Skip to Content
  • Home
  • About the Bar
  • Mission
  • Forms
  • Sitemap
    • Member Directory
      Last Name:
      First Name:
      Bar Number:
      City:


    • Login
OSB Logo

Oregon State Bar Bulletin — MAY 2007
Parting Thoughts
Trial Courts without Trials?
By the Hon. Garr (Mike) King

Thomas Jefferson said: "I consider (trial by jury) as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution." Chief Justice William H. Rehnquist echoed this sentiment: "The founders of our nation considered the right of trial by jury in civil cases an important bulwark against tyranny and corruption. … (J)uries represent the layman’s common sense and thus keep the administration of law in accord with the wishes and feelings of the community."

There is no doubt the number of jury trials has been steadily declining. The reasons are many and have been addressed in many forums. But the jury trial remains the key to our judicial process. As an instrument of justice, and for the resolution of disputes, it is quite simply the centerpiece of our justice system.

The early, economical and fair resolution of disputes by settlement and by alternative dispute resolution processes are an important part of, and are made possible by, the trial process. Pretrial discovery identifies issues and facts that establish the validity or lack of validity of claims and defenses. Pretrial rulings resolve or lead to the resolution of many cases. A firm trial date promotes settlement. A litigator’s job is to obtain the desired result for the client. As a negotiator, a lawyer will be much more successful if the other side knows that the litigator is willing and able to take a case to trial.

Trials and verdicts furnish the ultimate measure by which we judge the value of a claim. The history of verdicts provides a basis for mediators, lawyers and litigants to set a realistic goal for the case. Trials provide a public forum to define acceptable behavior, teaching that even government can be wrong, that major corporations can make mistakes, and that individuals can find justice.

Jury trials allow our citizens to participate in the judicial process. Public perceptions of access to justice and fairness are framed by the courtroom. Trials provide the basis for appellate decisions and thus the development of the common law.

While every reasonable effort should be made to resolve disputes early and economically, that is not always possible. Take for example the 2004 case of United States vs. Sami Al-Hussayen, in Boise, Idaho. Defendant was a graduate student at the University of Idaho accused of terrorism. After a trial of three months he was acquitted on the terrorism charges. There was no way to resolve that case. The government insisted that the defendant admit to terrorism and serve a long prison term. A trial conducted by an experienced trial lawyer was the only alternative for the defendant.

There are many cases that cannot and should not be settled. Claims are made and defended in good faith where the parties’ positions are so far apart the best alternative is a trial. Judges should not embrace a philosophy that actively discourages resolution by trial. Trial judges should not forget that they were elected or appointed to be trial judges. Lawyers who are advocating their clients’ position in good faith should never be made to feel guilty when they and their clients believe that trial is the best choice in any particular case. A right to trial is guaranteed by the Constitution.

There is no question litigation is too costly. In many cases it is an unpleasant experience for parties. It is the responsibility of judges and lawyers to engage in creative thinking to improve the trial process and preserve the jury trial through self-imposed restraints on discovery, improved presentation methods and continued emphasis on professionalism and civility. In Oregon, we are blessed with an outstanding trial bar, dedicated to the professional representation of their clients. They are proud to be trial lawyers. They are committed to mentor and train trial lawyers. We need only attend one of the numerous trial competitions around the country to recognize the enthusiasm and hard work displayed by young law students in their goal to become "trial lawyers."

Trial lawyers are problem solvers. We need a large pool of experienced trial lawyers to assist litigants through the trial process and in court when differences cannot be resolved. We will only have that pool if we reverse the trend of the vanishing trial. This is and will continue to be a goal of trial lawyers and trial judges across the country.

ABOUT THE AUTHOR
Judge King is a United States District Court judge. He was a trial lawyer from 1963 until his appointment in 1998. His comments are in response to the Parting Thoughts of Judge Kristena LaMar in the January 2007 OSB Bulletin, "Are Trials Passe?"

© 2007 Hon. Garr (Mike) King


— return to top
— return to Table of Contents

  • For The Public

      Public Legal Information

    • Public Information Home
    • Legal Information Topics
    • Oregon Juror Guide
    • Submit Ethics Complaint

    • Getting Legal Help

    • Finding The Right Lawyer
    • Hiring A Lawyer
    • Lawyers Fees

    • Client Services

    • Client Assistance Office
    • Client Security Fund
    • Fee Dispute Resolution
    • Public Records Request
    • Locating Attorney Files

    • Unlawful Practice of Law

    • UPL Information
    • UPL FAQ

    • Volunteer Opportunities

    • Public Member Application
  • For Members

    OSB Login

    • Log In To OSB Site
    • Member Account Setup
    • Non-Member Account Setup
    • Reset Password

    OSB Resources

    • Attorney's Marketplace
    • Career Center
    • Events
    • Forms Library
    • Online Resources
    • OSB Group Listings
    • Performance Standards
    • Rules Regulations and Policies
    • Surveys and Research Reports
    • Unclaimed Client Funds
    • Voting Regions and By-City
      County Information

    Fastcase™

    • Log in to Fastcase
    • Overview
    • Scheduled Webinars
    • Inactive Member Subscriptions

    Legal Ethics

    • Legal Ethics Home
    • Find an Ethics Opinion
    • Bulletin Bar Counsel Archive

    Company Administrator

    • Company Administrator Home
    • Company Administrator FAQ
    • Authorization Form

    State Lawyers
    Assistance Committee

    • SLAC Info

    Volunteering

    • Volunteer Opportunities

    Court Information

    • Judicial Vacancies
    • Court Info | Calendars | Jury Info
    • Oregon Attorneys
      in Federal Court
    • Tribal Courts of Oregon

    OSB Publications

    • Bar Bulletin Magazine
    • – Bulletin Archive
    • – Legal Writer Archive
    • Capitol Insider
    • Disciplinary Board Reporter

    PLF Programs

    • (OAAP) Oregon Attorney
      Assistance Program
    • Practice Management Attorneys
    • Malpractice Coverage
  • CLE/Legal Publications

    CLE Seminars

    • CLE Seminars Home
    • Online Seminar Registration
    • General Info/FAQ

    My Account

    • My Content
    • My Events
    • Order History

    Legal Publications

    • Legal Publications Home
    • Log in to BarBooks®
    • BarBooks® FAQ
    • Online Bookstore
    • Legal Pubs Blog
  • Bar Programs

    Diversity & Inclusion

    • Diversity & Inclusion Home
    • Diversity Story Wall
    • D&I Programs
    • ACDI Roster
    • D&I Staff Contacts
    • D&I Links

    Legislative/Public Affairs

    • Legislative Home
    • Committee Contacts
    • Legislative Sessions
    • Staff Contacts
    • Useful Links

    Legal Services Program

    • LSP Home

    Oregon Law Foundation

    • OLF Home
    • Partners in Justice

    Fee Dispute Resolution

    • Fee Dispute Resolution Home

    Pro Bono

    • Pro Bono Home
    • Pro Bono Reporting
    • Volunteer Opportunities

    Lawyer Referral and Information Services

    • RIS Login
    • Summary of Referral and Information Services Programs
    • Lawyer Referral Service Info and Registration Forms
    • Modest Means Program Registration Forms
    • Military Assistance Panel Training Info and Registration Form
    • Problem Solvers Registration Form
    • Lawyer To Lawyer Registration Form

    (LRAP) Loan Repayment Assistance Program

    • LRAP Home
    • LRAP FAQ
    • LRAP Policies
  • Member Groups

    Sections

    • Section Info/Websites
    • Joining Sections
    • CLE Registration Services
    • Standard Section Bylaws (PDF)
    • Leadership Resources
    • Treasurers Tools

    Committees

    • Home
    • Leadership Resources
    • Professionalism Commission
    • Volunteer Opportunities

    House of Delegates

    • HOD Home
    • HOD Resources
    • Meetings
    • Rules (PDF)
    • Roster (PDF)
    • Staff Contacts

    Board of Governors

    • BOG Home
    • Meetings & Agendas
    • Members
    • Liaisons
    • Committees
    • Resources
    • Task Forces

    Oregon New Lawyers Division

    • ONLD Home
    • Law Students
    • Student Loan Repayment
    • Committees
    • Upcoming Events

    Task Forces and Special Committees

    • Task Forces Home

    Volunteer Bars

    • List/Contacts
    • Leadership Resources

    Volunteering

    • Volunteer Opportunities
  • Licensing/Compliance

    Admissions

    • Admissions Home
    • Alternative Admittance
    • Applicants for Admission
    • Admissions Forms
    • Past Bar Exam Results

    Supervised Practice Portfolio Examination

    • SPPE Home

    Licensed Paralegal Program

    • LP Home

    Lawyer Discipline

    • Discipline Home
    • Disciplinary Board Reporter
    • Disciplinary Boards
    • Client Assistance Office
    • (SPRB) State Professional Responsibility Board

    Membership Records

    • Address Changes
    • Good Standing Certificate
    • Request Discipline File Review

    MCLE

    • MCLE Home
    • Program Database
    • Forms
    • Rules (PDF)

    IOLTA Reporting

    • IOLTA Home
    • IOLTA FAQ

    Licensing Fees

    • Licensing Fee FAQ
    • Licensing Fee Payment

    Status Changes

    • Status Changes FAQ
    • Inactive Status Form
    • Retired Status Form
    • Active Pro Bono Status Form
    • Reinstatement Forms
    • Resignation Form A
    • Pending Reinstatements

    Unlawful Practice of Law

    • UPL Information
    • UPL FAQ

    Pro Hac Vice/Arbitration

    • Pro Hac Vice
    • Arbitration

    New Lawyer Mentoring Program

    • New Lawyer Mentoring Program Home

    Professional Liability Fund

    • Professional Liability
      Fund Website
For The Public

Public Information Home
Legal Information Topics
Oregon Juror Guide
Finding The Right Lawyer
Hiring A Lawyer
Lawyers Fees
Client Assistance Office
Public Records Request
Unlawful Practice of Law
Fee Dispute Resolution
Client Security Fund
Volunteer Opportunities
for the Public

For Members

BarBooks®
Bulletin Archive
Career Center
Fastcase™
Judicial Vacancies
Legal Ethics Opinions
OSB Group Listings
OSB Login
OSB Rules & Regs
SLAC Info
Surveys and Reports
Volunteer Opportunities

CLE/Legal Pubs

CLE Seminars Home
Legal Publications Home

Bar Programs

Diversity & Inclusion
Fee Arbitration/Mediation
Legal Services Program
Legislative/Public Affairs
Loan Repayment
Assistance Program

Oregon Law Foundation
Pro Bono

Member Groups

Board of Governors
Committees
House of Delegates
Volunteer Bars
Oregon New
Lawyers Division

OSB Sections
Professionalism
Commission

Volunteer Opportunities

About The Bar

About the Bar
ADA Notice
Contact Info
Copyright Notice
Directions to the Bar
Meeting Room Rentals
Mission Statement
OSB Job Opportunities
Privacy Policy
Staff Directory
Terms of Use

Licensing/Compliance

Admissions
Client Assistance Office
Client Security Fund
IOLTA Reporting
Lawyer Discipline
MCLE
Member Fee FAQ
New Lawyer
Mentoring Program

Professional Liability Fund
Status Changes

Oregon State Bar Center

Phone: (503) 620-0222
Toll-free in Oregon: (800) 452-8260
Facsimile: (503) 684-1366

Building Location:
16037 SW Upper Boones Ferry Road
Tigard, OR 97224

Mailing Address:
PO Box 231935
Tigard, OR 97281

Oregon State Bar location Map

Copyright ©1997 Oregon State Bar  ®All rights reserved | ADA Notice | Mission Statement | Privacy Policy | Terms of Use