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When a court proceeding may result in a person losing their home, the U.S. Constitution demands a fair process with rigorous safeguards against erroneous deprivation. For defendants appearing in the Division 14 of the Shelby County, Tennessee, General Sessions Court, Criminal Division, which hears housing code cases and is known as the Environmental Court, the process they receive is anything but fair.
https://ij.org/case/memphis-environmental-court/
Sarah Hohenberg’s journey through the Environmental Court has left her bankrupt, homeless, stripped of her possessions, and a fugitive from the law. In 2009, a tree fell on her home causing significant damage. While she tried to get her insurance to repair her home, Ms. Hohenberg’s neighbors sued her in the Environmental Court, trapping her there for a decade. It is not an overstatement to say that this suit ruined Ms. Hohenberg’s life—she lost her house, the court’s multi-year proceedings caused her to deplete her finances on lawyers, and the court ordered her possessions removed from the house, leaving them to be stolen or carried away. Unable to meet the court’s ever-changing repair goalposts, Ms. Hohenberg lost the home that she owned outright. Humiliated and destitute, she fled to Mississippi as a fugitive because she refused to sign over her home. She is now ill, bankrupt, and homeless.
Like Sarah, Joseph Hanson also lost his home in Environmental Court proceedings after a tree fell on it. Despite no valid testimonial or evidentiary basis, the Environmental Court jailed Mr. Hanson numerous times and bulldozed his home and destroyed his possessions. He, too, is now homeless.
Ms. Hohenberg and Mr. Hanson arrived at this spot through a woefully constitutionally deficient process that took years to complete. In the Environmental Court, witnesses are not sworn in, nor do they attest that their testimony will be truthful. There is regularly hearsay testimony. Evidence, such as it is, is not authenticated. People “testify” from the courtroom audience. When witnesses testify, there is no foundation laid to determine their ability to provide evidence. The court does not follow the Tennessee Rules of Civil Procedure or the Tennessee Rules of Evidence. Instead, the Environmental Court’s proceedings are governed by the Shelby County General Session Rules—Criminal Division Rules, which is six pages long and largely concerns courtroom decorum.
Worse yet, the Environmental Court is not a “court of record” under Tennessee law, meaning that its proceedings are not transcribed or recorded. Appeals from the Environmental Court go directly to the Tennessee Court of Appeals, meaning that while a person may, in theory, appeal from an Environmental Court decision, there is no record for the Court of Appeals to examine. It is a right to appeal in name only.
Now, Sarah and Joseph have partnered with the Institute for Justice to ensure that court procedures involving occupied homes follow stringent procedural protections. This case aims to ensure that the Environmental Court, and similar housing courts across the country, comply with the due process clause of the U.S. Constitution.
https://ij.org/case/memphis-environmental-court/
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