The Superior Court of Los Angeles County has launched a bench trial pilot program that will adjudicate a build-up of personal injury cases more quickly without a jury.
The fast track program became effective on May 3 after Presiding Judge Eric C. Taylor appointed Judge David J. Cowan as supervising judge of civil.
“He’s been working with the Special Committee on Civil Jury Trials I created to deal with some of the pandemic-related issues and getting our operations back up to speed the best that we can under all the COVID protocols,“ Judge Taylor told the Southern California Record
The civil division’s personal injury hub already had a backlog of some 60,000 cases before the coronavirus emerged last March and in the past year, the caseload has grown by 20%, according to Judge Cowan.
“The number of cases has grown during the pandemic because of our inability to have as many jury trials as we would like or any at all for much of the pandemic,” he told the Southern California Record. “Because of that large number of cases, it really wasn't going to be very likely that we could hold jury trials in all the cases.”
Litigants interested in waiving their right to a jury can sign up for the program electronically by submitting a form and can expect a hearing within 60 days, according to a press release.
“If people choose not to have a jury trial while we're not yet up to full speed, this is a quick way to have their case heard by one of our judges,” Judge Cowan said. “While we’re still not completely able to do as many jury trials as we'd like because of space limitations and social distancing requirements, the added value here is that these bench trials can be done remotely.”
The program, which is voluntary, temporary, and complementary, will adhere to Section 170.6 of the Code of Civil Procedure.
“We're doing it within our existing budget,” Judge Cowan added. “Parties now have an additional option if they wish to have quicker access to resolution but by no means are we trying to save money by having fewer jury trials. It's about providing more prompt, determinations by our judges if people choose.”
Although the pilot program is scheduled to end on Nov. 1, Judge Taylor said if it helps the court satisfy its mission of providing equal access to justice through fair, timely, and efficient resolution of cases, there could be some consideration of extending the fast track.
“As a court, we like to look at what works and see what people like, and if we have the resources and all those things come into play, then we're always looking at options,” he said.
Before launching the new program, the Special Committee on Civil Jury Trials consulted with bar groups such as the Consumer Attorneys Association of Los Angeles (CAALA), the Association of Southern California Defense Counsel (ASCDC), the LA Chapter of the American Board of Trial Advocates (ABOTA), and the Los Angeles County Bar Association (LACBA).
“They want to get back to work and they see this as just another pathway to doing that,” Judge Taylor said. “So, the response has been good. This program may not be for everyone but it is for some.”