Massachusetts judges are very mindful (and occasionally a bit peevish) about “jury utilization.” The phrase refers to the use of jurors once they’re brought to the courthouse for jury duty.
Most courts designate about one week per month for jury trials. While many trials may be scheduled during “jury week”, most them do not actually take place. For instance, my last jury trial was scheduled on the same day as five others in the same courtroom. None of the six trials happened; all cases resolved themselves through pleas or dismissals instead. The jurors were sent home without hearing a single case. This is known as a “zero jury day.”
Most judges hate zero jury days. Failure to use the jury is reported to the trial courts supervisors and the courthouse’s jury-utilization score (which is tallied on a monthly basis) is reduced.
Here’s another example from my practice. A couple years ago I had a civil jury trial scheduled in a small western Mass courthouse. The jury was brought in and just prior to voir dire the opposing counsel threw a fit about one of the verdict slips I prepared. Because the opposing lawyer refused to proceed with the my verdict slip, we dismissed the jury and settled the matter through a bench jury. The judge wasn’t happy and he let us know it.
My point is this. If you have a case pending in district or superior court, be aware of the court’s sensitive to jury utilization. Don’t demand a jury trial unless you’re very likely to go through with it. And realize that if you fail to use the jury (for whatever reason) you might get an earful from the judge.