written jury waiver in Illinois

2025In that case, our supreme court considered three consolidated cases to determine “whether a judgment of conviction must be reversed and the cause remanded for a new trial where a trial court fails to secure a defendant’s written jury waiver.” Id. at 464 .

2025However, defendant, upon questioning from the circuit court, confirmed that the written jury waiver form had been explained to him before he signed it. ¶ 43 Defendant argues that the admonishments in his case were inadequate when compared to those in People v. Tooles, 177 Ill. 2d 462 (1997).

2022Id. ¶ 41 For example, knowing jury waivers were found when (1) the defendant, an intelligent man with considerable education, did not execute a written jury waiver but was advised about his right to a jury trial or a bench trial “at some point” and said nothing when a bench trial was mentioned numerous times throughout the proceedings (People v. Frey, 103 Ill. 2d 327, 329-332 (1984)); (2) the half-sheets reflected that defense counsel moved for a stipulated bench trial and “ ‘jury trial [was] waived’ ” (Liekis, 2012 IL App (2d) 100774 , ¶ 34); and (3) the defendant did not execute a -9- 2022 I

2022Conversely, an unknowing waiver of a jury trial occurred when (1) the defendant executed a written jury waiver and was admonished about his right to a jury trial, but after his conviction was vacated, resulting in a new trial, the trial court merely verified that there was a jury waiver for the first bench trial before proceeding with the second (Bracey, 213 Ill. 2d at 268, 273 ); (2) the defendant executed a jury waiver outside of court but was never present in court for jury-waiver discussions (Scott, 186 Ill. 2d at 284-85 ); and (3) the defendant executed a jury waiver after the trial court

2025See id. at 269-70 (stating a written jury waiver “is not always dispositive of a valid waiver”).

2024The opinion recited no facts regarding the execution of the initial jury waiver, simply noting “[d]efendant executed a written jury waiver, and the court, after duly admonishing defendant of his right to a jury trial, accepted the waiver, ruling that the defendant knowingly and voluntarily waived his right to a jury trial.” Id. at 268 .

2025Then Smith noted: “To the same end, our decisions have imposed on the circuit courts the duty of ensuring that a defendant’s waiver of his right to a jury trial be made expressly and understandingly.” (Emphasis added.) Id. ¶ 22 Twelve years after Smith, our supreme court again took up the issue of the failure to secure a criminal defendant’s written jury waiver.

2002See People v. Tooles, 177 Ill. 2d 462, 465 (1997) (addressing substantive arguments where questions regarding the failure to secure a written jury waiver had arisen frequently in appellate court); People v. Smith, 106 Ill. 2d 327, 333 (1985) (considering issue of jury waiver on its merits given its importance and the frequency with which it arises); People v. Rehbein, 74 Ill. 2d 435 (1978) (addressing issue on the merits because of the importance of the issue and the great number of cases reaching the appellate courts on the issue).

2003The court noted that the transcript of the second proceeding did not disclose that the defendant signed or gave a new written jury waiver and, therefore, concluded that the judgment of the second trial could not stand because “it does not appear that the defendant executed ‘a formal waiver in writing’ of a trial by jury.” Johnson, 222 Ill.

2003The court noted that the transcript of the second proceeding did not disclose that the defendant signed or gave a new written jury waiver and, therefore, concluded that the judgment of the second trial could not stand because "it does not appear that the defendant executed 'a formal waiver in writing' of a trial by jury." Johnson , 222 Ill.

2022Conversely, an unknowing waiver of a jury trial occurred when (1) the defendant executed a written jury waiver and was admonished about his right to a jury trial, but after his conviction was vacated, resulting in a new trial, the trial court merely verified that there was a jury waiver for the first bench trial before proceeding with the second (Bracey, 213 Ill. 2d at 268, 273 ); (2) the defendant executed a jury waiver outside of court but was never present in court for jury-waiver discussions (Scott, 186 Ill. 2d at 284-85 ); and (3) the defendant executed a jury waiver after the trial court

2006See People v. Elders, 349 Ill.

2015See Bracey, 213 Ill. 2d 265 (holding that the written jury waiver and admonishments which occurred prior to the defendant's first trial were no longer of any effect once the first trial terminated); Mixon, 271 Ill.

2015See Bracey, 213 Ill. 2d 265 (holding that the written jury waiver and admonishments which occurred prior to the defendant's first trial were no longer of any effect once the first trial terminated); Mixon, 271 Ill.

2022Id. ¶ 41 For example, knowing jury waivers were found when (1) the defendant, an intelligent man with considerable education, did not execute a written jury waiver but was advised about his right to a jury trial or a bench trial “at some point” and said nothing when a bench trial was mentioned numerous times throughout the proceedings (People v. Frey, 103 Ill. 2d 327, 329-332 (1984)); (2) the half-sheets reflected that defense counsel moved for a stipulated bench trial and “ ‘jury trial [was] waived’ ” (Liekis, 2012 IL App (2d) 100774 , ¶ 34); and (3) the defendant did not execute a -9- 2022 I

2019Accordingly, we find that defendant's right to a jury trial was violated and he has, therefore, met his burden under the plain error doctrine. ¶ 17 We are unpersuaded by the State's argument that the written jury waiver and "other indications" establish a valid waiver "notwithstanding the fact that a verbal acknowledgement is lacking from the record." The State relies on People v. Asselborn , 278 Ill.

2017The validity of a jury waiver cannot rest on any precise formula, but, rather, “depends on the facts and circumstances of each particular case. [Citation.] A jury waiver may be valid if it is made by defense counsel in the defendant’s presence and the defendant does not object.” In re R.A.B., 197 Ill. 2d 358, 364 (2001). ¶ 24 Here, the record contains no evidence that defendant waived his right to a jury trial either in writing or in open court.

2017The validity of a jury waiver cannot rest on any precise formula, but, rather, “depends on the facts and circumstances of each particular case. [Citation.] A jury waiver may be valid if it is made by defense counsel in the defendant’s presence and the defendant does not object.” In re R.A.B., 197 Ill. 2d 358, 364 (2001). ¶ 24 Here, the record contains no evidence that defendant waived his right to a jury trial either in writing or in open court.

2002See People v. Tooles, 177 Ill.2d 462, 465 , 227 Ill.Dec. 125 , 687 N.E.2d 48 (1997) (addressing substantive arguments where questions regarding the failure to secure a written jury waiver had arisen frequently in appellate court); People v. Smith, 106 Ill.2d 327, 333 , 88 Ill.Dec. 42 , 478 N.E.2d 357 (1985) (considering issue of jury waiver on its merits given its; importance and the frequency with which it arises); People v. Rehbein, 74 Ill.2d 435 , 24 Ill.Dec. 835 , 386 N.E.2d 39 (1978) (addressing issue on the merits because of the importance of the issue and the great number of cases reach

2002See People v. Tooles, 177 Ill. 2d 462, 465 (1997) (addressing substantive arguments where questions regarding the failure to secure a written jury waiver had arisen frequently in appellate court); People v. Smith, 106 Ill. 2d 327, 333 (1985) (considering issue of jury waiver on its merits given its importance and the frequency with which it arises); People v. Rehbein, 74 Ill. 2d 435 (1978) (addressing issue on the merits because of the importance of the issue and the great number of cases reaching the appellate courts on the issue).

1997The appellate court, in each of the three cases allowed and consolidated for our review (Tooles, 278 Ill.

1997See Tooles , 278 Ill.

2023“A half-sheet entry is also called a ‘docket’ entry (People v. Cooper, 2015 IL App (1st) 132971, ¶ 7 ), and it may be relied on as some evidence of certain legal events.” Id. (relying on the half-sheet to establish the filing date of a postconviction petition); see also People v. Liekis, 2012 IL App (2d) 100774 , ¶ 33 (although the record did not contain a written jury waiver, the half-sheet established that the defendant had waived a jury); People v. Brials, 315 Ill.

2019People v. Liekis, 2012 IL App (2d) 100774 , ¶ 33 (although the record did not contain a written jury waiver, the half-sheet established that the defendant had waived a jury); People v. Brials, 315 Ill.

1996App. 3d 400 , 663 N.E.2d 443 (1996), the second district stated that its decision in Nuccio could be read "to require automatic reversal in cases involving a jury waiver issue where the defendant did not execute a written jury waiver.” Silas, 278 Ill;.

1996Where, as in Sandham, a defendant has made a knowing oral waiver of his right to a jury trial in open court, the absence of a written jury waiver is harmless error and does not require reversal.” Silas, 278 Ill.

2021Ultimately, given that defendant submitted a written jury waiver, acknowledged discussing the matter with his attorney, and did not express any doubts or ask any questions when afforded the opportunity to do so, we conclude that defendant’s jury waiver was made knowingly, understandingly, and voluntarily. ¶ 43 In so holding, we find defendant’s reliance on People v. Sebag, 110 Ill.

2021See Bracey, 213 Ill. 2d at 269-70 (Although a written jury waiver is “not always dispositive of a valid waiver,” the existence thereof “is one means by which a defendant’s intent may be established.”). ¶ 20 The cases cited by defendant, People v. Scott, 186 Ill. 2d 283 , 710 N.E.2d 833 (1999) and People v. Sebag, 110 Ill.

2026“While it may be preferable for a trial court to advise a defendant of his right to a jury trial, the trial court is not constitutionally required to do so in order to maintain a valid waiver.” Id. at 981 . ¶ 29 Here, the record demonstrates before trial. the court accepted a jury waiver from defendant, confirmed the offenses, and asked if “[e]veryone [was] on the same page.” The court then directed defendant to fill out a written jury waiver in open court.

2022Although a written jury waiver is not dispositive, the presence of a “‘signed jury waiver…lessens the probability that the -19- 1-20-0274 waiver was not made knowingly.’” People v. Rincon, 387 Ill.App.3d 708, 720 (2nd Dist. 2008) (quoting People v. Steiger, 208 Ill.App.3d 979, 982 (2nd Dist. 1991).

2022Id. ¶ 41 For example, knowing jury waivers were found when (1) the defendant, an intelligent man with considerable education, did not execute a written jury waiver but was advised about his right to a jury trial or a bench trial “at some point” and said nothing when a bench trial was mentioned numerous times throughout the proceedings (People v. Frey, 103 Ill. 2d 327, 329-332 (1984)); (2) the half-sheets reflected that defense counsel moved for a stipulated bench trial and “ ‘jury trial [was] waived’ ” (Liekis, 2012 IL App (2d) 100774 , ¶ 34); and (3) the defendant did not execute a -9- 2022 I

1996But the court found a waiver in "defendant’s silent acquiescence in the judge’s statement in his presence on the day of [the] trial that all counts were set for [a] bench trial” (Frey, 103 Ill. 2d at 333 ).

2022Although a written jury waiver is not dispositive, the presence of a “‘signed jury waiver…lessens the probability that the -19- 1-20-0274 waiver was not made knowingly.’” People v. Rincon, 387 Ill.App.3d 708, 720 (2nd Dist. 2008) (quoting People v. Steiger, 208 Ill.App.3d 979, 982 (2nd Dist. 1991).

2016Furthermore, although a written jury waiver “memorializes the defendant’s decision” (Bannister, 232 Ill. 2d at 66 ), the absence of such a writing may be harmless error and the presence of one, on its own, is insufficient to establish that a waiver is valid (Rincon, 387 Ill.

2022People v. Parker, 2016 IL App (1st) 141597, ¶¶ 47, 51 .

2021People v. Parker, 2016 IL App (1st) 141597 ; People v. Reed, 2016 IL App (1st) 140498 , ¶ 7. ¶ 40 In this case, the record reflects that prior to the start of trial, defense counsel apprised the court that defendant had “signed a written jury waiver just moments ago in the courtroom.” The written waiver was then submitted to the court.

2021See People v. Enoch, 122 Ill. 2d 176, 186 (1988) (recognizing that to properly preserve an issue for appeal, a defendant must object to the purported error at trial and specify the error in a posttrial motion and that his failure to satisfy both requirements results in forfeiture of appellate review of his -17- 1-18-1585 claim).

1996Under People v. Enoch (1988), 122 Ill. 2d 176, 186-87 , 522 N.E.2d 1124, 1130 , an issue is not preserved for review unless the error was raised by both an objection at trial and a post-trial motion.