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Panel advances bill to limit jury-waiver judge shopping; prosecutors back measure, ACLU and defense groups object
Summary
House Bill 310 would randomly reassign a bench-trial waiver when a defendant unilaterally waives a jury trial; supporters say it prevents judge-shopping, while opponents say it undermines due process and allows prosecutors to shop for judges by requesting reassignment.
The Judiciary Committee reported House Bill 3 10 favorably after testimony for and against the measure. Representative Carlson, the sponsor, said the bill addresses an "outlier" practice in Louisiana where defendants can unilaterally waive juries and thereby influence which judge hears their case.
"This is designed to prevent judge swap, judge shopping," Representative Carlson said. Larry Freeman of the attorney general's office and other prosecutors told the committee they had received complaints from district attorneys around the state about unusually high rates of jury waivers in some jurisdictions.
Opponents including the Louisiana Association of Criminal Defense Lawyers and the ACLU described constitutional and due-process concerns. "By allowing the DA to decide whether or not it can stay with one judge or another, this law is actually allowing judge shopping by the district attorney," Megan Garvey argued, citing Louisiana Supreme Court precedent. Sarah Whittington of the ACLU warned the measure could "undermine faith in the system" by creating a forum-shopping dynamic.
Sponsor Representative Carlson and supporters said the reassignment is triggered by the defendant's waiver and that prosecutors would only request reassignment in limited circumstances. After back-and-forth about procedure and concerns, the committee moved the bill to the floor with a favorable report.
