KEY TAKEAWAYS: Bill requires prosecutor approval to waive jury trials. Supporters say it aligns Louisiana with federal policy and other states. Opponents warn it gives prosecutors too much power. Proposal heads to Senate floor and could go to voters.   If certain criminal defendants wan t to waive their right to a trial by jury, they will need a prosecutor’s approval under a proposal that took its first step toward the ballot Tuesday. Opponents of the change say it would put too much power in the hands of district attorneys. Sen. Jay Morris, R-West Monroe, has authored an amendment to the Louisiana Constitution, Senate Bill 97, that would apply to all felony cases that don’t involve the death penalty as a possible punishment. A defendant currently has to decide 45 days before their trial date whether they want to forego their right to a jury trial and let a judge alone decide their guilt or innocence. Prosecutors do not have a say in the matter. That would change under Morris’ legislation, which has the support of the Louisiana Association of District Attorneys. Its executive director, Zach Daniels, told the Senate Committee on Judiciary C the change would bring Louisiana in line with 30 other states and federal court policy. The ACLU of Louisiana opposes the bill. Sarah Whittington, advocacy director for the organization, told senators that giving prosecutors the ability to approve or reject a defendant’s jury waiver stacks the deck heavily in favor of the state, especially in cases where the accused is indigent and can’t afford to mount an adequate defense. Whittington also said some criminal cases are too complicated for juries, and a defendant might prefer to have a more knowledgeable judge issue a verdict. If Morris’ proposed change to the constitution is made, district attorneys could then decide to take a complicated case before a jury, “drag things out and confuse them,” she said. Richard Sprinkle, a Baton Rouge attorney, also spoke out against the measure. He said it would further burden criminal courts that already struggle to assemble juries, resulting in more costs for the public. “It will clog up a system that’s already bogged down,” Sprinkle said. The committee advanced Morris’ bill without objection, sending it next to the Senate floor. It will need a two-thirds vote from both chambers to be placed on the ballot for statewide voter approval. The legislation calls for the proposed amendment to appear on the April 17 ballot next year, when the state will hold closed party primaries for seats on the state Board of Elementary and Secondary Education. Whittington had asked for the question to be placed on the ballot for statewide elections later in the year. Lawmakers are also considering a bill to do away with party primaries for the BESE elections that, if approved, would force the election calendar change Whittington wants. ...read more read less