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Oregon Revised Statutes

Or. Rev. Stat. § 136.001 (2026)

Right to jury trial; waiver

✓ current as of May 2026
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      136.001 Right to jury trial; waiver. (1) The defendant and the state in all criminal prosecutions have the right to public trial by an impartial jury.

      (2) Both the defendant and the state may elect to waive trial by jury and consent to a trial by the judge of the court alone, provided that the election of the defendant is in writing and with the consent of the trial judge. [1973 c.836 §221; 1997 c.313 §21]

Notes of Decisions
Cited in 77 cases (1 in the last 5 years), 1975–2022 · leading case: State v. Hewitt, 985 P.2d 884 (Or. Ct. App. 1999).
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State v. Hewitt, 985 P.2d 884 (Or. Ct. App. 1999). · cites it 28× “ORS 136.001. In this case, defendant waived his right to jury trial, and the state attempted to assert its right to demand a jury trial under ORS 136.”
State v. Baker, 976 P.2d 1132 (Or. 1999). · cites it 10× “3 Defendant objected, arguing, *358 inter alia, that the 1997 amendments to ORS 136.001 that had added to the statute the state’s right to insist on a jury trial were unconstitutional.”
State v. Boots, 848 P.2d 76 (Or. 1993). · cites it 5× “ORS 136.001, [6] Article I, section 11, of the Oregon Constitution, [7] and the Sixth Amendment to the Constitution of the United States, [8] made applicable to the states through the Due Process Clause of the Fourteenth Amendment, Duncan v.”
State Ex Rel. Hathaway v. Hart, 708 P.2d 1137 (Or. 1985). · cites it 5× “Defendant asserts that persons charged with criminal contempt are entitled to the procedural protections that ORS 136.001 to 136.695 grant to defendants in criminal actions, including the right to a jury, ORS 136.”
State v. Hess, 159 P.3d 309 (Or. 2007). · cites it 3× “Those statutory procedures appear in the text preceding ORS 136.001. Because the legislature adopted those procedures effective July 7,2005, after the occurrence of the crimes alleged in the indictment here, they do not affect our disposition in this case.”
Stevens v. Bispham, 851 P.2d 556 (Or. 1993). · cites it 2× “, to be tried by a jury, ORS 136.001, and to have each element of the charge proved beyond a reasonable doubt, ORS 136.”
Watkins v. Ackley, 523 P.3d 86 (Or. 2022). “ORS 136.001; ORS 136.210; ORS 136.220; ORS 10.”
State v. Luers, 153 P.3d 688 (Or. Ct. App. 2007). · cites it 2× “24 On resentencing, defendant will be entitled to the procedures set out in Oregon Laws 2005, chapter 463, sections 1 to 7 and 21 to 23, compiled as a note before ORS 136.001 (2005). Although it is possible that the issues presented in defendant’s second assignment of error will…”
State v. Bruning, 42 P.3d 365 (Or. Ct. App. 2002). · cites it 9× “However, the state objected to the waiver of a jury trial under ORS 136.001 and demanded a jury trial on all counts.”
State v. Nefstad, 789 P.2d 1326 (Or. 1990). · cites it 2× “e [Richardson] on issues the [trial] court felt provided a legal basis for exclusion" and claims that the trial court's refusal to allow such re-examination "amounts to a violation of the Federal Due Process Clause, Amendment-XIV, United States Constitution, * * * Article I,…”
State v. Herrington, 387 P.3d 485 (Or. Ct. App. 2016). · cites it 3× “Under both Article I, section 11, *96 of the Oregon Constitution and ORS 136.001(2), a criminal defendant has the right to a jury trial, and any waiver of that right must be “in writing.”
State v. Lemon, 986 P.2d 705 (Or. Ct. App. 1999). · cites it 3× “ons, the accused shall have the right to public trial by an impartial jury in the county in which the offense shall have been committed; * * * provided, however, that any accused person, in other than capital cases, and with the consent of the trial judge, may elect to waive…”
Show all 77 citing cases →
— Or. Rev. Stat. § 136.001(1) — 12 cases
State v. Hewitt, 985 P.2d 884 (Or. Ct. App. 1999). “ORS 136.001. In this case, defendant waived his right to jury trial, and the state attempted to assert its right to demand a jury trial under ORS 136.”
State v. Baker, 976 P.2d 1132 (Or. 1999). “3 Defendant objected, arguing, *358 inter alia, that the 1997 amendments to ORS 136.001 that had added to the statute the state’s right to insist on a jury trial were unconstitutional.”
State v. Boots, 848 P.2d 76 (Or. 1993). “ORS 136.001, [6] Article I, section 11, of the Oregon Constitution, [7] and the Sixth Amendment to the Constitution of the United States, [8] made applicable to the states through the Due Process Clause of the Fourteenth Amendment, Duncan v.”
State v. Hess, 159 P.3d 309 (Or. 2007). “Those statutory procedures appear in the text preceding ORS 136.001. Because the legislature adopted those procedures effective July 7,2005, after the occurrence of the crimes alleged in the indictment here, they do not affect our disposition in this case.”
State v. Evans, 182 P.3d 175 (Or. 2008).
— Or. Rev. Stat. § 136.001(2) — 17 cases
State v. Herrington, 387 P.3d 485 (Or. Ct. App. 2016). “Under both Article I, section 11, *96 of the Oregon Constitution and ORS 136.001(2), a criminal defendant has the right to a jury trial, and any waiver of that right must be “in writing.”
State v. Buffum, 999 P.2d 541 (Or. Ct. App. 2000).
State v. Hess, 159 P.3d 309 (Or. 2007). “Those statutory procedures appear in the text preceding ORS 136.001. Because the legislature adopted those procedures effective July 7,2005, after the occurrence of the crimes alleged in the indictment here, they do not affect our disposition in this case.”
State v. Barber, 147 P.3d 915 (Or. Ct. App. 2006).
State v. Burge, 1 P.3d 490 (Or. Ct. App. 2000).
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