Deploy retired judges to winnow court backlogs instead of restricting jury trials
Source: https://www.theguardian.com/profile/alan-moses. "Why axe so many juries? My plan would solve the courts crisis without harming justice | Alan Moses | The Guardian." March 23, 2026. www.theguardian.com
The Gist
Instead of getting rid of jury trials to speed up courts, we should use retired judges to go through the huge backlog and throw out the weak cases. This would solve the crisis faster without harming our justice system.
Conclusion
The court crisis should be addressed by using retired judges to review and eliminate weak cases from the backlog, rather than restricting trial by jury
Premises
- The current backlog of 80,000 cases is a catastrophe that needs immediate action, not future reforms
- Judges have daily experience distinguishing between strong and weak cases through their winnowing skills
- A significant proportion of cases in the backlog are likely not worth pursuing (estimated one-third)
- Thirty retired judges could review 1,800 cases per week and dramatically reduce the backlog in six months
- Retired judges could work for free except expenses, making this a cost-effective solution
- The debate over jury trials versus judge trials is unresolvable and distracts from solving the immediate crisis
- Restricting jury trials creates inconsistencies in justice delivery between serious and lesser offenses
Assumptions
- Retired judges retain sufficient skill and judgment to effectively evaluate case merit
- A substantial portion of backlogged cases are indeed weak or unworthy of prosecution
- Retired judges would be willing to volunteer their time for this purpose
- The winnowing process can be completed quickly without compromising thoroughness
- Legal authorities would accept and act on retired judges' recommendations