"Standard 15- 1.2. Waiver of trial by jury
(a) Cases required to be tried by jury should be so tried, unless jury trial is waived with the consent of the prosecutor.
(b) The court should not accept a waiver unless the defendant, after being advised by the court of his or her right to trial by jury and the consequences of waiver of jury trial, personally waives the right to trial by jury in writing or in open court on the record.
(c) A defendant may not withdraw a voluntary and knowing waiver as a matter of right, but the court, in its discretion, may permit withdrawal prior to the commencement of the trial.
(d) A defendant may withdraw a waiver of jury trial as a matter of right, and a prosecutor may withdraw consent to a waiver as a matter of right if there is a change in the trial judge.
Standard 15- 1.3. Waiver of full jury or of unanimous verdict*
(a) At any time before verdict, the parties, with the approval of the court, may stipulate that the jury shall consist of any number less than that required for a full jury.
(b) At any time before verdict, the parties, with the approval of the court, may stipulate that the verdict may be less than unanimous. The stipulation should be clear as to the number of concurring jurors required for the verdict to be valid.
(c) The court should not accept such a stipulation unless the defendant, after being advised by the court of his or her right to trial by a full jury, personally waives the right to trial by a full jury, or the right to a unanimous verdict, in open court on the record."
Explanation:
