Md. Crim. Causes. 4-246

As amended through November 13, 2024

Rule 4-246 - Waiver of Jury Trial-Circuit Court

(a) Generally. In the circuit court, a defendant having a right to trial by jury shall be tried by a jury unless the right is waived pursuant to section (b) of this Rule. The State does not have the right to elect a trial by jury.

(b) Procedure for Acceptance of Waiver. A defendant may waive the right to a trial by jury at any time before the commencement of trial. The court may not accept the waiver until, after an examination of the defendant on the record in open court conducted by the court, the State's Attorney, the attorney for the defendant, or any combination thereof, the court determines and announces on the record that the waiver is made knowingly and voluntarily.

Committee note: Although the law does not require the court to use a specific form of inquiry in determining whether a defendant's waiver of a jury trial is knowing and voluntary, the record must demonstrate an intentional relinquishment of a known right. What questions must be asked will depend upon the facts and circumstances of the particular case.

In determining whether a waiver is knowing, the court should seek to ensure that the defendant understands that: (1) the defendant has the right to a trial by jury; (2) unless the defendant waives a trial by jury, the case will be tried by a jury; (3) a jury consists of 12 individuals who reside in the county where the court is sitting, selected at random from a list that includes registered voters, licensed drivers, and holders of identification cards issued by the Motor Vehicle Administration, seated as jurors at the conclusion of a selection process in which the defendant, the defendant's attorney, and the State participate; (4) all 12 jurors must agree on whether the defendant is guilty or not guilty and may only convict upon proof beyond a reasonable doubt; (5) if the jury is unable to reach a unanimous decision, a mistrial will be declared and the State will then have the option of retrying the defendant; and (6) if the defendant waives a jury trial, the court will not permit the defendant to change the election unless the court finds good cause to permit the change.

In determining whether a waiver is voluntary, the court should consider the defendant's responses to questions such as:

(1) Are you making this decision of your own free will?

(2) Has anyone offered or promised you anything in exchange for giving up your right to a jury trial?

(3) Has anyone threatened or coerced you in any way regarding your decision? and

(4) Are you presently under the influence of any medications, drugs, or alcohol?

Cross reference: See Kang v. State, 393 Md. 97 (2006) and Abeokuto v. State, 391 Md. 289 (2006).

(c) Withdrawal of a Waiver. After accepting a waiver of jury trial, the court may permit the defendant to withdraw the waiver only on motion made before trial and for good cause shown. In determining whether to allow a withdrawal of the waiver, the court may consider the extent, if any, to which trial would be delayed by the withdrawal.

Md. Crim. Causes. 4-246

This Rule is derived from former Rule 735.

Adopted April 6, 1984, eff. 7/1/1984. Amended Dec. 4, 2007, eff. 1/1/2008.

HISTORICAL NOTES

2007 Orders

The December 4, 2007, order, in section (a), made stylistic changes; and in section (b), added a requirement that the court announce on the record a determination that a waiver is made knowingly and voluntarily, a Committee note and a cross reference.