Named for an outstanding leader in the promotion of free legal services to the poor, the Harrison Tweed Award was created in 1956 to recognize the extraordinary achievements of state and local bar associations that develop or significantly expand projects or programs to increase access to civil legal services to persons living in poverty or criminal defense services to indigents.  The Nebraska State Bar Association (NSBA) was nominated for its work coordinating the Tenant Assistance Project and expansion of that program from Lancaster County to Douglas County in 2021. 

The Tenant Assistance Project (TAP) launched in Lancaster County (April 2020) and in Douglas County (August 2021) in response evictions arising during the pandemic. Pro bono attorneys assist low-income Nebraskans at risk of homelessness. The goals are to provide free representation to tenants in evictions cases; reduce the number of families losing their homes; provide volunteer opportunities for private attorneys and students; improve access to justice; and, promote an equitable process for tenants.

Unrepresented (pro se) tenant defendants are the norm in Nebraska courts. The Nebraska State Court Administrator estimates over 90% of tenants in evictions across Nebraska are unrepresented. Since TAP’s humble beginning, every low-income tenant appearing for a hearing unrepresented has been offered the assistance of a volunteer attorney.  To date, TAP volunteers have assisted more than 1,500 low-income tenants in Lancaster and Douglas Count County.  Of those assisted, only 2% have had cases resulting in an immediate eviction. In the remaining 98% of the cases, TAP attorney volunteers work with the landlord’s legal counsel to arrive at collaborative and mutually beneficial outcomes—whether that means additional time to peacefully vacate and avoid homelessness, or a payment plan allowing the family to stay housed. In a growing majority of cases, TAP attorneys, volunteers, and other community partners have become the primary conduit to connect rental assistance to landlords, resulting in the case being dismissed. Rental assistance programs help renters, but also landlords who otherwise would have to spend money pursuing debts. This did not happen before TAP.

TAP utilizes a collaborative approach, not seen in other jurisdictions. As TAP volunteer Amy Van Horne explains, “VLP collaborates with social service agencies in Douglas County who provide homelessness prevention services to low-income persons. Caseworkers from these organizations are on-site, during eviction hearings, to assist tenants with emergency rental assistance, alternate housing options and relocation services should they be necessary. The assistance of these individuals is critical to the process, often allowing volunteers, such as me, the ability to successfully negotiate with landlords and their counsel when it appears there are no defenses to halt the eviction in the case. The forethought to have these wrap-around services in place during eviction hearings is evidence VLP understands the need to employ innovative solutions to stave off mass homelessness, particularly during a pandemic.”

With more than 150 volunteers involved so far, TAP has reinvigorated pro bono service among Nebraska lawyers, particularly young lawyers, who are getting involved in record numbers. TAP has the added benefit of exposing lawyers to what it means to provide limited scope representation, which has been authorized in Nebraska for many years, but historically has been underutilized. TAP has also been acknowledged for the unique opportunity it provides law students. Director of Clinical Programs at Creighton University School of Law, Diane Uchimiya shared, “For first and second-year students, not only does TAP provide an opportunity to research cases scheduled for an eviction hearing and prepare eviction defense packets to aid the volunteer attorneys in their representation of tenants, but it allows them to shadow volunteer attorneys at the courthouse where they can observe client interviews, negotiations and litigation, including trials. Early in their education, students learn about the challenges faced by courts when dealing with unrepresented litigants. They also learn that the adversarial process does not work well when only one party is represented by counsel. Their ability to observe TAP in action early on helps solidify these concepts, including that the court functions more efficiently when both sides in a case are represented.”

The ABA’s Harrison Tweed Award was presented to the NSBA during the ABA Annual Meeting on August 6, 2022, in Chicago.