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NEWS JULY 6, 2020 ¦ 7

COVID Backlog Could Prompt Move
To Bench Trials Over Juries

By Robert Storace

The COVID-19 pandemic has days with a jury trial because you are
caused a backlog of Connecti- picking a jury for a few days, then evi-
cut civil jury trials of at least six dence usually takes a day and closing
months. arguments take time and there is the
And that delay could prompt attor- charge to the jury.”
neys to opt for bench trials, according Jury selection and a trial are, gener-
to James Abrams, the chief admin- ally speaking, a minimum of four days,
istrative judge for civil matters in the Abrams said.
Superior Court system. Abrams, who said remote pretri-
Already the docket has grown. als in civil cases in the state will begin
Pending civil jury trials in the state James Abrams, soon, added, “Once we demonstrate
as of June 25 stood at 11,175, a jump of the chief administrative that we can do remote hearings and
nearly 1,000 cases from one year earlier. judge for civil matters, trials, my hope is that we will get some
Superior Court system. cases currently scheduled for jury trial
The courts also saw a rise in litigants to be moved to court side.”
opting to plead their case to judges, Courtesy photo

rather than juries. While many attorneys say there are upsides to
Pending civil bench trials as of June 25 reached bench trials, they also note there are many downsides.
3,349, compared with 2,983 during the same period Jamie Sullivan, a longtime partner at Howard
last year. Kohn Sprague & FitzGerald, said he favors bench
“The numbers of pending trials would most trials in the short term because “it will move busi-
probably have been lower if it was not for COVID,” ness and will allow cases to be adjudicated.”
Abrams said. “If we were doing jury trials since But Sullivan said, “Few people realize how impor-
March, the numbers would have been more in line tant this system of having a jury is to the American
with what they were in 2019.” democracy. It not only allows the most powerless to
But Abrams is optimistic about getting back on render judgment on the most powerful, but it allows
track, especially if jury trials begin in November. citizens from different backgrounds to engage in
“We will be able to right the ship within six principled debate, and to lose that would be incred-
months,” he said. “There would be a six-month back- ibly damaging for democracy.”
log. That is a situation we will be able to manage.” Pullman & Comley member Monte Frank, also
A vocal proponent of bench trials, Abrams hopes co-chairman of the Connecticut Bar Association’s
the pandemic leads to more cases before judges, COVID-19 Task Force, said, “Being in the courtroom
rather than juries. The exceptions, Abrams said, in- is what we train for and what skilled lawyers value.”
clude cases such as medical malpractices lawsuits, Frank notes bench trials do have positives, saying,
which are better handled in a jury setting. “They will no question lower costs in some instances
“Because of COVID, I am hopeful more attorneys and will reduce the access-to-justice gap.”
¦

will want to go the bench trial route,” he said. “I’m
hopeful COVID has taught people that it’s quick and Robert Storace covers legal trends, lawsuits and
easier. … A jury trial takes longer to do. A bench analysis for the Connecticut Law Tribune. Follow
trial in a relatively simple personal injury case could him on Twitter @RobertSCTLaw or reach him at
take a matter of hours, whereas it could take many 203-437-5950.

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