By Howard Nations CAMP LEJEUNE : SEEKING JUSTICE THROUGH SCIENCE
NON-JURY TRIALS - ATSDR THE CHAOS OF NUMBERS
The Camp Lejeune Justice Act of 2022 , which was passed by the United States Congress and signed into law by President Joseph R . Biden on August 10 , 2022 , contains the following provision : “ Nothing in this subsection shall impair the right of any party to a trial by jury .”
Despite this clear expression of the intent of Congress and the President that our veteran clients are entitled to this fundamental privilege of American democracy , the Department of Justice filed a Motion to Strike the demand for jury trial from the Plaintiffs ’ Master Complaint .
It has always been one of the great ironies of American democracy that our military citizens who are willing to lay down their lives to protect the rights and freedoms of all other American citizens are denied this fundamental constitutional right to a trial by a jury of their peers .
In an opinion signed by all four District Judges , they agreed with the Department of Justice and denied the right to trial by jury for the plaintiffs in this case .
This left the plaintiffs ’ leadership with three options : 1 ) to accept the Court ’ s opinion and proceed in the litigation without juries ; 2 ) to seek appeal to the Fourth Circuit , subject to approval of the appeal by the District Judges , or 3 ) consider taking the legislation back to the scrivener in the House of Representatives , Congressman Matt Cartwright , to request a technical correction of the legislation .
The leadership chose to seek appeal to the Fourth Circuit Court of Appeals and filed a motion with the District Judges seeking permission to appeal the jury trial issue . That motion is pending .
Jury trials and non-jury trials each have their respective advantages and disadvantages . The Courts , the Plaintiffs , and the DOJ are each affected by the decision on proceeding with or without juries .