Little-Known Ballot Measure Could Have Big Impact

North Carolina is the only state that doesn't allow felony trials to be held before a judge instead of a jury. But that could soon change.

On this year's ballot, there's a measure that would give defendants a choice between the traditional jury trial or one before a judge – a so-called “bench trial.” The ballot measure has gotten little attention, but it could have big implications for the courts.

Jeffrey Welty is an associate professor at the North Carolina School of Government in Chapel Hill. He has co-authored an overview of the implications of the ballot measure. Welty spoke with WFDD's Paul Garber about the advantages, risks as well as some of the history behind the proposed change to the state constitution.

Welty says the measure could lead to more efficient courts.

But it could also lead to "judge shopping," giving defendants a chance to go before judges more likely to rule favorably for them.

Will it pass? Welty says he's not sure - but he looks to the history of ballot measures in the state for a possible answer.