Article IV: Criminal Proceedings — Trial Court | PART A. WAIVERS AND PLEAS
Rule Text
A person under the age of 18 years shall not, except in cases in which the penalty is by fine only, be permitted to enter a plea of guilty or to waive trial by jury, unless he is represented by counsel in open court.
Plain-English Summary (for reference only — not a substitute for the rule text above)
If you are under 18 years old and facing criminal charges, you must have a lawyer with you in court before you can plead guilty or give up your right to a jury trial. This applies to any case where the punishment could be more than just a fine.
This rule exists to protect young people from making serious legal decisions on their own. Pleading guilty or waiving a jury trial can have major consequences, and a lawyer helps make sure the minor understands what they are agreeing to.
Summary generated April 01, 2026
Committee Notes
(June 1970) This rule is derived from former Rule 401, paragraph (c). The only change in substance is the insertion of the phrase “except in cases in which the penalty is by fine only,” qualifying the requirement of representation by counsel when a person under 18 enters a plea of guilty or waives jury trial. This change conforms to section 113-5 of the Code of Criminal Procedure of 1963.
Adopted June 26, 1970, effective September 1, 1970; amended August 9, 1983, effective October 1, 1983.
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