The Bench & Bar magazine is published to provide members of the KBA with information that will increase their knowledge of the law, improve the practice of law, and assist in improving the quality of legal services for the citizenry.
Issue link: https://kentuckybenchandbar.epubxp.com/i/517194
What has happened to trial by jury? The right to a trial by our peers goes back to the Magna Carta. When I started practice as a young lawyer it was not unusual for me to be engaged in three jury trials in one week. This could include a trial in circuit court, one in Frankfort Police Court and one in county court. Now I hear lawyers say they are lucky if they try one jury trial per year. What caused the decline in jury trials? In the criminal area the establishment of sentencing guidelines in federal criminal actions has contributed to citizens accused pleading to charges offered by the prosecutor rather than subjecting themselves to the possibility of lengthy sentences if convicted. Prior to the sentencing guidelines with draconian sentences, citizens accused were more inclined to take their chances with a jury. States, including Kentucky, have enacted criminal laws which have more severe penalties with less opportunity for parole. This has led to more guilty pleas in cases that formerly would go to trial by jury. The citizen accused often feels that he or she just can't take a chance of conviction and lengthy sentences when offered a lesser sentence by a plea of guilty. This happens in some cases where the citizen accused believes he or she is not guilty or believes the prosecution cannot prove the case. In civil cases there are several things that have contributed to the decline of jury trials. One, the cost of litigation has grown over the years. Excessive discovery has contributed to the cost. Two, courts are demanding mediation in most cases. Settlement is strongly recommended. Settlement is generally a good thing unless the client feels pressured to give up a right to a jury trial. Is this decline of jury trials a bad thing? It is if citizens accused of a crime are so afraid of the existing system that they will accept a plea to a lesser charge rather than going to trial when they believe they are not guilty. In the civil trial setting perhaps a rethinking of the discovery process will help bring down the costs of litigation an encourage more trials. The legal community must be vigilant in protecting the rights of the public to a trial by jury. 2 B&B; • 5.15 PRESIDENT'S PAGE By: William E. Johnson 1 st District W. Fletcher Schrock 2 nd District Thomas N. Kerrick 3 rd District Melinda G. Dalton 4 th District Bobby Simpson 5 th District Eileen M. O'Brien 6 th District Gary J. Sergent 7 th District John Vincent On June 30 of each year, terms expire for seven (7) of the fourteen (14) Bar Governors on the KBA Board of Gover- nors. SCR 3.080 provides that notice of the expiration of the terms of the Bar Governors shall be carried in the Bench & Bar. SCR 3.080 also provides that a Board member may serve three consecutive two-year terms. Re q uirements for being nominated to run for the Board of Gover- nors are contained in Section 4 of the KBA By-Laws and the requirements include filing a written petition signed by not less than twenty (20) KBA members in good standing who are residents of the candidate's Supreme Court District. Board policy provides that "No member of the Board of Governors or Inquiry Commis- sion, nor their respective firms, shall represent an attorney in a disciplinary matter." In addition any member of the Bar who is considering seeking or plans to seek election to the Board of Gover- nors or to a position as an Officer of the KBA will, if elected, be required to sign a limited waiver of confidentiality regarding any private discipline he or she may have received. Any such petition must be received by the KBA Executive Director at the Kentucky Bar Center in Frankfort prior to close of busi- ness on the last business day in October. THE CURRENT TERMS OF THE FOLLOWING BOARD MEMBERS WILL EXPIRE ON JUNE 30, 2016: TERMS EXPIRE ON THE KBA BOARD OF GOVERNORS Assistance Provided With Organization Formation Organizational Policies & Procedures Assessment of Operations Continuous Improvement Systems (Quality) Board Governance Issues Complex Tax Matters For-Profit Subsidiaries and Joint Ventures Merger, Consolidation or Dissolution of Nonprofits Conley Salyer, Attorney, J.D., LL.M.; Examiner, Malcolm Baldrige National Quality Award (MBNQA). csal y er@nonpr ofita ttor ne y .net , (859) 281-1171, 710 E. Main Street, Lexington, KY 40502. www .nonpr ofita ttor ne y .net This is an advertisement. Nonprofit Organization Law Can Be Complex My Practice Is Limited to Advising Nonprofits and The Professionals Working With Them P R E S I D E N T ' S M E S S A G E