I recently read an article in a publication by my state bar entitled “The Civil Jury Trial: Going . . . Going . . . Gone?” As a lawyer that enjoys trying cases I found the statistics regarding the reduction of the number of civil cases that are going to trial in my state as compared to 10 years ago very disturbing. The article points out there is no single reason for the reduction in the number of civil jury trials but discusses there are a number of reasons for the decline. The article further points out the legitimate concern that over time the reduction in the number of jury trials might lead to fewer lawyers and judges who know how to try and judge cases.
The right to a jury trial is a right guaranteed by the Constitution of the United States and many state constitutions. I found the following quote from The Honorable Mark W. Bennett most insightful: “Inexperience breeds fear, and thus, the fear of going to trial puts added pressure on the downward spiral of fewer trials.” While it is true that risk associated with the unknown is a cause for anxiety and what some might call fear, should cases be settled based on the fear of what a jury might do or should cases be tried based on a reasoned weighing of the risks involved? I believe many cases are settled out of fear of what a jury might do, instead of being presented to a jury to determine what is - more times than not - a just result.