ADVISORY JURY
A jury that makes recommendations to a judge but does not render final judgment.
Advisory juries are authorized by Rule 39(c)
of the Federal Rules of Civil Procedure (FRCP).
This provision states that in all actions where the
plaintiff does not have the right to a jury trial,
the court may authorize an advisory jury if a
party requests it or the judge concludes inde-
pendently that it is appropriate. The “verdict”
the advisory jury renders is not binding on the
judge. Advisory juries are typically used when
the federal government is the sole defendant in a
civil lawsuit and when the claims at issue are
particularly sensitive. In addition, OBSCENITY
trials sometimes employ an advisory jury to
determine whether the material in question is
obscene based on community standards.
Because the FRCP serves as the model for state
rules of procedure, most states also authorize
advisory juries.
The advisory jury originated in English
courts of EQUITY, in which the chancellor (the
name for an equity court judge) heard cases
without a jury but had discretion to appoint a
jury to advise him. In modern law a judge has
great discretion in determining how much
weight an advisory jury verdict will bear on a
final judgment. Some judges adopt advisory jury
findings unless they are clearly erroneous while
other judges consider the findings an additional
piece of evidence to be weighed in deciding the
case.
After the government siege of the Branch
Davidian compound in Waco, Texas, in 1993, an
advisory jury was used in a lawsuit against the
federal government filed by the survivors of the
fire that ended the siege, and relatives of those
who died in the fire. The survivors’ WRONGFUL
DEATH action asked for $675 million in dam-
ages. Under the FEDERAL TORT CLAIMS ACT the
survivors did not have a right to a jury trial but
the federal judge concluded that an advisory
jury was needed. In July 2000, the jury ruled in
favor of the federal government on all counts
and the judge endorsed these findings in a final judgment.
FURTHER READINGS
“Practice and Potential of the Advisory Jury.” 1987. Harvard
Law Review 100 (April).
Wisenberg, Solomon. 2000. “What the Waco Advisory Jury
Did Not Hear.” CNN.com: Law Center. Available online
at (accessed August 6, 2003).
