Rule 1.5. Interactive Audiovisual Systems

(a) Generally If the appearance of a defendant or counsel is required in any court, the appearance may be made by using an interactive audiovisual system that complies with the provisions of this rule. Any interactive audiovisual system must meet or exceed minimum operational guidelines required by ACJA § 5-208 or adopted by the Administrative Office of the Courts.

(b) Requirements If an interactive audiovisual system is used:

(1) the system must operate so the court and all parties can view and converse with each other simultaneously;

(2) a full record of the proceedings must be made consistent with the requirements of applicable statutes and rules; and

(3) provisions must be made to:

(A) allow for confidential communications between the defendant and defendant's counsel before, during, and immediately after the proceeding;

(B) allow the public a means to view the proceedings consistent with applicable law; and

(C) allow for use of interpreter services when necessary and, if an interpreter is required, the interpreter must be present with the defendant absent compelling circumstances.

(c) When a Defendant May Appear by Interactive Audiovisual Means

(1) In the Court's Discretion A court may require a defendant's appearance by use of an interactive audiovisual system without the parties' consent at any of the following:

(A) an initial appearance;

(B) a misdemeanor arraignment;

(C) a not-guilty felony arraignment;

(D) a hearing on a motion to continue that does not include a waiver of time under Rule 8;

(E) a hearing on an uncontested motion;

(F) a pretrial or status conference;

(G) a change of plea in a misdemeanor case;

(H) an informal conference held under Rule 32.7; or

(I) a hearing under Rule 7.7(c).

(2) Generally Not Permitted A court may not require a defendant's appearance by use of an interactive audiovisual system at any trial, contested probation violation hearing, felony sentencing, or felony probation disposition hearing, unless the court finds extraordinary circumstances and the parties consent by written stipulation or on the record.

(3) By Stipulation For any proceeding not included in (c)(1) and (c)(2), the parties may stipulate that the defendant may appear at the proceeding by use of an interactive audiovisual system. The parties must file a stipulation before the proceeding begins or state the stipulation on the record at the start of the proceeding. Before accepting the stipulation, the court must find that the defendant knowingly, intelligently and voluntarily agrees to appear at the proceeding by use of an interactive audiovisual system.

(4) Change in Hearing's Scope If the scope of a hearing expands beyond that specified in (c)(1) and (c)(3), the court must reschedule an interactive audiovisual proceeding and require the defendant's personal appearance.

(v) Victims' Rights

(1) An interactive audiovisual system must allow a victim a means to view and participate in the proceeding and ensure compliance with all victims' rights laws

(2) If the court reschedules a hearing under (c)(4), the victim upon request must be notified of the rescheduled court date