By Erica Norris, PBI intern
The PBEye has been reporting on recent developments as jurisdictions authorize Community Justice Workers (CJWs) to address specific access to justice issues. Our latest blog series focuses on the implementation of CJW programs in three jurisdictions: Alaska, Delaware, and Texas.
Delaware’s CJW model focuses on one specific legal issue: landlord-tenant cases. This model differs from Alaska’s CJW program, in which CJWs are supervised by a legal aid organization and may work on a broader range of issues. Delaware also stands in contrast to Texas, where lawyers are building a framework for future implementation of a CJW program. In the Delaware model, CJWs collectively focus on solving one legal matter.
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What are Community Justice Workers? CJWs are nonlegal professionals who attend training to develop the skills and knowledge to provide select legal services to other community members. As members of the community, CJWs bring valuable lived experiences and a deep understanding of their clients’ circumstances, equipping them to serve and support them as they navigate the legal process and access resources. |
Community Justice Workers in Delaware
CJWs in Delaware, known as Qualified Tenant Advocates (QTAs), specialize in one area of law, landlord-tenant, instead of several. Delaware is the first state to allow CJW representation for tenants facing evictions.
From 2017 to 2022, Delawareans faced a gap between landlord and tenant representation: landlords were represented more than 80% of the time in Justice of the Peace housing court cases, with 73% represented by Form 50 agents (professionals who are not lawyers but are authorized to represent business or government entities in a case in Justice of the Peace Court). However, fewer than three percent of tenants were represented in those cases
Under Delaware Supreme Court Rule 57, landlords who are business entities (e.g., a corporation, partnership, or limited liability company) may be represented by Form 50 agents in landlord-tenant cases if the agent submitted a form to the Justice of the Peace Court. However, prior to QTAs, the only option available to tenants was representation by an attorney or no representation at all, widening the gap in services between tenants and landlords.
Prior to the pandemic, Delaware had one of the highest eviction rates, with approximately 18,000 evictions filed annually, exceeding the national average. During the pandemic, Delaware eviction rates decreased due to the eviction moratoriums in place. However, as the moratoriums lifted, the eviction rate began to increase once again. From March 2020 to the end of 2021, approximately 10,000 evictions were filed in Delaware, with most evictions happening in primarily Black and racially diverse neighborhoods. Several factors make it easy for landlords to file for evictions, including low filing costs, the ability to file for any amount owed, and many landlords’ eligibility for representation by Form 50 agents.
Stakeholders saw the need for tenants to receive care and representation to mitigate the gaps in access to justice. Legal Services Corporation of Delaware, Inc, Community Legal Aid Society, Inc. (CLASI), Delaware Volunteer Legal Services, Inc., and other stakeholders collaborated to develop and advocate for a solution to ensure more tenants would have access to representation.
In 2022, the Delaware Supreme Court adopted Rule 57.1, which went into effect on March 1, 2022, allowing tenants to be represented by QTAs. Rule 57.1 authorized these advocates to represent tenants in eviction proceedings, free of charge, by appearing in court, negotiating settlements, filing required legal documents, and prosecuting or defending cases on their clients’ behalf. The advocates need not have any particular professional background, but they must be supervised by a lawyer at one of the three legal aid agencies that developed the proposal.
In June 2023, the Delaware General Assembly passed Senate Substitute 1 for Senate Bill 1, establishing “a right to representation for tenants in evictions and other landlord-tenant actions,” and providing a framework for tenants with a qualifying low-income to receive representation by an attorney or Qualified Tenant Advocate at no cost to them. This legislation opens the door to greater representation, ensuring that more people receive legal assistance regardless of socioeconomic status.
Training
To become a QTA in Delaware, individuals must attend a seventeen-week immersive training program, where they learn how to conduct themselves as a QTA and receive hands-on training. The training program consists of weekly two-hour training sessions in which they participate in mock hearings, learn case law, analyze evidence and legal issues, and develop the skills needed to handle landlord-tenant cases. The curriculum consists of landlord-tenant code, ethical and professional standards, and the specific role of QTAs in housing matters. At the end, QTAs must complete and pass a written exam and a mock trial to be allowed to perform the work.
Impacts of Community Justice Workers
QTAs are essential to mitigating the justice gap in eviction rates in Delaware and fighting for housing justice. According to Research Brief: Analysis Of The Social And Economic Impact Of Delaware Qualified Tenant Advocates (2022-2025) by the Access to Justice Research Initiative at the American Bar Foundation, from 2022 to 2025, QTAs working with CLASI contributed to 78% of housing cases. At the end of 2025, 88% of cases were closed, and QTAs had protected and obtained $4.8 million in housing-related financial assistance for clients. Overall, QTAs working with CLASI helped more than 7,600 adults and children.
Clients who completed the survey after working with QTAs reported high satisfaction, a desire to work with a QTA again, and the ability to understand the materials easily.
QTAs are making the legal system more accessible by using their legal knowledge to help individuals understand and navigate the law. By explaining legal rights and procedures in plain language, assisting with completing legal documents, and helping clients understand the options available to them, CJWs are bridging the gap between complex legal processes and the communities they serve, thereby reducing barriers to accessing justice.
QTAs also meet the need for tenant representation while maintaining empathy and the client’s personhood. Understanding their clients’ situations reinforces their commitment to dignity, respect, and care. By combining legal advocacy with compassion, QTAs help ensure that tenants receive both meaningful representation and respectful treatment throughout the legal process.
Continuing the Work
The CJW program in Delaware has been in place for more than three years and has successfully made legal services more accessible to people facing eviction. Other jurisdictions, such as Montana, Arizona, and South Carolina, have also approved CJWs to assist people in housing cases to expand access to representation.
The authorization of CJWs in Delaware and across the U.S. has empowered individuals who understand the needs of a community to represent those needs. Other jurisdictions that are considering a similarly focused CJW program can look to Delaware for important insight and guidance.