OMCLR 3 VIDEO CONFERENCE PROCEEDINGS
1. Preliminary appearances as defined by CrR 3.2(B) and
CrRLJ 3.2.1(d), arraignments as defined by CrR 3.4 and 4.1
and CrRLJ 3.4 and 4.1, bail hearings as defined by CrR 3.2
and CrRLJ 3.2, and trial settings as defined by CrR 3.3 and
CrRLJ 3.3(f), conducted via video conference in which all
participants can simultaneously see, hear, and speak with
each other shall be deemed held in open court and in the
defendant’s presence for the purposes of any statute, court
rule or policy. All video conference hearings conducted
pursuant to this rule shall be public, and the public shall
be able to simultaneously see and hear all participants and
speak as permitted by the Court. Any party may request an
in-person hearing under this section, which may in the
Court’s discretion be granted.
2. Other trial court proceedings including the entry of a
statement of Defendant on Plea of Guilty as defined by CrR
4.2 and CrRLJ 4.2 may be conducted by video conference only
by agreement of the parties, either in writing or on the
record, and upon the approval of the Court pursuant to this
local court rule.
3. The judge, counsel, all parties, and the public must be
able to see and hear each other during video proceedings,
and may speak as permitted by the Court. Video conference
facilities must provide for confidential communications
between attorney and client and security sufficient to
protect the safety of all participants and observers. In
interpreted proceedings, the interpreter must be located
next to the defendant and the proceeding must be conducted
to assure that the interpreter can hear all participants.
4. For purposes of video conference proceedings, the
facsimile signatures of the defendant, counsel, interested
parties and the Court will be treated as if they were an
original signature. This includes all orders on Judgment and
Sentence, No Contact Orders, Statements of Defendant on Plea
of Guilty, and other documents or pleadings as the Court
shall determine are appropriate or necessary.
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