Rule 403.Pleas and Waivers by Persons Under 18

Article IV. Rules on Criminal Proceedings in the Trial Court · Part A. Waivers and Pleas · Last amended 1983 · Last verified July 20, 2026

In one sentenceRule 403 bars anyone under 18 from pleading guilty or giving up the right to a jury trial without a lawyer present, unless the only possible penalty is a fine.

Full Text of Ill. S. Ct. R. 403

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A person under the age of 18 years shall not, except in cases in which the penalty is by fine only, be permitted to enter a plea of guilty or to waive trial by jury, unless he is represented by counsel in open court.

End

Plain-English Summary

Rule 403 adds an extra safeguard for young defendants. A person under 18 can't plead guilty, and can't waive the right to a jury trial, unless represented by counsel in open court at the time. The rule makes no exception for a minor who wants to handle either of those steps alone.

There's one carve-out: if the charge can only be punished by a fine, the counsel requirement doesn't apply. That distinction tracks the idea that the stakes for a defendant facing nothing but a monetary penalty differ from the stakes for one who could be sentenced to prison.

This rule works alongside Rule 401's waiver-of-counsel admonitions and Rule 402's guilty-plea admonitions; a minor represented by counsel still has to go through those same steps before a plea or waiver is accepted.

Frequently Asked Questions

Can a minor represent themselves and still plead guilty?

No. Rule 403 requires a defendant under 18 to have a lawyer present in open court before pleading guilty, except in cases where the only possible penalty is a fine.

Can a minor waive the right to a jury trial without a lawyer?

Not unless the charge is punishable only by a fine. Otherwise a lawyer must be present in open court.

What happens if the maximum penalty is just a fine?

The counsel requirement in Rule 403 doesn't apply, so a minor can plead guilty or waive a jury trial without a lawyer present.

Does Rule 403 replace the admonitions required under Rule 401 or Rule 402?

No. It adds an extra requirement, representation by counsel, on top of the admonitions those rules already require.

Why does Illinois treat guilty pleas and jury waivers by minors differently from those by adults?

The rule reflects a judgment that a young defendant facing possible imprisonment needs the added protection of a lawyer's presence before giving up a jury trial or entering a guilty plea.

Committee Comments

(June 1970)

This rule is derived from former Rule 401, paragraph (c). The only change in substance is the insertion of the phrase “except in cases in which the penalty is by fine only,” qualifying the requirement of representation by counsel when a person under 18 enters a plea of guilty or waives jury trial. This change conforms to section 113-5 of the Code of Criminal Procedure of 1963.

Amendment History

Adopted June 26, 1970, effective September 1, 1970; amended August 9, 1983, effective October 1, 1983.

Source & verification. Rule text, official Committee Comments, and amendment history are reproduced verbatim from the Illinois Supreme Court Rules, promulgated by the Supreme Court of Illinois. Last verified July 20, 2026. · Official source

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