The judgment of the Appellate Division is reversed substantially for the reasons expressed in Judge Lisa’s opinion. State v. Blann, 429 N.J.Super. 220, 235,
Judge Lisa reviewed the current case law and practice relating to requests by defendants to waive the right to a jury trial. Id. at 240-44,
has ... been advised that (1) a jury is composed of 12 members of the community, (2) a defendant may participate in the selection of jurors, (3) all 12 jurors must unanimously vote to convict in order for a conviction to be obtained, and (4) if a defendant waives a jury trial, a judge alone will decide his/her guilt or innocence.
[Id. at 250,57 A.3d 1102 .]
We rely on our supervisory powers under Article VI, Section 2, Paragraph 3 of the State Constitution to require (1) that an official jury waiver form containing the above four items be prepared for use in connection with Rule 1:8—1(a), and (2) that trial judges engage in a colloquy with defendants that includes those four items, at a minimum, to assess the voluntariness of a waiver request. See State v. Henderson, 208 N.J. 208, 254-55, 270-71,
For reversal and reinstatement—Chief Justice RABNER and Justices LaVECCHIA, ALBIN, PATTERSON, FERNANDEZ-VINA and Judges RODRÍGUEZ (temporarily assigned) and CUFF (temporarily assigned)—7.
Opposed—None.
