Rule 18.1 Trial by Jury
Part 18: Trial by Jury; Waiver; Selection and Preparation of Petit Jury; Prohibited Disclosures
Rule Text
(a) Generally.
(1) Qualifications. Jurors shall have the qualifications as required by law.
(2) Number of Jurors - Felony Cases. In felony cases, conviction requires the unanimous consent of twelve (12) impartial jurors.
(3) Number of Jurors - Misdemeanor Cases. A six (6) person jury shall be used in all criminal misdemeanor actions tried in justice or county court (including, in county court, whether the case originated in such court or was appealed from a lower court). In such cases, the unanimous consent of six (6) impartial jurors is required for conviction. If the case is in justice court, a trial by jury may be demanded as provided by law, although there is no right to a jury trial in justice court if the potential sentence is less than six (6) months in jail. Trial by jury is not available in municipal court.
(4) Alternate Jurors. The court may direct the selection of a sufficient number of alternate jurors.
(b) Waiver. The defendant may waive the right to trial by jury with consent of the prosecution and the court. In a death penalty case, the defendant may also waive the right to have a jury determine the penalty if the prosecution and the court concur. Regarding any such waiver:
(1) Before acceptance, the court shall address the defendant personally, advise the defendant of the right to a jury trial, and ascertain that the waiver is knowing, voluntary, and intelligent.
(2) A waiver of jury trial or sentencing under this Rule shall be made in writing or in open court on the record.
(3) For good cause shown, the court may allow the defendant to withdraw the waiver of jury trial or sentencing.