Committee backs amendment requiring prosecutor consent for jury-waivers, carves out capital cases

The House Civil Law Committee voted to report Senate Bill 97 with an amendment that would leave jury waivers in capital cases unchanged and otherwise require prosecutorial consent before a defendant may waive a jury trial.

Ms. Alonzo read the bill; committee staff noted the measure would amend Article 1, Section 17(a) of the state constitution to provide that, where a defendant seeks to waive a jury, the prosecuting authority must consent in writing for the waiver to take effect. An amendment (set 5,277) was added and accepted to specify that the right to a jury trial is not waived in capital cases.

Chris Alexander of the Louisiana Citizen Advocacy Group spoke in opposition during the SB 97 hearing, urging voters to reject the change. "The right to trial by jury, in our view, is a fundamental constitutional right, and as such, the waiver of that right ... should be equally fundamental," Alexander said. He argued defendants should not have to obtain government permission to relinquish that right and noted that other states take a different approach.

The committee adopted the draft 6.88 report and then moved to report the bill as amended. Judge Carter registered an objection and the committee proceeded to a roll-call vote; the tally was five yeas and one nay, and the measure was reported to the floor.

The 6.88 report recommends placement of the measure on an April 17, 2027 ballot as a constitutional amendment for voters to decide.