The systematic and unconstitutional practice of denying misdemeanor defendants’ Sixth Amendment right to jury trial. Client was charged with partner or family member assault which carries a maximum punishment of one year in jail. Client missed a routine court appearance that he was ordered to appear at. The trial court deemed his failure to appear a waiver of his right to jury trial based on language in the Montana State Constitution. However, because he was charged with an offense that had a maximum punishment of over six months, he had a federal Sixth Amendment right to jury trial. Mr. Peabody objected and was overruled by the trial court judge. Client was found guilty at a bench trial, not a jury trial. Mr. Peabody appealed to the intermediate appellate court, and they affirmed the trial court’s ruling. Mr. Peabody appealed to the Montana Supreme Court and after submitting briefs and oral argument before the seven justices, the court reversed by a vote of 5 to 2. The significance was felt beyond Mr. Peabody’s client, as now, no defendant in the state of Montana can ever be denied their Sixth Amendment right to jury trial by failing to appear for court. The Montana Law Review, produced by the University of Montana School of Law, named it as one of the nine most significant cases coming out of the Montana Supreme Court in 2019. Legal Shorts, Significant Montana Cases, 81 Mont. L. Rev. 163 (2020).