Revised Code of Washington
Wash. Rev. Code § 10.04.050 (2026)
✓ current as of May 2026
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In all trials for offenses within the jurisdiction of a district judge, the defendant or the state may demand a jury, which shall consist of six, or a less number, agreed upon by the state and accused, to be impaneled and sworn as in civil cases; or the trial may be by the judge. When the complaint is for a crime or misdemeanor in the exclusive jurisdiction of the superior court, the justice hears the case as a committing magistrate, and no jury shall be allowed.
[ 1987 c 202 s 151; 1891 c 11 s 1; Code 1881 s 1890; 1875 p 51 s 2; 1873 p 382 s 188; 1854 p 260 s 174, part; RRS s 1927.]
Notes:
Intent—1987 c 202: See note following RCW 2.04.190.
Charging juries: State Constitution Art. 4 s 16.
Convicted persons liable for costs and jury fees: RCW 10.46.190.
Right to trial by jury: State Constitution Art. 1 s 21.
Notes of Decisions
Cited in 5
cases (1 in the last 5 years), 1958–2023 · leading case: State v. Oakley, 72 P.3d 1114 (Wash. Ct. App. 2003).
State v. Oakley, 72 P.3d 1114 (Wash. Ct. App. 2003). “]" The trial court construed this language to mean that the court should only honor the State's jury demand if the defendant consents. But that construction overlooks the plain meaning of the word "demand" and ignores the plain language in RCW 3.”
In Re Borchert, 359 P.2d 789 (Wash. 1961). “RCW 10.04.050. (4) No right to change of (4) Change of venue guaranteed, venue.”
State v. Oakley, 117 Wash. App. 730 (Wash. Ct. App. 2003). “” RCW 10.04.050 likewise provides that in district court trials, “the defendant or the state may demand a jury .”
State v. Wright, 320 P.2d 646 (Wash. 1958). “No attempt is made to confer such jurisdiction by the acts with which we are presently concerned.) The complaint against the defendant, Cecil Wright, came on for preliminary hearing before the Moses Lake justice of the peace October 1, 1956 (after various legal maneuvers not…”
State Of Washington, V. Jake Hughes Walker, Jr. (Wash. Ct. App. 2023). “at 568-69; RCW 10.04.050. In Booth, Juror 6, one of two potential jurors of East Asian descent on an otherwise white venire panel, joined four other jurors in agreeing that he was uncomfortable with the idea of drinking and driving and volunteered to defense counsel that he…”
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