(1)  Decision on Written Statements.  The procedure set forth in IRLJ 3.5, allowing decisions on written statements is authorized.

(2)  Remote Hearings Authorized.

(a)  Contested Hearings and Mitigation Hearings shall be held remotely on the record and in open court.  Remote presence requires all participants to have both audio and video connection to the hearing, unless otherwise approved by the court.  Any participant permitted to be remotely present by this rule may be required to be physically present at the discretion of the court.

(b)  The court will advise the defendant on the record and in writing, by mail or e-mail, of its decision and any penalty imposed. A defendant preserves their right to appeal the court’s decision following a remote hearing.

(c)  Nothing in this rule prevents a defendant, attorney, or witness from appearing in-person for a Contested Hearing or Mitigation Hearing.

[Amended July 1, 2022; Prior May 5, 2022; Adopted March 4, 1998]