Idaho Code
Idaho Code

Idaho Code § 19-1902 (2026)

Trial by jury. 

✓ current as of May 2026
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Trial by jury. 

Issues of fact must be tried by jury, unless a trial by jury be waived in criminal cases by the consent of both parties expressed in open court and entered in the minutes. In case of misdemeanor the jury may consist of six (6) or any number less than six (6) upon which the parties may agree in open court. There shall be no right to trial by jury for an infraction.

Notes of Decisions
Cited in 18 cases, 1954–2020 · leading case: State v. Peregrina, 261 P.3d 815 (Idaho 2011).
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State v. Peregrina, 261 P.3d 815 (Idaho 2011). · cites it 12× “However, at no point in Johns did the Court consider why I.C. § 19-1902, providing for a trial by jury on all issues of fact, was inapplicable.”
State v. Hauser, 150 P.3d 296 (Idaho Ct. App. 2006). · cites it 4× “I.C. §§ 19-1902, -2019, -2020. See also I.”
State v. Bennion, 730 P.2d 952 (Idaho 1986). · cites it 4× “I.C. § 19-1902. However, one apparently may not be arrested for an infraction, as proposed, [1a] nor may one be incarcerated upon adjudication.”
Abbott v. State, 924 P.2d 1225 (Idaho Ct. App. 1996). · cites it 2× “On Abbott’s appeal, the district court also treated the action as one for post-conviction relief.”
State v. Phillips, 784 P.2d 353 (Idaho Ct. App. 1989). · cites it 4× “1, § 7; I.C. § 19-1902; State v. Wheeler, 114 Idaho 97 , 753 P.”
State v. Haggard, 465 P.3d 1097 (Idaho 2020). · cites it 3× “Though neither party cites to the applicable statutes, Idaho has two statutory provisions that address waiver of the right to trial by jury: Idaho Code sections 19-1902 1 and 19-3911 2. In addition, this Court promulgated Idaho Criminal Rule 23 to govern how the right to a jury…”
Steven Edward Manning v. Phil Foster, 224 F.3d 1129 (9th Cir. 2000). “Under Idaho Code § 19-1902 , Manning was entitled to file an ineffective assistance of counsel claim in state court within one year of his conviction.”
Miller v. Winstead, 270 P.2d 1010 (Idaho 1954). · cites it 4× “Section 19-1902, I.C. In the cases of State v.”
State v. Rey Alfredo Ornelas, 330 P.3d 1085 (Idaho Ct. App. 2014). · cites it 2× “This right is recognized in Idaho Code § 19-1902 , and the criminal defendant has the ability to strike potential jurors for cause if actual or implied bias exists.”
State v. Ritchie, 757 P.2d 1247 (Idaho Ct. App. 1988). · cites it 2× “I.C. § 19-1902,1.C.R. 23. Ritchie contends that this limitation violates the common-law entitlement to a jury of twelve members.”
State v. Cody Sellers, 387 P.3d 137 (Idaho Ct. App. 2016). · cites it 2× “This right is recognized in Idaho Code § 19-1902 , and the criminal defendant has the ability to strike potential jurors for cause if actual or implied bias exists.”
State v. Powaukee, 300 P.2d 488 (Idaho 1956). · cites it 2× “I.C. § 19-1902, which authorizes the trial of a misdemeanor charge to a jury of less than twelve, further provides that in case of a misdemeanor, “but five-sixths of the jury may render a verdict, which verdict shall have the same effect as a unanimous verdict.”
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