Memorial Day Weekend Could See Mass Evictions - Oklahoma County Has 387 Cases on Thursday’s Docket

By Heather Warlick

Memorial Day weekend could see more people than usual packing up their homes in a hurry after being evicted. Thursday, Judge Trent Pipes will handle more than 380 eviction cases in small claims court, more than double the usual number of cases heard in a single day.

Oklahoma County Court Clerk Rick Warren said the holiday weekend is to blame for the overload.

Normally, Warren said, eviction court dockets contain no more than 180 cases. Thursday’s docket contains 387; Wednesday’s docket has 222. Pipes consented to the extra caseload. 

If all 387 defendants on Thursday’s docket attend their hearings, which usually take place during a two-hour time period, the judge will have less than 19 seconds per case to ascertain the facts and render decisions. That’s without any pauses between cases. 

However, a whopping 78% of Oklahoma evictions that resulted in judgments against tenants in 2023 were due to tenants not appearing to defend themselves at their hearings, said Amy Coldren, CEO at Shelterwell. Since 48% of cases result in judgments, that means 35% of all eviction cases resulted in losses by default. 

For those who do show up, Legal Aid Services Oklahoma will have its entire team of housing attorneys offering free representation for tenants. Some may not know to seek out Legal Aid Services, Executive Director Michael Figgins said. 

“For those who do know to seek Legal Aid, the docket size will put efficiency as the paramount goal and increase pressure to hurry and afford little time to get facts and prepare,” Figgins said. 

Factors other than the holiday weekend contribute to what eviction attorney Robert Goldman called a perfect storm for Thursday’s docket. 

Eviction cases are often filed after that month’s rent is late, resulting in more late-month hearings. 

Eviction hearings must take place at least five days after a summons is issued, but no more than 10 days after. That requirement can force a lot of cases onto a docket. Since Oklahoma County District Court holds eviction proceedings Mondays through Thursdays, with Fridays dark, a missed day on Monday means cases have to be crunched into the former week.

Attorney Richard Klinge said that because many people don’t show up for hearings and, oftentimes, agreements or settlements are made outside the courtroom, the remaining parties who wish to go before the judge will all have their chance. 

Klinge is the director of the Pro-Bono Housing Eviction Legal Assistance Program at the Oklahoma City University School of Law. “We have tremendous judges in Oklahoma County, and in six years, I have never been denied the right to a full hearing,” Klinge said. “Do I wish the dockets were not that big? Sure, but the Legislature’s got to address that.”. 

Statutory details like these can lead to massive overloads once or twice a year, said Legal Services Oklahoma attorney Justin Neal.

“I don’t think any of this is fair, but the law isn’t about being fair,” Neal said. “The law is about enforcing statutes.”

Neal said he doesn’t know how any person can be reasonably expected to look at all of the necessities of a proper eviction filing and confirm that everything is correct in such a short time. 

A similarly overloaded docket hit the courthouse about a year ago, Neal said. Legal Aid Services managed to help everyone who sought it, but it was still a crazy day.

Goldman said he has seen days like this, usually about once or twice a year. He’s been in Oklahoma courthouses since the mid-1970s. 

He said it would be like any other day, only faster-paced, and that Pipes will be able to accurately determine within the parameters of the law the facts of each case and return a judgment or other decision.

Goldman will bring a second lawyer or assistant to court on Thursday to help handle his caseload. 

On Thursday, Tulsa County District Court has only 91 cases on the docket, split into four time slots. May 28, the day after the holiday, has 139.

Kilinge and Warren both said extending the time limit for eviction hearings would help prevent overscheduled dockets.

“This will probably be the biggest docket of the year,” Figgins said. “If this does not sound fair it is because it is not fair.” 

This article originally appeared in Oklahoma Watch on May 24th, 2024.

  

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