Louisiana lawmakers are pushing a constitutional rewrite that would hand prosecutors the final say on whether most criminal defendants can skip a jury and take their chances with a judge alone. If voters sign off, defendants in most felony cases would lose the ability to unilaterally trade a jury trial for a bench trial unless the prosecutor signs off in writing.
What the amendment would do
Senate Bill 97, sponsored by Sen. Jay Morris, targets Article I, Section 17(A) of the state constitution. Right now, defendants in noncapital felony cases can waive a jury up to 45 days before trial. The amendment would flip that script, barring those jury waivers unless the prosecuting authority gives written consent first.
The bill text on legis.la.gov spells out the precise language and the ballot question that would land in front of voters.
Arguments at the committee hearing
The proposal cruised through Senate Judiciary C and is now headed to the full Senate, after a hearing that featured a clear split between prosecutors and civil-rights advocates, according to New Orleans CityBusiness.
The Louisiana Association of District Attorneys lined up behind the measure. Its executive director, Zach Daniels, told lawmakers the change would bring Louisiana in line with federal practice and what other states already do.
Civil-rights groups were not buying it. ACLU advocacy director Sarah Whittington warned the amendment “stacks the deck heavily in favor of the state,” and defense lawyers argued it could squeeze indigent defendants and jam up court dockets by making jury trials the default instead of an option.
Ballot timeline and legal mechanics
The resolution needs a two-thirds vote in both the Senate and House before it can go to the people. If lawmakers hit that high bar, the question would appear on the April 17, 2027, statewide ballot.
The official wording that voters would see is included in the filing on legis.la.gov.
What it could mean in practice
Defense attorneys warn the amendment could hand prosecutors extra leverage in plea negotiations, since they could refuse bench trials and force jury proceedings that are often more expensive and time consuming. They say that would hit indigent defendants hardest, especially those without resources for a complex jury trial.
Supporters counter that requiring prosecutor approval for a judge-only trial would prevent last minute tactical switches and make sure prosecutors, judges and victims all have input when a bench trial might not be appropriate.
Next steps
The full Senate is up next. If SB 97 clears the chamber with a two-thirds vote, it will head to the House, where representatives would have to match that margin before the question can reach the ballot. Expect amendments, floor fireworks and heavy lobbying from prosecutors and civil-rights organizations as the spring session unfolds.
