Rule 45. Disruptive Defendant

(Applicable to District Court and Superior Court)

(a) Removal of Defendant. A judge may direct that a defendant be removed from the courtroom during trial if the defendant's behavior becomes so disruptive that the trial cannot proceed in an orderly manner. The judge shall make findings on the record describing the disruptive behavior and explaining how the trial cannot proceed in an orderly manner. At the request of the defendant, the judge shall instruct the jury that the defendant's removal and absence are not to be considered by the jury.

(b) Absence of Defendant.

(i) By defendant's request. If a defendant in custody refuses to be brought into the courtroom or requests to be absent from the courtroom, the trial may proceed without the defendant's presence, in the discretion of the judge.

(ii) Based on prior conduct. If the defendant's prior actions provide a substantial basis for the judge to believe that the defendant's behavior will be so disruptive that the trial cannot proceed in an orderly manner, the judge may request an assurance of good behavior from the defendant. If the defendant declines to provide an assurance of good behavior, the trial may proceed without the defendant's presence, in the discretion of the judge.

(iii) Jury instruction. At the request of the defendant, the judge shall instruct the jury that the defendant's absence is not to be considered by the jury.

(c) Rights of Defendant. A defendant absent from trial under this rule shall be advised that the defendant will be admitted to the courtroom upon request and assurances of good behavior. The judge shall periodically inquire of the defendant, outside the presence of the jury, whether the defendant wishes to be admitted to the courtroom and is willing to provide assurances of good behavior. The defendant shall be provided with the means to contemporaneously hear and, whenever possible, view the proceedings remotely.