Sackett v. Santilli

— Defendant driver Thomas A. Santilli contends that CR 38(d), which provides that a party’s failure to perfect demand for a jury trial in accord with CR 38(b) implies that party’s consent to the waiver of the right to a jury, is unconstitutional under article I, section 21 of our state constitution. Santilli claims the constitution vests the legislature with the exclusive power to “provide for . . . waiving of the jury in civil cases.” Const, art. I, § 21. Holding that section 21 should be read as a limitation on the power of the legislature, not a grant of exclusive authority, we affirm the…