signed jury waiver in Illinois

2025People v. Parker, 2016 IL App (1st) 141597, ¶ 50 (citing Bannister, 232 Ill. 2d 52, 66 (2008)); see also People v. Gatlin, 2017 IL App (1st) 143644, ¶ 14 (“Although not dispositive of a valid waiver, a written waiver may provide evidence that the defendant knowingly relinquished his right to a jury trial.”); People v. Clay, 363 Ill.

2017People v. Clay, 363 Ill.

2023People v. Dockery, 296 Ill.

2016People v. Dockery, 296 Ill.

2026See People v. Jones, 93 Ill.

2023People v. Jones, 93 Ill.

2019People v. Ruiz, 367 Ill.

2019People v. Ruiz , 367 Ill.

2022In doing so, the court explained: “The defendant was without -21- 1-20-0274 benefit of counsel, and it does not appear that he was advised of the meaning of a trial by jury nor does it appear that he was familiar with criminal proceedings.” Id. at 829 .

1991Although a signed jury waiver form alone is insufficient proof to demonstrate that the defendant made an understanding waiver of the right to a jury trial (People v. Sebag (1982), 110 Ill.

2004With respect to the signed jury waiver, which was completed after the conclusion of the bench trial, the court relied on Scott, 186 Ill. 2d 283 , where the written jury waiver was filed but found to be of no importance because of other factors involved in the case.

2004With respect to the signed jury waiver, which was completed after the conclusion of the bench trial, the court relied on Scott, 186 Ill.2d 283 , 238 Ill.Dec. 36 , 710 N.E.2d 833 , where the written jury waiver was filed but found to be of no importance because of other factors involved in the case.

2025People v. Parker, 2016 IL App (1st) 141597, ¶ 50 (citing Bannister, 232 Ill. 2d 52, 66 (2008)); see also People v. Gatlin, 2017 IL App (1st) 143644, ¶ 14 (“Although not dispositive of a valid waiver, a written waiver may provide evidence that the defendant knowingly relinquished his right to a jury trial.”); People v. Clay, 363 Ill.

2021Bannister, 232 Ill. 2d at 69 . ¶ 38 “Although a signed jury waiver alone does not prove a defendant’s understanding, it is evidence that a waiver was knowingly made.” People v. Reed, 2016 IL App (1st) 140498 , ¶ 7.

2024Id. at 269-70 .

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.

2025See Buschauer, 2025 IL App (1st) 232365, ¶ 38 (finding the defendant voluntarily, intelligently and knowingly waived his right to a jury trial where defendant, who had no prior criminal history, was present when his attorney requested a bench trial, the court asked him directly whether he wanted a bench trial, and his attorney asked the court to admonish him in open court). ¶ 42 Defendant further contends that the content of the written jury waiver did not explain his constitutional right to a jury trial and the difference between a bench and jury trial.

2025People v. Parker, 2016 IL App (1st) 141597, ¶ 50 (citing Bannister, 232 Ill. 2d 52, 66 (2008)); see also People v. Gatlin, 2017 IL App (1st) 143644, ¶ 14 (“Although not dispositive of a valid waiver, a written waiver may provide evidence that the defendant knowingly relinquished his right to a jury trial.”); People v. Clay, 363 Ill.

2025People v. Parker, 2016 IL App (1st) 141597, ¶ 50 (citing Bannister, 232 Ill. 2d 52, 66 (2008)); see also People v. Gatlin, 2017 IL App (1st) 143644, ¶ 14 (“Although not dispositive of a valid waiver, a written waiver may provide evidence that the defendant knowingly relinquished his right to a jury trial.”); People v. Clay, 363 Ill.

2020Id.; 725 ILCS 5/115-1 (West 2014). ¶ 15 A jury waiver is generally valid when the court ensures a defendant “(1) understands he is entitled to a jury trial, (2) understands what a jury trial is, and (3) wishes to be tried by a jury or by the court without a jury.” People v. West, 2017 IL App (1st) 143632, ¶ 15 (citing People v. Chitwood, 67 Ill. 2d 443, 448-49 (1977)).

2020Id.; 725 ILCS 5/115-1 (West 2014). ¶ 15 A jury waiver is generally valid when the court ensures a defendant “(1) understands he is entitled to a jury trial, (2) understands what a jury trial is, and (3) wishes to be tried by a jury or by the court without a jury.” People v. West, 2017 IL App (1st) 143632, ¶ 15 (citing People v. Chitwood, 67 Ill. 2d 443, 448-49 (1977)).

2016In this context, the circuit court’s comment could not reasonably have been construed by Mr. Parker as a pronouncement that a signed jury waiver was required of him before the trial could begin. ¶ 50 In his remaining arguments, Mr. Parker essentially faults the circuit court for failing to make certain inquiries and admonishments discussed in People v. Tooles, 177 Ill. 2d 462, 470-73 (1997), including an explanation of the difference between a jury trial and a bench trial, a request - 18 - No. 14-1597 that the defendant explain this difference in his own words, emphasis on the defendant’s cons

2016Rather than holding that these were requirements for a valid jury waiver, however, our supreme court in that case confirmed that “no set admonition or advice is required” because validity “turns on the facts and circumstances of each particular case.” Id. at 469 .