The steady erosion of the Jury Trial.

A Civil Justice System With No Trials

This article by David Beck was first published in the Texas Bar Journal‘s December 2013 issue. — Ed.

“The steady erosion of the American trial is our dirty little secret.”

A majority of the American public might be surprised to learn that there is indisputable statistical evidence that the number of jury and non-jury trials in our country is, and has been, sharply declining, both in absolute and relative terms.1 For example, in 2010, only 2,154 jury trials were commenced in federal district courts, which means, on average, Article III judges tried fewer than four civil jury trials that year. While jury trials in federal court obviously have declined, the decline in bench trials has been steadier and steeper.2 Even though the number of lawyers continues to increase, the number of trials is still decreasing3.