Colorado § 19-2.5-610 - Right to jury trial.

§ 19-2.5-610. Right to jury trial.

(1) In any action in delinquency in which a juvenile is alleged to be an aggravated juvenile offender, as described in section 19-2.5-1125, or is alleged to have committed an act that would constitute a crime of violence, as defined in section 18-1.3-406, if committed by an adult, the juvenile or the district attorney may demand a trial by a jury of not more than six persons, except as provided in section 19-2.5-503 (3)(a), or the court, on its own motion, may order the jury to try any case brought pursuant to this title 19, except as provided in subsection (2) of this section.

(2) The juvenile is not entitled to a trial by jury when the petition alleges a delinquent act that is a misdemeanor, a petty offense, a violation of a municipal or county ordinance, or a violation of a court order.

(3) Unless a jury is demanded pursuant to subsection (1) of this section, it is deemed waived.

(4) Notwithstanding any other provisions of this article 2.5, in any action in delinquency in which a juvenile requests a jury pursuant to this section, the juvenile is deemed to have waived the sixty-day requirement for holding the adjudicatory trial established in section 19-2.5-902. In such a case, the juvenile's right to a speedy trial is governed by section 18-1-405 and rule 48 (b) of the Colorado rules of criminal procedure.

Source: L. 2021: Entire article added with relocations, (SB 21-059), ch. 136, p. 607, § 2, effective October 1.

Editor's note: This section is similar to former § 19-2-107 as it existed prior to 2021.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

Error for trial judge to refuse a jury trial and fail to notify defendants or parents or friends present, that a trial by jury might be had if they wished it. Kahm v. People, 83 Colo. 300, 264 P. 718 (1928).

Juvenile who claimed that the incorrect statute was applied during his trial waived his statutory right to a jury trial because he was given the opportunity at pretrial hearing to make his position known regarding the applicable statutory provisions, and did not do so. People v. J.J.H., 992 P.2d 626 (Colo. App. 1999), rev'd on other grounds, 17 P.3d 159 (Colo. 2001).

Trial court did not err in denying the request for a jury trial. Since defendant's charge of sexual assault on a child did not include charges of bodily injury, intimidation, threats, or force, defendant was not charged with a crime of violence as defined in § 18-1.3-406 and, subsequently, was not entitled to a jury trial. People ex rel. A.B.-B., 215 P.3d 1205 (Colo. App. 2009).

Jury trial is not constitutionally required under the due process clause or equal protection clause of the state constitution, article II, § 25, in the less serious delinquency adjudications specified in this statute. People in Interest of T.M., 742 P.2d 905 (Colo. 1987); People in Interest of T.A.W., 38 Colo. App. 175, 556 P.2d 1225 (1996).

Express constitutional right to a jury trial afforded to an adult facing a serious criminal charge not extended to a juvenile in delinquency proceedings under the federal or state constitution, even when the consequences for the juvenile include possible commitment over six months; rationale for not extending jury trial to juvenile proceedings focuses on the unique nature of juvenile proceedings and not on the potential consequences of a delinquency adjudication. People ex rel. A.C., 991 P.2d 304 (Colo. App. 1999), aff'd, 16 P.3d 240 (Colo. 2001).

Right to due process under the state constitution does not include a right to a jury in any delinquency proceeding. People ex rel. A.C., 991 P.2d 304 (Colo. App. 1999), aff'd, 16 P.3d 240 (Colo. 2001).

No equal protection right to a juvenile facing possible commitment over six months; there is no juvenile fundamental right to a jury trial in delinquency proceedings and it is not irrational to preclude jury trials in juvenile proceedings. People ex rel. A.C., 991 P.2d 304 (Colo. App. 1999), aff'd, 16 P.3d 240 (Colo. 2001).

Absent a corresponding constitutional right, juvenile who was not alleged to have committed an act that would constitute a crime of violence and who was not an aggravated juvenile offender did not have a statutory right to a jury trial. People ex rel. A.C., 991 P.2d 304 (Colo. App. 1999), aff'd, 16 P.3d 240 (Colo. 2001); People ex rel. J.T., 13 P.3d 321 (Colo. App. 2000), overruled on other grounds in People in Interest of T.B., 2021 CO 59, 489 P.3d 752.

Jury demand right extended to all parties of record to delinquency proceeding. The general assembly's selection of "any interested party" stands out as a purposeful choice to extend the right of jury demand to all parties of record to the delinquency proceeding. S.A.S. v. Dist. Court, 623 P.2d 58 (Colo. 1981); People in Interest of T.A.W., 38 Colo. App. 175, 556 P.2d 1225 (1996).

And juvenile has no veto power over state's demand. There is no indication of an intent to bestow on the juvenile a veto power over the state's jury demand through a statutory right of jury waiver. S.A.S. v. Dist. Court, 623 P.2d 58 (Colo. 1981).