A dedicated pro se docket helps the court handle cases filed by self-represented landlords more slowly and target available resources more effectively.

Using technology to improve access & enhance service delivery

The court provides public access computers for litigants who wish to participate in court proceedings by Zoom or need internet access. Through a partnership with the Indiana Bar Foundation, the court also hosts a self-service legal kiosk where court patrons can access legal information and forms or apply for free legal aid through Indiana Legal Help.

Looking ahead

Building on its success, the Lawrence Township Small Claims Court pilot has become a permanent program that has now expanded across Marion County to eight additional courts. The program has been supported by funding from the local philanthropic community and local government and is recognized nationally as a successful problem-solving housing court model. The Lawrence Township Small Claims Court's Eviction Diversion Program is a testament to the power of state courts to make positive changes in the lives of the community members they serve.