On February 15, 2022, Ben testified before the Vermont Senate Judiciary Committee in support of a bill that would change Vermont’s current unanimous civil jury requirement to make it a supermajority similar to Maine’s rule. Ben explained to the committee that forcing a unanimous verdict in civil cases encourages illegal compromise verdicts, where holdout jurors change their positions on liability in exchange for a reduction or increase in damages.

The risk of illegal compromise verdicts is reduced with a supermajority verdict because holdout jurors are unable to force this type of compromise.