Also known as: waives jury trial · waived jury trial · waiving jury trial · waiver of jury trial · jury trial waiver · waiver of right to jury trial
Written by attorneys · grounded in primary & secondary sources — see below
A client's decision in a criminal case whether to forgo trial by jury. The lawyer must abide by that decision after consultation.
Winona Walsh faces federal fraud charges and tells her lawyer she wants a bench trial to avoid community bias. The lawyer consults with her about the objectives of representation and confirms her written waiver. The prosecutor withholds consent, so the court must proceed with a jury despite the client's preference.
Wendy Wu signed an employment agreement containing a jury waiver clause for any disputes arising from her broker position. When she later sues for discrimination, the court examines whether the waiver was knowing and voluntary given her sophisticated background. The clause is upheld, converting the case to a bench trial.
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The defendant must execute a written waiver of the jury right. The government must consent to the waiver. The court must approve the waiver. All three requirements are mandatory, and the absence of any one prevents a nonjury trial.
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No. The government's consent is an independent prerequisite. Even when the defendant files a written waiver and the judge is inclined to approve a bench trial, the prosecutor's refusal to consent blocks the waiver.
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No. The client alone holds the authority to decide whether to waive jury trial. The lawyer must abide by the client's decision after consultation and may not substitute the lawyer's or a third-party payer's preference.
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