Commonwealth v. Green

ROACH, Justice.

The Commonwealth appeals the denial of its petition for a writ of prohibition against the Honorable James Green, a Jefferson County District Judge.1 The Commonwealth sought the writ after the District Court granted motions by Davis and Clayton,2 over the Commonwealth’s objection, for bench trials of various misdemeanor traffic violations, including, for both men, first-offense driving under the influence (DUI). At issue is the scope of the Commonwealth’s right to demand that such cases be tried by a jury under RCr 9.26(1). The Jefferson Circuit Court denied the Commonwealth’s…