COLUMBUS, Ohio (AP) — A bill passed by the Ohio House and
headed for the Senate could put Ohio among more than two dozen states
that require a prosecutor’s consent for a criminal defendant to be able
to waive a jury trial.
The bill, which passed the House this week,
would allow prosecutors to demand a jury trial for felony cases, even
if a defendant wants to waive that right.
Proponents say the
measure would level the playing field for attorneys on both sides of a
case, but opponents see it as impeding defendants’ rights, The Columbus
Dispatch (http://bit.ly/H4DpLI ) reported.
The
bill would eliminate the chance for defendants to skip a jury in favor
of presenting their case directly to a judge who is sympathetic to their
defense. Having that option now gives some defendants an "unfair
advantage," said Democratic Rep. Sean O’Brien of Brookfield.
O’Brien
sponsored the bill with Republican Rep. Lynn Slaby of Akron, a former
appeals court judge. He said jury trials are the country’s standard for
justice, and the change would help assure fairness by taking judges’
bias into account.
Slaby also suggested that prosecutors still
would likely agree to waive jury trials in most cases because that
process is longer, requiring more time and resources.
"But in some
cases, I believe the changes in HB 265 are needed to ensure the
integrity of our criminal justice process," he said.
Some opponents say the proposal runs counter to the ideas upon which the judicial process is founded.
"We are treading on unconstitutional ground, here," said Rep. Connie Pillich of Montgomery,
A fellow Democrat, Rep. Dennis Murray, said the measure "stands the constitution on its head."

"I am about as opposed to this bill as anything I could be opposed to," said Murray, a lawyer
from Sandusky.
The
head of the Ohio Prosecuting Attorneys Association defended the bill,
saying it would even the playing field for prosecution and defense
attorneys in Ohio.
"It’s not a radical proposal," executive
director John Murphy said. "It does not invade the defendant’s rights in
any way, shape or form."
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Information from: The Columbus Dispatch, http://www.dispatch.com
Copyright 2012 The Associated Press.