Myth: Judges are fairer than juries. | Juries are fairer than judges.

Truth: Maybe. It depends on the facts of the case, the complexity of the law, the intellectual temperament of the judge, the current political climate, the mission of the base, the client’s goals — there is no one size fits all answer to the question of whether to have a judge or jury try the case. It’s true that many lawyers are timid about fighting a case in the courtroom and are especially nervous about having to try it in front of a jury. But it’s also true that many military trial attorneys are afraid to let a judge be the sole person to decide the case. An attorney needs to be able to do the case equally well regardless of whether it’s tried before a jury or judge, and the client should ask the attorney to fully discuss all of the angles before recommending a selection.