by Joe Wilhelm Jr.
Staff Writer
Responsible people apply within.
That’s what Florida Supreme Court Justice Fred Lewis was asking for Tuesday evening after speaking to the Jacksonville Justice Association (JJA) on the topic of “The Vanishing Trial” at the association’s quarterly meeting.
The JJA is an association of civil justice attorneys formed in 1996 and it hosted Lewis as part of its continuing legal education seminars. Lewis was appointed by late Gov. Lawton Chiles Dec. 7, 1998. Prior to the appointment, Lewis had a private practice in Miami where he specialized in civil trial and appellate litigation before the appointment.
“I’ve learned that there are two types of people in this world,” said Lewis. “There are those who are responsible and those who are not responsible. I ask you to be responsible and encourage those that are not responsible to change. It’s only through a combined effort that we can support doing the right thing.”
The preservation of the jury trial system is the right thing in Lewis’ eyes, but statistics show it is a tool used less and less in today’s courtroom. Jury and bench trials are decreasing on dockets for state and federal courts. Civil dispositions increased by 168 percent in a study of 21 states from 1976-2002 by the National Center for State Courts. Civil bench trials decreased from about 15 percent to about 6 percent and jury trials slid from about 3 percent to about 1 percent during the same time period in state courts.
Mediation and arbitration were looked at as causes for the decline of cases heard in the courtroom.
“Arbitration was a pendulum when it first came out,” said Lewis. “The pendulum swung up at first and everybody was for arbitration. Then people started winning cases and the pendulum swung back down.”
Mediation and arbitration are options that allow people to settle their differences out of court, but the frequency that these tools are used has Lewis concerned that people aren’t utilizing their right to due process.
“The courtroom is where the little person is on the same level as the big person,” said Lewis, “but according to these numbers the little person isn’t getting the chance.”
One area Lewis wasn’t concerned about was the future of the Florida Supreme Court. The former Chief Justice of the Florida Supreme Court passed the gavel to new Chief Justice Peggy Quince June 27. Justices Lewis, Quince and Barbara Pariente will be joined by four new judges over the next year with two judges resigning and two others retiring.
“Any time you have a large group there needs to be time for the chemistry to build,” said Lewis. “It’s better to build that chemistry over a short period of time with a larger group rather than adding one person at a time. I look forward to working alongside whoever is appointed.”
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