By: Wesley Muller | Louisiana Illuminator
Fierce debate this week in the Louisiana Legislature over a criminal defendant’s right to waive their right to a jury trial led to accusations of “tyranny” with some lawmaker-lawyers questioning the constitutionality of a proposal that has the backing of the attorney general.
The debate stemmed from House Bill 310, sponsored by Rep. Josh Carlson, R-Lafayette, that would reassign criminal cases to a different judge when a defendant declines a jury trial unless the prosecutor disagrees. The Seventh Amendment of the U.S. Constitution guarantees the right to a trial by jury, but some defendants choose to waive that right and elect to have a judge decide the outcome in a bench trial.
Representatives approved the bill in a 57-36 vote Wednesday, sending it next to a Senate committee for consideration. A vote on the same measure April 9 failed by three votes.
The proposal is one of several Attorney General Liz Murrill is asking lawmakers to pass this session.
Under Carlson’s bill, when a defendant waives a jury trial, the case would be randomly assigned to the remaining pool of judges in a division. The judge who was initially assigned the case would not be eligible to hear it.
Rep. Edmond Jordan, D-Baton Rouge, said he found Carlson’s bill problematic, in part, because defendants already have limited options in smaller court jurisdictions where there might be only one judge who hears criminal cases.
“There should be no penalty attached for waiving a constitutional right …” Jordan said. “What we’re doing is taking something that is a right of the defendant, and we’re putting all of the power back in the hands of the prosecution.”
Carlson’s bill also drew opposition from his fellow Republicans in the House.
Rep. Brian Glorioso, an attorney from Slidell, noted Carlson is not a lawyer and mentioned Murrill’s influence on the bill, likening it to politics from Nazi Germany and other tyrannical governments.
“I know many of you have received coercion and possibly even threats from the AG,” Glorioso told his colleagues. “Many of you may fear the AG. I do not …Tyranny doesn’t always arrive with a roar. Often it arrives with a whisper in the form of a procedural change that looks like good policy but erodes the foundation of justice.”
Murrill took exception to Glorioso’s remarks, issuing a statement Wednesday morning demanding an apology.
“I respect the legislative process, but Representative Glorioso crossed the line and made comments unbecoming of a member of the House,” Murrill wrote. “He is entitled to disagree with any bill, but failing to convince people with his arguments, he resorted to personally attacking my character and making false claims about my entirely deferential and informational discussions about the bill with members.”
Glorioso made the apology Wednesday afternoon from the House floor.
“While we can disagree on policy, I should have kept my opposition to the specifics of the bill and not insinuated any improper motive,” Glorioso said. “I have the greatest respect for our attorney general.”
Carlson said his proposal would bring Louisiana in line with 31 other states that have similar laws pertaining to waiving a jury trial. The U.S. Constitution guarantees a jury trial but doesn’t guarantee the right to waive a jury trial, he said.
Glorioso noted that the Louisiana Constitution specifically guarantees the right to waive a jury trial.
When Carlson’s bill first went up for a House vote April 9, he argued that defendants are waiving jury trials so their cases will be assigned to judges who are biased against prosecutors. Though he didn’t provide names or examples, he said there are judges who regularly acquit defendants despite hearing evidence that proves them guilty beyond a reasonable doubt.
“To keep the integrity of the system, the public confidence of the outcome and the perceived legitimacy, [bench trials] should be randomly assigned to a judge that has not been involved in that case,” Carlson said during Tuesday’s debate.
Lawmakers are also weighing a proposed constitutional amendment regarding the ability of defendants to waive jury trials. Senate Bill 97, by Sen. Jay Morris, R-West Monroe, would require a district attorney’s approval for defendants to waive their right to a jury trial in criminal cases that do not involve the death penalty.
Morris’ bill has gained Senate approval and awaits a House committee hearing.