Children's Civil Litigation Fund

 

My name is Shannon Lee Gilmour. I’m an artist, a writer, a low-income Vermonter, a sister, an aunt, a human being, a single Mom who works as a house cleaner to support my youngest child who was born in Montpelier and has been a student in the Montpelier public schools their whole life. 

 

I’m facing a difficult situation, and I’ve decided to go public, because the issue my child and I are facing is bigger than the two of us in our little family. 

 

My minor child, age 13, has been named on an eviction notice from my landlord. 

Naming children on evictions is something that has been recently termed weaponized eviction, and it can affect a child’s credit, employment, and the ability to rent for their entire life.  It's also very stressful and can affect the child's health, education, and well-being.

I’ve been fighting the eviction, representing myself and my child as a pro se litigant, in civil litigation. The case is available for anyone to read on the Vermont Judiciary Public Portal. This case fits the definition of presumed retaliatory eviction under Vermont Law, The Rental Rights Agreement Act. The most important thing about this case is eviction papers were served by the landlord's attorneys upon my 13 year-old child, who is not a tenant, and not obligated in anyway financially to the landlord. 
 
I’ve chosen a jury trial, raised counterclaims for myself and on behalf of my child, and I believe the Vermont citizens, in the form of a jury, should be able to look at the facts and determine, most importantly in this case, who is responsible when a child is named in a summons and complaint in a weaponized eviction.

As a pro se litigant, on behalf of my child, I’ve reached a roadblock. Judge Tomasi of the Washington County Civil Court ordered on January 8th, 2025 that I, as the parent, cannot represent my child in court. I have been ordered (within a very tight deadline of 30 days) to secure a licensed attorney for my minor child or potentially have my child's case dismissed. I have been in touch with the Vermont Bar Association, Legal Aid, and the ACLU asking for help, and yet, I have not received any offer of a pro bono lawyer who can represent my child. Unlike criminal court, in civil cases, a litigant, even if they are a child, is not appointed a public attorney by the court if the litigant cannot obtain one themselves.

Low-income Vermonters are more affected by eviction than wealthy Vermonters and in weaponized eviction against children, there is a Catch22, a loophole, that landlords and their lawyers can utilize to harass tenants with children. Basically, the low-income tenant who is representing their children in a civil court eviction case is eventually told by the judge, “retain a lawyer for your child and do it fast or your child’s counterclaims are dismissed.” I have been given a very short window of time to secure legal representation for my child, or my child’s case will likely get dismissed, and a Vermont jury will not get a chance to rule regarding weaponized eviction against minors.

Would you please help me and my child to insure that a Vermont jury gets a chance to rule on the issue of weaponized eviction?

I know Vermonters care about the well-being of children in our state. I trust that many Vermonters care enough to want to help. It’s who we are.

This is not just about me and my kid; it’s about you, too. What happens to one Vermonter, happens to all Vermonters. We are all citizens in this beautiful state with the motto of Freedom and Unity. We live in a slice of paradise, but we must care and uphold what makes Vermont wonderful. Vermont is one of the safest places for kids to grow up, but if we do not uphold that core value, it will no longer be so. I believe that the people of Vermont love all our beloved children and believe in our collective humanitarian responsibility to secure children’s safety and their opportunity for future prosperity. It is in everyone’s best interest that the basic needs and civil rights of children are supported. Do you believe this, too?

I believe, when a child has a claim within civil court, the child must have representation. The child cannot represent themselves. If the civil court rules that the parent cannot represent the child, the child’s civil case should not be dismissed due to lack of financial capacity in the parent to obtain a lawyer. Although current practice in civil court allows dismissal, and the Supreme Court has not ruled on the constitutionality of that, yet, I believe it’s a violation of the right to due process under law to silence the voice of children by dismissing their civil case because they are poor. Do you believe this, too?

We are Vermont, all the people here, and we have enacted law supporting the rights of all people. Vermont, on important issues, shows the rest of the country how it’s done, whether it’s outlawing slavery in Vermont’s original constitution, or standing for love in the right to marry, Vermont leads the way.
I believe that the citizens of Vermont within a jury have the right to hear cases about claims in civil court about violations of torte law, like retaliatory eviction and weaponized eviction of children. Vermont might just help lead the way here, too, and show the rest of the country how to get things done.
Do you believe that Vermont citizens within a jury should be able to hear and make a ruling regarding weaponized eviction against a child?

If you agree with any of the above, would you please help us now?

I know this issue is bigger than me and my kiddo. I know weaponized eviction is happening to other kids around the country and in Vermont. I believe in Vermonters, and I trust that Vermonters love kids enough to together support this effort, because I know we care about the safety, security, and future prosperity of kids. I trust there will be many people as outraged as I am to learn weaponized eviction is happening to kids, and that civil cases get dismissed for lack of financial capacity to obtain a licensed attorney. Who knows, perhaps a pro bono lawyer will step forward, and I won’t need the funds raised? But, I can hope, but I don’t have time, I just cannot wait. So in light of this, I am not just setting up a fund for my family alone; in light of the present need and with my heart in service to others, believing this call out for help might raise more resources than I need, I’m setting up the Children’s Civil Litigation Fund.

All money collected will be used to help support civil litigation on behalf of not just my child, but any additional funds raised will begin the Children's Civil Litigation Fund, devoted to helping families of low income, whose children face similar mandates by judges in civil litigation.

My honest hope is that someday that this fund will be shut down with celebration when the United States Supreme Court upholds the right to due process by ruling that in children’s civil cases, when the case is shown to have merit, it is the responsibility of the court to offer to appoint a publicly-funded lawyer if the child’s parents are unable to obtain one. Until then, out of our love of our children, we will contribute our combined energy toward a unified movement so children’s voices can be heard and not dismissed in civil court.

I have to get through this civil case, but when this case is finalized, I’m ready to move forward to establish the groundwork to protect other kids facing the judicial mandate that they must get a lawyer or their civil case is dismissed. I’m seeking volunteers who care about this issue to serve.

I will begin by forming a board and developing criteria for case acceptance, so we may review civil cases submitted and allocate funds. We need a website developer, fundraisers, social media experts, and outreach coordinators. If you are interested in volunteering to serve, please indicate your area of interest and include contact information in an email to [email protected]

Share. Please post on your local Front Porch Forum. Send emails and messages to your contact list. Please tell every Vermonter: every parent, every grandparent, every aunt, every uncle you know about the negative effects of weaponized evictions against minors and the justice gap between rich and poor in America. Stand for freedom and unity, so the most vulnerable Vermonters can have a voice.
 
Please donate now. 

I’ve chosen Open Collective to collect donations, because the platform is 100% transparent.
 
Open Collective embodies the golden rule through a shared understanding knowing in new relationships between good-hearted people, it’s normal to be a little sus, and only natural that everyone who is willing to hold out a hand will “Trust, but Verify.” 

Open Collective allows everyone to see every penny coming in, every penny going out, and see exactly how the donations are used.
 
I will earn your trust and keep it. I’m dedicated to be of service to love and protect children. My first act of dedication in service to others is choosing Open Collective.
 
Please donate. 

No donation is too small. 

Together, through combined little acts of love, we make positive change happen. 

Thank you so much, 
Shannon Gilmour