(1)  Pursuant to CrRLJ 3.4 (d), the court finds good cause to require the defendant’s presence for the following necessary hearings:

(a)  Mandatory pretrial hearings.  The court finds good cause to require the presence of all defendants for Mandatory pretrial hearings to assign   a trial date, conduct omnibus, schedule pre-trial motions and/or resolve the case.

(b)  Motions for continuance of trial date and waiver of speedy trial rights.  The court finds good cause to require the presence of all defendants for Motions for continuance and waiver of speedy trial rights.  A continuance is a critical stage of the proceedings and the defendant has the right to appear. A defendant has a constitutional right to a speedy trial and has a right to approve a waiver of speedy trial or object to resetting a trial outside of speedy trial.   

(c)  Firearm surrender compliance reviews. The court finds good cause to require the presence of all defendants at compliance hearings pursuant to RCW 9.41.801.   Verification of timely compliance with the statue has public safety implications. 

(d)  Competency proceedings.  The court finds good cause to require the presence of all defendants at competency review hearings.  A determination of competency and verification the defendant has attended their competency evaluation as ordered has public safety implications and is necessary to ensure the case proceeds to resolution.

(e)  Pretrial release violations.  The court finds good cause to require the presence of all defendants for hearings pursuant to CrRLJ 3.2 (j) to modify release conditions or revoke release on personal recognizance.  A defendant has a due process right to be advised of the allegations of non-compliance with release conditions and to have a hearing regarding those allegations.  The court cannot conduct a hearing pursuant to CrRLJ 3.2(j) in the absence of the defendant.

(f)  Evidentiary hearings conducted pursuant to CrRLJ 3.5 or CrRLJ 3.6.  The court finds good cause to require the presence of all defendants for hearings pursuant to CrRLJ 3.5 and CrRLJ 3.6.  A defendant has a due process right to appear and must be informed of their right to testify at the hearing.

(g)  Motions in Limine.  The court finds good cause to require the presence of all defendants at hearing on motions in limine.  Motions in limine represent a critical stage of the proceedings and the defendant has a right to appear.

(h)  Trial Readiness hearings.  The court finds good cause to require the presence of all defendants for trial readiness hearings for the Court to properly manage the District Court trial calendars.  The court cannot properly assess the readiness of the parties to proceed to trial in the defendant’s absence.  Leaving continuances, dispositions and confirmation of cases to the assigned trial date would unreasonably congest the trial calendar, preclude the Court from determining the need for jurors, impede the timely commencement of  trials  and prevent the Court from fulfilling the responsibility to protect the time for trial rights  of the parties. 

Defendants represented by counsel may waive their appearance at trial readiness if the defendant’s counsel affirms, in writing or in open court (a) the defendant has expressly chosen to appear through counsel, as allowed by CrRLJ 3.4(a), and (b) that counsel has affirmatively determined with the defendant the matter is ready to proceed to trial as scheduled. 

(2)  The court retains the right to require the defendant’s presence at any given stage of the proceedings based on a finding of good cause. 

(3)  All in-custody arraignments, bail hearings and trial settings may be conducted via video conferenced pursuant to CrRLJ 3.4.  Consent to proceed via video conference will be implied for all other hearings, excluding trial, unless an objection is made before or during the hearing.  However, this consent will not be implied if the defendant is not accompanied or represented by counsel at the hearing  A defendant who is not accompanied or represented by counsel must affirmatively give consent on the record to proceed via video conference. 

[Adopted October 1, 2004; Amended June 28, 2017; Amended September 1, 2021]