Wash. Rev. Code » Title 10 · Chapter 10.01
Revised Code of Washington

Wash. Rev. Code § 10.01.060 (2026)

✓ current as of May 2026
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No person informed against or indicted for a crime shall be convicted thereof, unless by admitting the truth of the charge in his or her plea, by confession in open court, or by the verdict of a jury, accepted and recorded by the court: PROVIDED HOWEVER, That except in capital cases, where the person informed against or indicted for a crime is represented by counsel, such person may, with the assent of the court, waive trial by jury and submit to trial by the court.
[ 2010 c 8 s 1002; 1951 c 52 s 1; 1909 c 249 s 57; 1891 c 28 s 91; Code 1881 s 767; 1873 p 180 s 3; 1869 p 198 s 3; 1859 p 105 s 3; 1854 p 76 s 3; RRS s 2309.]

Notes:

Self-incriminating testimony: State Constitution Art. 1 s 9.
Notes of Decisions
Cited in 37 cases (2 in the last 5 years), 1952–2022 · leading case: State v. Martin, 614 P.2d 164 (Wash. 1980).
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State v. Martin, 614 P.2d 164 (Wash. 1980). · cites it 37× “[3] In oral argument, the State relied on the second clause of RCW 10.01.060 which expands the methods of assessing guilt to include trial by a judge except in capital cases: [E]xcept in capital cases, where the person informed against .”
State v. Frampton, 627 P.2d 922 (Wash. 1981). · cites it 20× “030, RCW 10.01.060 and RCW 10.49.010. A guilty plea was allowed and, in the event of such a plea, it was mandatory that a jury then "be impaneled to hear testimony, and determine the degree of murder and the punishment therefor.”
State v. Wagner, 752 P.2d 1136 (Or. 1988). · cites it 8× “2d 164, 166 (1980), the court said: "We have never interpreted RCW 10.01.060 to prohibit a defendant charged with a capital offense from pleading guilty.”
State v. Oakley, 72 P.3d 1114 (Wash. Ct. App. 2003). · cites it 5× “RCW 10.01.060 allows a criminal defendant to waive the right to jury trial with the court's consent: No person informed against or indicted for a crime shall be convicted thereof, unless by admitting the truth of the charge in his plea, by confession in open court, or by the…”
State v. Thompson, 558 P.2d 202 (Wash. 1977). · cites it 2× “The statute controlling the waiver of a jury, states: No person informed against or indicted for a crime shall be convicted thereof, unless by admitting the truth of the charge in his plea, by confession in open court, or by the verdict of a jury, accepted and recorded by the…”
State v. Ferrick, 506 P.2d 860 (Wash. 1973). · cites it 4× “Thus, the trial court properly refused to instruct the jury on diminished mental capacity and manslaughter. Appellant next contends the trial court erred in denying her motion to waive a jury trial either as to the entire case or as to the issue of guilt.”
In re the Pers. Restraint of Cross, 309 P.3d 1186 (Wash. 2013). · cites it 2× “f 12 RCW 10.01.060 5 prevents bench trials in capital cases.”
State v. Lane, 246 P.2d 474 (Wash. 1952). · cites it 4× “060): "No person informed against or indicted for a crime shall be convicted thereof, unless by admitting the truth of the charge in his plea, by confession in open court, or by the verdict of a jury, accepted and recorded by the court: Provided, That except in capital cases,…”
State v. Jones, 562 P.2d 283 (Wash. Ct. App. 1977). · cites it 5× “" The State argues that only capital cases are those required to be so tried, citing RCW 10.01.060 6 which makes a jury mandatory in capital cases.”
Singer v. United States, 380 U.S. 24 (1965). “Gen. Stat. Rev. §54-82 (1958)), and Illinois (Ill.”
State v. Wicke, 591 P.2d 452 (Wash. 1979). “Citing RCW 10.01.060, the prosecutor contends that a jury trial appears to be required only when a defendant is "informed against" or "indicted for" a crime.”
State v. Baker, 474 P.2d 254 (Wash. 1970). · cites it 2× “030, RCW 10.01.060, and RCW 10.49.010 require trial by jury when a person is charged with murder in the first degree.”
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