Under what condition may the clerk summon prospective jurors when a defendant does not waive a jury trial?

• A. when the clerk independently issues summons
• B. when the judge issues a writ commanding the clerk to summon a list of citizens from which six qualified persons shall be selected
• C. after a jury trial waiver
• D. the judge issues no writ; the clerk may proceed

Answer: (B)

The step-by-step rule here is that the court must direct the clerk through a formal writ to summon prospective jurors when a defendant does not waive a jury trial. The judge issues a writ commanding the clerk to summon a list of citizens from which six qualified persons shall be selected to serve on the jury. This keeps the process under judicial control and ensures the jury pool is drawn correctly and from an appropriate cross-section of the community. The clerk cannot initiate summons on its own without that writ, and a waiver of trial by jury would mean no jury is required. If no writ is issued, the clerk would not have authority to proceed.