Small Claims Court Directive: A Vital Step Forward in Addressing the Housing Crisis

As a May 2024 graduate of Marquette University Law School and having started as an associate attorney at Dunk Law Firm, I find myself reflecting on the experiences that have shaped my understanding of the legal system and its profound impact on the lives of individuals. One such experience stands out among the rest: my time spent clerking for the Honorable Reyna Morales in the civil/small claims court at the Milwaukee County Courthouse. In this court, I witnessed firsthand the intersection of the housing crisis and the legal system and the promising developments brought about by a new “Sealing Directive” in small claims court.

Housing issues are not just theoretical ideas; they are concrete challenges that impact individuals and families in our communities. Throughout my semester in small claims court, I witnessed the emotional rollercoaster that accompanies eviction and property disputes. From tears of despair to tears of relief, the human impact of these issues is undeniable.

The initial implementation of the Sealing Directive in small claims court has foreshadowed a wave of positive changes. Central to this directive is a renewed emphasis on efficiency, fairness, and compassion. Through initiatives such as eviction clinics organized by legal aid organizations and community advocates, individuals facing housing insecurity are provided with much-needed support and guidance. Moreover, measures aimed at streamlining court procedures have alleviated the burden on both plaintiffs and defendants, reducing the need for prolonged litigation and minimizing the adverse effects on tenants’ credit.

One of the most notable creations introduced under this directive is the concept of temporary sealing of cases – a strategy devised by Judge Morales to address the urgent housing needs of individuals while promoting compliance and cooperation among litigants. By temporarily sealing cases, parties are incentivized to fulfill their obligations, thereby expediting the resolution of disputes and facilitating the restoration of stability in the lives of those affected. Remarkably, this approach has garnered support from landlords, who recognize its efficacy in achieving mutually beneficial outcomes.

At the heart of these reforms lies a profound commitment to the principles of justice, empathy, and human dignity. Judge Morales’s unwavering dedication to addressing mental health issues, both within the confines of the courtroom and beyond, underscores the transformative potential of compassionate leadership within the legal system. By acknowledging and attending to the diverse needs of individuals, especially those grappling with housing insecurity, small claims court shines as a safe place to work through conflicts in an otherwise challenging environment. I am eager to see how the start of the Sealing Directive transforms the system over time, supported by continued buy-in from those involved.

As I reflect on my law school days, I am filled with optimism for the future of small claims court and its pivotal role in tackling the housing crisis. Through collaborative efforts, innovative solutions, and unwavering dedication to the principles of fairness and compassion, we can chart a path toward a more just and equitable culture – one where every individual has access to safe, stable, and affordable housing.

Kaitlin (Kat) Clancy
M.U. 2024