As it was explained to me, a large number of cases are settled, one way or another, shortly before the trial is set to begin. Each side is playing chicken with the other, knowing full well that one side definitely doesn't want a jury trial. Finally, at the last minute, that side blinks, settles out of court, and the jury never has to appear. They were just being held in reserve, to call one side's bluff.
This is essentially how Thursday went for me at JP Court.
There were about 35 jurors-to-be. The site was the the smallest courthouse building I have ever seen. The tiny lobby had only about 20 seats, so several of us stood up or sat on the stairs leading to a second floor. Available personal space was roughly equivalent to a bus ride.
While we waited in the lobby, the court was running through the docket for the day. Folks were tip-toeing their way through the crowd to reach the courtroom door. Most came back into the lobby with their wallets ready and looking forlorn, picking their way through the crowd to the clerk's window.
After 90 minutes of waiting we were called into the courtroom. There were only enough seats in the courtroom after the judge waved the last few jurors up past the bar to sit in the jury box and at the (empty) defense table.
The judge told us we were not going to be needed. He, a young prosecutor and a defense attorney working the last case of the morning each thanked us for showing up. The prosecutor's speech sounded very much like braumeister's post.
One interesting thing the defense lawyer said: at the start of the day in this low level court, the court and the prosecution have essentially no factual information on the cases to be heard. In higher level misdemeanor cases a prosecutor has accepted the charges filed by the police. For a felony case, the charges will have been true-billed by a grand jury. But for a traffic ticket or Class C misdemeanor, only the officer and the defendant know anything about the case. Whether a jury trial might be requested is only known after the case is called and the defendant approaches the bench to speak to the judge.
Some days may have 4 or more jury trials. Other days - like yesterday - have none.
The judge said we must have been an intimidating group, sitting elbow-to-elbow out in that tiny lobby.