CrR
                                RULE 3.4
                        PRESENCE OF THE DEFENDANT

    (a) When Necessary. The defendant shall be present at the
arraignment, at every stage of the trial including the empaneling of the
jury and the return of the verdict, and at the imposition of sentence,
except as otherwise provided by these rules, or as excused or excluded
by the court for good cause shown.

    (b) Effect of Voluntary Absence. The defendant's voluntary absence
after the trial has commenced in his or her presence shall not prevent
continuing the trial to and including the return of the verdict. A
corporation may appear by its lawyer for all purposes. In prosecutions
for offenses punishable by fine only, the court, with the written
consent of the defendant, may permit arraignment, plea, trial and
imposition of sentence in the defendant's absence.

    (c) Defendant Not Present. If in any case the defendant is not
present when his or her personal attendance is necessary, the court may
order the clerk to issue a bench warrant for the defendant's arrest,
which may be served as a warrant of arrest in other cases.

    (d) Video Conference Proceedings.

    (1) Authorization.  Preliminary appearances held pursuant to CrR
3.2.1, arraignments held pursuant to this rule and CrR 4.1, bail
hearings held pursuant to CrR 3.2, and trial settings held pursuant to
CrR 3.3, may be conducted by video conference in which all participants
can simultaneously see, hear, and speak with each other.  Such
proceedings 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 trial court judge.  Any party
may request an inperson hearing, which may in the trial court judge's
discretion be granted.

    (2) Agreement.  Other trial court proceedings including the entry of
a Statement of Defendant on Plea of Guilty as provided for by CrR 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 trial
court judge pursuant to local court rule.

    (3) Standards for Video Conference Proceedings.  The judge, counsel,
all parties, and the public must be able to see and hear each other
during proceedings, and speak as permitted by the judge.  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.

[Amended effective September 1, 1995; December 28, 1999; April 3, 2001.]