(a) Waiver. Any defendant in jeopardy of incarceration in any misdemeanor proceeding before the Municipal Court shall affirmatively waive, in writing, his right to trial by jury before he may be tried and sentenced to any jail term; provided, notwithstanding the foregoing, the Municipal Court Judge, may, in his discretion, signify on the docket in advance of trial that he will under no condition impose a jail sentence, and the foregoing waiver shall not be required.
(b) Removal. In an action before the Municipal Court in which the defendant expresses a desire for a jury trial, has failed or refused to execute the waiver in subsection (a) hereof, or there is no indication of the Municipal Court Judge, pursuant to subsection (a) hereof, that he will not impose a jail sentence, such action shall be removed to the Circuit Court of Marion County for purposes of trial by jury. All appropriate documents shall be forwarded to the Clerk of the Circuit Court, and the matter shall then be heard by the Circuit Court.
(Ord. 515. Passed 12-16-80.)
(Ord. 515. Passed 12-16-80.)