jury trial washington
How to handle Traffic Court ignoring basic rights
<p>I requested a trial by jury in WA state for a traffic ticket (I know not a standard or suggested move as I understand, but I figured if I was going to court, I might as well have the satisfaction of at least seeing my rights in action.) </p>

<p>However, the judge denied my request for jury, and even went so far as to say that no such right to trial by jury existed for civil cases. (which appears to be a direct violation of Washington State code <a href="http://www.courts.wa.gov/court_rules/?fa=court_rules.display&amp;group=sup&amp;set=CR&amp;ruleid=supcr38" rel="nofollow noreferrer">http://www.courts.wa.gov/court_rules/?fa=court_rules.display&amp;group=sup&amp;set=CR&amp;ruleid=supcr38</a> in addition to being unconstitutional claim.)</p>

<p>That said, I have no idea how to go about appealing the ticket &amp; penalty payment, or if I even should, and instead directly sue the court for ignoring my rights (and how to go about that).</p>

<p>You do not automatically have the right to trial by jury in traffic court. The government only requires courts to allow trials by jury when it is not a petty offense.</p>
<p>Refer to <a href="https://www.law.cornell.edu/supremecourt/text/391/145" rel="noreferrer">Duncan v. Louisiana, 391 U.S. 145 (1968)</a>:</p>
<blockquote>
<p>Crimes carrying possible penalties up to six months do not require a jury trial if they otherwise qualify as petty offenses, Cheff v. Schnackenberg, 384 U.S. 373 (1966).</p>
<p>...</p>
<p>In the federal system, petty offenses are defined as those punishable by no more than six months in prison and a $500 fine.</p>
</blockquote>
<p>Since most traffic violations do not involve jail time and do not exceed a $500 fine, most traffic violations are also not eligible for jury trials as defined by the government. Presumably the law is built this way so as not clog the courts with a bunch of people demanding jury trials for very minor infractions that need not be tried by jury.</p>
<p>The Washington State Civil Rules you reference do not grant any further rights to trial by jury not already granted otherwise. It can be quickly summed up as saying that trial by jury rights cannot be revoked, and outlines how one should go about requesting a trial by jury.</p>
<p>If you were fined more than $500 and were denied a jury trial, consult an attorney in the area about the situation.</p>
