As amended through January 31, 2024
Rule 29 - Jury at Adjudication(a) When a juvenile is charged with a delinquent act which, if charged against an adult would expose the adult to possible incarceration upon conviction, the juvenile, the juvenile's counsel, or the juvenile's parent or guardian may demand, or the court upon its own motion may order, a jury for the adjudicatory hearing. A jury shall consist of 12 members; but at any time before verdict, the state and juvenile may stipulate in writing with the approval of the court that a valid verdict may be returned by a jury consisting of less than 12 persons. (b) Should a juvenile elect to proceed to an adjudication by the court and waive the right to a jury for a delinquency charge under subparagraph (a), such waiver shall be in writing or an oral waiver on the record, and approved by the court.(c) When a juvenile is charged with: (2) a delinquent act where incarceration is not a possibility under the equivalent adult criminal offense; or(3) where the court rules prior to the adjudicatory hearing that a disposition involving out-of-home placement will not be imposed if the juvenile is adjudicated as having committed the delinquent offense, the court shall conduct the adjudicatory hearing without a jury. Provided, if the court proceeds without a jury pursuant to this subparagraph, prior to commencement of the adjudicatory hearing the court shall advise the juvenile that a subsequent determination of a substantial violation of any service or treatment plan or any condition of probation will not preclude a modified disposition involving an out-of-home placement.(d) Prior to voir dire, all prospective jurors for an adjudicatory hearing shall be instructed by the court regarding the confidentiality of juvenile proceedings.(e) The provisions of this rule have no application to teen court programs conducted under West Virginia Code § 49-4-716.