State v. Trier, 277 P.3d 1230

Trier was charged on May 12, 2010, in Yellowstone County with driving under the influence and failing to carry proof of insurance.
The Justice Court scheduled an omnibus hearing for Sept. 9, 2010 and a trial without a jury for Nov. 4, 2010, warning that default in appearance waives the right to a jury trial.
Trier demanded a jury trial on June 8, 2010, and the State amended the complaint on Nov. 8, 2010 to add an 0.08% BAC alternative charge under § 61-8-406(1)(a), MCA.
Over seven months, Trier filed four continuance motions; the court granted them but kept the final pretrial conference and jury trial on separate dates and reiterated appearance was mandatory with waiver consequences.
The fourth order moved the final pretrial conference to Feb. 28, 2011 and the jury trial to March 4, 2011, and it was mailed to Trier and counsel.
Trier and his counsel failed to appear for the final pretrial conference due to counsel’s calendar error, leading the court to set a non-jury trial, which proceeded on April 7, 2011, resulting in Trier’s conviction on the 0.08% BAC charge and dismissal of other charges; the District Court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did Trier waive his right to a jury trial by not appearing for the final pretrial conference?	Trier's non-appearance triggered a constitutional waiver under Article II, § 26.	The non-appearance was due to counsel's scheduling error and caused no prejudice to the State.	Yes; the waiver was valid and the appeal was properly dismissed.

City of Missoula v. Cox, 2008 MT 364 (Mont. 2008) (jury-trial waiver upon defendant's failure to appear; statutory/constitutional language)
Woirhaye v. Mont. Fourth Jud. Dist. Ct., 1998 MT 320 (Mont. 1998) (unconstitutional forced waiver under former statute; right to jury trial)
State v. Couture, 2010 MT 201 (Mont. 2010) (critical of continuous continuances; trial-management and timely disposition)