Supreme Court mandates oral waivers of right to jury.

• Date: 30 January 2002
• Author: Ziemer, David

Byline: David Ziemer

The Wisconsin Supreme Court on Jan. 24 mandated the use of a personal colloquy between the defendant and judge whenever the defendant seeks to waive his right to a jury trial.

Jury Waiver

In 1998, Tyran N. Anderson was charged in Milwaukee County Circuit Court with disorderly conduct, and the charge was subsequently amended to battery.

On the morning the case was scheduled for jury trial, after determining how may prior convictions a jury would be informed of if Anderson testified, his attorney informed Judge Mary M. Kuhnmuench that they may prefer to have a bench trial. Kuhnmuench stated that he would have to have a written waiver in the file, and Anderson signed a waiver.

Judge Kuhnmuench then stated, the Court is in receipt of a waiver of trial by jury that is signed and dated todays date. The Court will receive it and enter it in the trial as a knowing and voluntary waiver of his right to a jury trial. We will proceed with a bench trial at 1:30 this afternoon. Are there any questions of the Court?

No questions were asked, and when the court reconvened, it held a bench trial, and found Anderson guilty. Anderson appealed, and the...