United States v. Eric Charles Martin, A/K/A Mickey Milton Arrington

NATHANIEL R. JONES, Circuit Judge,

concurring.

I concur in the majority opinion but write separately to emphasize a single point. The manifest importance of the right to trial by jury and the unsatisfactory nature of collateral proceedings prompts me to urge the formulation of a mandatory supervisory rule requiring trial courts to personally interrogate defendants prior to accepting a jury trial waiver. I would follow the lead of those courts which have adopted such a rule. See, e.g., United States v. Scott, 583 F.2d 362 (7th Cir.1978). That approach not only helps to guarantee that all waivers of the essential right to a jury trial will be knowing and intelligent, but does so in a way which most directly advances judicial economy. Rulemaking through the exercise of supervisory powers is particularly appropriate in these circumstances. See United States v. Walters, 638 F.2d 947, 950 (6th Cir.1981). I find the adoption of a clear rule eminently preferable to a mere exhortation which provides little guidance to the district court.