Asociación Argentina de Juicio por Jurados: CIVIL JURY IN ARGENTINA: ABOTA AND AAJJ DEBATED IN BUENOS AIRES

domingo, 12 de octubre de 2025

CIVIL JURY IN ARGENTINA: ABOTA AND AAJJ DEBATED IN BUENOS AIRES

Marcela Ruiz (FAM), Jennifer Haltom Doan (ABOTA),
Ricardo Gil Lavedra (CPACF) and Silvina Manes (AAJJ)

This week, the Buenos Aires Bar Association (CPACF) hosted an international meeting organized jointly with ABOTA (USA) and the AAJJ (Argentine Association of Trial by Jury), which brought together more than one hundred Argentine and American lawyers and scholars to discuss jury trials in civil matters.

The civil jury is stipulated in the Constitution. Slowly but firmly, and due to the great success and expansion of criminal jury trials, the civil jury is gaining strength in Argentina with the Chaco law (see) (Chaco´s jury bill) and the striking inclusion of the classic criminal and civil jury in the Constitution of Santa Fe (see).

The event was a resounding success in terms of attendance and, above all, the institutional presence of several of Argentina's most prominent figures in the justice system.

Without a doubt, this conference, which deeply impressed our American colleagues with the development of the Argentine jury, is the starting point for a powerful partnership to consolidate civil jury trials in the country.

Speakers included Supreme Court Justice Carlos Rosenkratz, Minister and Secretary of Justice Mariano Cúneo Libarona and Sebastián Amerio, and Justice Ángela Ledesma from the Federal Court of Appeals, among others.

Justice Carlos Rosenkratz

Secretary of Justice
Sebastián Amerio

The event between ABOTA and AAJJ took place in the auditorium of the Buenos Aires Bar Association, located at 1441 Corrientes Avenue, and brought together around two hundred local lawyers and 53 licensed attorneys from different states in the United States.

It was the first binational activity focused exclusively on the experience of the U.S. civil jury and its comparison with the Argentine system.

ABOTA is the representative body of 70,000 experienced trial lawyers and judges in the United States. Since its inception in 1958, ABOTA’s primary mission has been the preservation and promotion of the right to a civil jury trial guaranteed by the 7th Amendment to the U.S. Constitution. It has worked tirelessly to uphold the jury system and to elevate the standards of professionalism, integrity and civility in the legal profession.

Ricardo Gil Lavedra, Jennifer Haltom Doan and Silvina Manes

At the opening ceremony, the president of the BA Bar Association, Ricardo Gil Lavedra , emphasized the democratic relevance of trial by jury. "Justice is administered in the name of the people, and citizen participation in justice gives it enormous democratic legitimacy ," he said.

He added: “This is particularly important at a time when public confidence in professional justice has fallen significantly".

The former national representative, also an honorary PhD from the University of Buenos Aires, recalled that "our Constitution requires trial by jury on three occasions: in Sections 24, 75, paragraph 12, and 118. Only the latter refers to criminal justice. In Section 24, it refers to 'all branches of law,' which includes civil trials ". In contrast, he noted that "the United States, in the Seventh Amendment, expressly establishes that federal civil trials may be held by juries".

A jury trial, strictly speaking, involves a group of citizens chosen at random who hear the evidence presented during the trial and decide on the facts of the case. Their role is distinct from that of a judge, who is limited to preside over the jury and instruct them on the law to help them reach a verdict. Trial by jury is considered an instrument of citizen participation in the administration of justice, aims to strengthen the legitimacy of judicial decisions and bring the functioning of the judiciary closer to society.

Within this framework, the exchange in Buenos Aires focused on analyzing the functioning of the civil and criminal jury system, the methods of citizen participation during judicial proceedings, and the advantages and challenges of its implementation. The speakers discussed the institutional structure necessary for its implementation, jury selection, and guarantees of impartiality in trials.

The event was co-organized by Texas attorney Jennifer Haltom Doan, president of ABOTA, and Silvina Manes, president of the Argentine Jury Trial Association (AAJJ). Both emphasized the importance of cooperation between institutions to promote transparency and strengthen civic trust in the justice system.

The speakers also included various judges, officials, lawyers and scholars from both countries. Marcela Ruiz represented the Argentine Federation of the Judiciary (FAM), and the state supreme court justices of Santa Fe, Daniel Erbetta; Mendoza, José Valerio; and Chaco, Víctor del Río, shared local experiences in implementing the mechanism in criminal juries and reflected on the challenges that extending it to the private law jurisdiction would entail.

Minister of Justice, Mariano Cúneo Libarona

The event also featured the presence of Supreme Court Justice Carlos Rosenkrantz, who closed the first day with a presentation on the constitutional principles of citizen participation in the administration of justice.

From the Executive Branch, the Secretary of Justice, Sebastián Amerio, and the Minister of Justice, Mariano Cúneo Libarona, participated, and spoke of the firm commitment to establishing jury trials throughout the country.

Among the international guests was former U.S. ambassador to Argentina and former judge of the Federal 5th Circuit Court of Appeals, Edward Prado, who recounted his experience with the civil jury system in U.S. federal courts and evaluated the mechanisms that guarantee the neutrality of the citizens selected to serve on the panels.

Marín Casares, Caroline Baker & Mitzi Mayfield

The meeting was coordinated by the Secretary General of the BA Bar Association, Martín Casares, who, in thanking the various attendees for their participation, emphasized the importance of dialogue between the two countries in judicial matters.

The meeting concluded with a commitment to deepen technical and academic exchanges on citizen participation in judicial processes, as well as to promote legislative debate on the procedure addressed.

Comparative table: systems and challenges

The initial roundtable offered a comparative analysis of the Argentine and American judicial systems, focusing on judicial selection, the evolution of the role of the judge, and the role of the procedural investigator. Speakers included Hon. Anna Blackburn-Rigsby (Chief Judge, District of Columbia Court of Appeals, ABOTA), Claudia Wilson Frost (Houston Chapter, ABOTA), Daniel Carral (Judge of BA Court of Appeals), and Dr. Martín Casares (Secretary General of CPACF); moderated by Esther Brutto.

Del Río, Gustavo Calvinho (Univ. Austral),
Kurt Alexander & Daniel Hoades (ABOTA

Who decides?: interaction between judge and jury

The panel "Who Decides?" analyzed the boundaries between the powers of the judge and the jury, and the practical consequences of reserving certain powers for the judge. The panelists included Daniel M. Hodes and Kurt E. Alexander (national representatives of ABOTA), Gustavo Calvinho (PhD in Law and Master's in Procedural Law), and Víctor del Río (Justice of the State Supreme Court of Justice of Chaco); the moderator was Elvio Garzón.

Expert witnesses: rules and demonstrations

The expert witness session discussed techniques for strengthening expert credibility and featured a demonstration of direct and cross-examination. Participants included G. Clay Morris (International Issues Committee, Central Florida Chapter, ABOTA), J. Charles Ingram (Central Florida Chapter President, ABOTA), Carlos E. Cardenas (El Paso Chapter, ABOTA), and Fernando Zvilling (Neuquén Regional Delegate, AAJJ); Justina Granillo Fernández moderated the session.

Fireside chat and keynote on trial strategies

Prior to the jury selection simulation, a fireside chat hosted by Charles L. Henke (ABOTA) and featuring keynote speaker Richard Gabriel (Decision Analysis, Inc.) addressed topics such as trial communication, persuasion, and strategy in high-profile cases. These discussions provided a theoretical framework and practices applicable to complex litigation.

Kurt Alexander

Jury selection in action

The practical voir dire demonstration showcased techniques from the Texas model for jury selection, taught in Spanish by American experts and guest panelists. Speakers included Luis Cardenas (Co-Chair, International Issues Committee, Rio Grande Valley Chapter, ABOTA), Javier Espinoza (President-Elect, Texas Chapters, ABOTA), and Mariano García (Palm Beach Chapter, ABOTA). The session included a technical Q&A session for attendees.

Government perspective on implementation

The session, dedicated to the challenges of implementation from the government's perspective, featured Sebastián Amerio (National Secretary of Justice), with a presentation by Mariana Maldonado. The session examined the public policies and institutional coordination necessary to adopt jury trials in local practice with guarantees.

The Mendoza experience

In the "Local Experiences" section, state judges presented their perspectives on the implementation challenges. In this context, José Virgilio Valerio (Justice of the State Supreme Court of Mendoza) spoke alongside Gustavo Erbetta (Justice of the State Supreme Court of Santa Fe) and Víctor del Río (Justice of the State Supreme Courtof Chaco). Valerio's presentation provided an overview of the Mendoza experience and underscored the importance of interjurisdictional coordination.

Justices Erbetta, Del Río Valerio

Closing of the first day

The session concluded with remarks by Jennifer Doan (ABOTA) and Judge Victoria Santamaría Guglielmetti, who summarized the conclusions and called for continued dialogue on the second session. The organizers emphasized the importance of practical training and comparative trial cases to consolidate best practices in jury litigation.