James Abrams, the chief administrative judge for civil matters, Superior Court system. Courtesy photo

The COVID-19 pandemic has caused a backlog of Connecticut civil jury trials of at least six months.

And that delay could prompt attorneys to opt for bench trials, according to James Abrams, the chief administrative judge for civil matters in the Superior Court system.

Already the docket has grown.

Pending civil jury trials in the state as of June 25 stood at 11,175, a jump of nearly 1,000 cases from one year earlier.

The courts also saw a rise in litigants opting to plead their case to judges, rather than juries.

Pending civil bench trials as of June 25 reached 3,349, compared with 2,983 during the same period last year.

"The numbers of pending trials would most probably have been lower if it was not for COVID," Abrams said. "If we were doing jury trials since March, the numbers would have been more in line with what they were in 2019."

But Abrams is optimistic about getting back on track, especially if jury trials begin in November.

"We will be able to right the ship within six months," he said. "There would be a six-month backlog. That is a situation we will be able to manage."

A vocal proponent of bench trials, Abrams hopes the pandemic leads to more cases before judges, rather than juries. The exceptions, Abrams said, include cases such as medical malpractices lawsuits, which are better handled in a jury setting.

"Because of COVID, I am hopeful more attorneys will want to go the bench trial route," he said. "I'm hopeful COVID has taught people that it's quick and easier. … A jury trial takes longer to do. A bench trial in a relatively simple personal injury case could take a matter of hours, whereas it could take many days with a jury trial because you are picking a jury for a few days, then evidence usually takes a day and closing arguments take time and there is the charge to the jury."

Jury selection and a trial are, generally speaking, a minimum of four days, Abrams said.

Abrams, who said remote pretrials in civil cases in the state will begin soon, added, "Once we demonstrate that we can do remote hearings and trials, my hope is that we will get some cases currently scheduled for jury trial to be moved to court side."

While many attorneys say there are upsides to bench trials, they also note there are many downsides.

Jamie Sullivan, a longtime partner at Howard Kohn Sprague & FitzGerald, said he favors bench trials in the short term because "it will move business and will allow cases to be adjudicated."

But Sullivan said, "Few people realize how important this system of having a jury is to the American democracy. It not only allows the most powerless to render judgment on the most powerful, but it allows citizens from different backgrounds to engage in principled debate, and to lose that would be incredibly damaging for democracy."

Pullman & Comley member Monte Frank, also  co-chairman of the Connecticut Bar Association's COVID-19 Task Force, said, "Being in the courtroom is what we train for and what skilled lawyers value."

Frank notes bench trials do have positives, saying, "They will no question lower costs in some instances and will reduce the access-to-justice gap."

Related stories:

Will COVID-19 Give Plaintiffs an Advantage With Juries? Law Firms Are Trying to Find Out Before Trials Resume

Backlogs More Than Double Pre-Coronavirus Level in New Jersey Trial Courts