Tenant’s Plea For Counsel Came Too Late

A tenant asked in court for a lawyer. She ended up with an eviction notice instead.

Cassandra Cuddy, the landlord of an Elm Street property, sued the tenant, Abigail Rodney, in July 2019 for nonpayment of her $1,500 monthly rent since April 2019. Cuddy was represented by attorney David Pinciaro; Rodney was self-represented.

Since the initial case began, Rodney successfully filed two separate motions for continuance, the first for a doctor’s appointment and the second due to Covid-19 symptoms.

She finally had a virtual court date Tuesday. She would have the opportunity to testify, cross-examine the property manager, make closing arguments, and present any evidence to her case.

But first Rodney requested that she be provided counsel. ​“I’m not an attorney,” she told Judge Claudia Baio. ​“I don’t understand these legal terms.”

Judge Baio responded that she had ​“more than ample opportunity to retain counsel” since the case was filed in 2019. The tenant pushed back, claiming that she ​“didn’t choose not to have counsel,” but just was unable to find an attorney willing to represent her.

“I don’t understand how I can represent myself when I don’t know the rules,” she added.

Judge Baio reiterated that Rodney had been free to choose counsel and that her case was pending for almost two years.

Ultimately, Judge Baio ordered that the eviction move forward.

Unlike in criminal cases, defendants in civil cases are not appointed counsel by the court in the State of Connecticut. Efforts are underway to change that. Most notably, a bill that would guarantee legal representation for low-income tenants just passed the Connecticut General Assembly House of Representatives.

The Independent wrote about this legislation when it advanced out of the Housing Committee in March.

The bill needs to also pass the Senate and be signed into law by Gov. Ned Lamont before it can be enacted.