The constitutional and statutory provisions concerning jury trials must not be interpreted in such a manner as to permit a categorical rule of automatic waiver whenever a defendant fails to appear for a mandatory hearing, particularly where circumstances are present which call into question the defendant's ability to comply with the court's order requiring his appearance. Article II, Section 26 provides that, upon default of appearance, the court "may" be tried without a jury. This language grants the trial court discretion to manage the proceedings and to conduct the trial without a jury where the defendant has failed to appear for a mandatory hearing. City of Missoula v. Girard, 2013 MT 168, ¶ 19, 370 Mont. 443, 303 P.3d 1283.
Whether a defendant's failure to appear results in a waiver of the fundamental right to a jury trial is a conclusion of law based upon an interpretation of the Constitution. City of Missoula v. Cox, 2008 MT 364, ¶ 11, 346 Mont. 422, 196 p.3d 452. We review de novo a district court's conclusions of law and interpretations of the Constitution. Our review of questions involving constitutional law is plenary. City of Missoula v. Cox, 2008 MT 364, ¶ 5, 346 Mont. 422, 196 p.3d 452.
Whether the parties effectively waived the right to a jury trial pursuant to § 46-16-110(3), MCA, is a conclusion of law which we review for correctness. State v. Dahlin, 1998 MT 113, ¶¶ 10, 20, 289 Mont. 182, 961 P.2d 1247.