NAACP Secures Legal Victory, Clearing Path for Housing Advocate Program in South Carolina

FOR IMMEDIATE RELEASE

February 12, 2024

Contact: Alicia Mercedes,  amercedes@naacpnet.org  

SOUTH CAROLINA  — Last week, the South Carolina Supreme Court authorized the South Carolina State Conference of the National Association for the Advancement of Colored People ("South Carolina NAACP") to begin conducting a pilot Housing Advocate Program that will provide vitally needed advice about the law to tenants facing eviction. South Carolina has a twin eviction and access to justice crisis; according to a statewide study released early last year, there is a "dire need for legal help." The groundbreaking Housing Advocate Program will help to meet that need by training nonlawyers to provide carefully tailored, free legal assistance to tenants in South Carolina. 

The Supreme Court's order follows federal and state court litigation brought by the South Carolina NAACP and three of its members — Robynne Campbell, Marvin Neal, and De'Ontay Winchester — to secure the First Amendment rights of the South Carolina NAACP and its members to provide helpful and accurate advice about the law. The Institute for Constitutional Advocacy and Protection (ICAP), NAACP Office of General Counsel, and Wyche Law Firm have represented the Plaintiffs in these cases. 

"As I told our legal team: Hallelujah, amen," said Brenda Murphy, President of the South Carolina State Conference of the NAACP.  "The South Carolina NAACP has been desperately working to stem the tide of unnecessary evictions in South Carolina for years. But our state has too few lawyers, and too many tenants who are being evicted. This ruling will allow us to redouble our efforts to make sure tenants have the advice they need to respond to their evictions." 

"We are proud to have represented the South Carolina NAACP in this case and thrilled that the South Carolina Supreme Court has approved the Housing Advocate Program," said ICAP attorney William Powell. "This Program will offer essential legal assistance to tenants facing eviction in South Carolina. People who know their rights have a much better chance of keeping their homes."

The Supreme Court's ruling allows the South Carolina NAACP to run a three-year pilot program to demonstrate the efficacy of non-lawyer Housing Advocates who can assist tenants in requesting a hearing on their eviction action and raising certain eviction defenses at that hearing. Before the South Carolina NAACP's litigation efforts, South Carolina's broad prohibition on the unauthorized practice of law precluded the South Carolina NAACP or any other non-lawyers from providing this type of assistance.

"Now, when low-income tenants face eviction, there will be an army of well-trained NAACP advocates positioned within their communities to help these tenants without facing fear of prosecution," said Janette McCarthy-Wallace, NAACP General Counsel. "NAACP volunteers like Ms. Campbell, Mr. Neal, and Mr. Winchester can provide their communities the advice and support that tenants, and Black tenants in particular, so often currently lack."

"The Supreme Court's order will provide incalculable benefits to many of the neediest South Carolinians and to the state as a whole," said Wyche attorney Jimmy Cox.  "Wyche is honored to have assisted the South Carolina NAACP's efforts, and we are grateful to the Supreme Court for its responsiveness to our petition." 

The Supreme Court's ruling builds on the legacy of NAACP activism both inside and outside of the courtroom to ensure access to justice. In the wake of the Civil Rights Movement, cases involving the NAACP's efforts to desegregate the South established some of the First Amendment protections that were central to the underlying arguments in this case. And, in the fall of 2023, the South Carolina NAACP settled a groundbreaking First Amendment lawsuit over access to court eviction records that will help the South Carolina NAACP reach out to and advocate on behalf of tenants across the state. 

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About NAACP

The NAACP advocates, agitates, and litigates for the civil rights due to Black America. Our legacy is built on the foundation of grassroots activism by the biggest civil rights pioneers of the 20th century and is sustained by 21st century activists. From classrooms and courtrooms to city halls and Congress, our network of members across the country works to secure the social and political power that will end race-based discrimination. That work is rooted in racial equity, civic engagement, and supportive policies and institutions for all marginalized people. We are committed to a world without racism where Black people enjoy equitable opportunities in thriving communities.

NOTE: The Legal Defense Fund – also referred to as the NAACP-LDF - was founded in 1940 as a part of the NAACP, but now operates as a completely separate entity.

About ICAP

The Institute for Constitutional Advocacy and Protection (ICAP) at Georgetown University Law Center uses strategic legal advocacy to defend constitutional rights and values while working to restore people's confidence in the integrity of their governmental institutions. More information about ICAP can be found at www.law.georgetown.edu/icap/.