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Rule 12 Court appearance via two-way audio-video communications in criminal cases

Baldwin's Kentucky Revised Statutes Annotated22nd Judicial Circuit - Fayette Circuit Criminal and Civil Courts

Baldwin's Kentucky Revised Statutes Annotated
22nd Judicial Circuit - Fayette Circuit Criminal and Civil Courts
KY RFCC Rule 12
Rule 12 Court appearance via two-way audio-video communications in criminal cases
Currentness
A. Whenever a defendant's personal presence is required in court in a criminal proceeding and the defendant is confined in the Fayette County Detention Center, the defendant, in the Court's discretion, may appear via two-way audio-video communications between the Court and the Detention Center as follows:
1. Without the defendant's consent in the following proceedings:
(A) Arraignment;
(B) Bond reduction hearing;
(C) Non-evidentiary hearing;
(D) Pretrial conference, and
(E) Preliminary probation revocation hearing.
2. With the consent of the Commonwealth's Attorney and the defendant in the following proceedings:
(A) Guilty plea;
(B) Sentencing;
(C) Final probation revocation hearing, and
(D) Evidentiary hearing, not including trial.
B. The defendant's attorney may be physically present with the defendant at the Detention Center or the defendant's attorney may be physically present at the Fayette County Courthouse and be present with the defendant by means of two-way audio-video communications. If the defendant's attorney is physically present at the Courthouse and is present with the defendant by means of two-way audio-video communications, a secure audio communications device shall be provided whereby the defendant and the defendant's attorney may communicate privately with each other.
C. The two-way audio-video communications will allow the defendant to simultaneously hear and observe the Judge, the Commonwealth's Attorney, the defendant's attorney, if the defendant's attorney is not physically present with the defendant at the Detention Center, and any witness.
D. The proceedings shall be open to the public and the two-way audio-video communications shall be visible and audible to persons present at the proceedings in the Fayette County Courthouse.

Credits

HISTORY: Approved effective January 1, 2004.
Fayette Circuit Criminal and Civil Court Rule 12, KY R FAYETTE CIR CRIM CIV CT Rule 12
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
End of Document