LIRLJ 2.6 - Infraction Hearings

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

(2) Contested Hearings. Contested hearings shall be held in-person and on the record.

(3) Mitigation Hearings. Mitigation hearings will be held by U.S. Mail, e-mail, or online via the
court’s website. The hearing will be held in chambers and will take place within 120 days
after the defendant filed the response to the notice of infraction.

The court, upon the defendant’s specific request for an in-person hearing, will send notice
of the hearing date. A defendant requesting a remote appearance for their mitigation
hearing may submit their Motion for Virtual Appearance pursuant to LIRLJ 2.6 (4)(a). If the
court approves a virtual appearance, the court will send notice of the Order on Virtual
Appearance and the hearing date. The hearing will be conducted on the record. The court
will advise the defendant on the record and in writing, by mail or email, of its decision and
any penalty imposed. There is no appeal from a decision at a mitigation hearing.

(4) Remote Hearings. The court may, at its discretion and upon proper motion showing good
cause, permit a person to appear remotely for court for a Contested or Mitigation hearing.

(a) A Motion for Virtual Hearing showing good cause why the person should be allowed to
appear virtually for their Contested or Mitigation Hearing may be filed by the defendant,
witness, defendant’s attorney, or witness’s attorney at least five (5) business days before
the hearing date. Remote presence requires the participant to have both audio and video
connection to the hearing, unless otherwise approved by the court. The court will advise
the defendant, witness, or attorney in writing of its Order on Virtual Hearing. The
participant shall appear in person unless they have received an Order on Virtual Hearing
permitting a remote appearance. 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 email, of its
decision and any penalty imposed. A defendant preserves their right to appeal the court’s
decision following a remote Contested hearing.

(c) The court may, at its discretion, schedule a Contested Hearing or Mitigation Hearing or
docket to be held remotely on the record and in open court. In the event the court
schedules a remote hearing or docket, each participant will be notified in writing of the
remote hearing.

[Amended July 1, 2024; Prior July 1, 2022; Prior May 5, 2022; Adopted March 4, 1998]