2. 27(1)Felony or misdemeanor. In felony cases the defendant shall be present personally or by interactive audiovisual closed circuit system at the initial appearance, arraignment and plea, unless a written arraignment form as provided in rule 2.8(1) is filed, and pretrial proceedings, and shall be personally present at every stage of the trial including the impaneling of the jury and the return of the verdict, and at the imposition of sentence, except as otherwise provided by this rule. In other cases the defendant may appear by counsel.2. 27(2)Continued presence not required. In all cases, the progress of the trial or any other proceeding shall not be prevented whenever a defendant, initially present:
a. Is voluntarily absent after the trial or other proceeding has commenced.b. Engages in conduct justifying exclusion from the courtroom.2. 27(3)Presence not required. A defendant need not be present in the following situations:
a. A corporation may appear by counsel for all purposes.b. The defendant’s presence is not required at a reduction of sentence under rule 2.24. 2. 27(4)Regulation of conduct in the courtroom.a. When a defendant engages in conduct seriously disruptive of judicial proceedings, one or more of the following steps may be employed to ensure decorum in the courtroom:
(1) Cite the defendant for contempt.(2) Take the defendant out of the courtroom until the defendant promises to behave properly.(3) Bind and gag the defendant, thereby keeping the defendant present.b. When a magistrate reasonably believes a person who is present in the courtroom has a weapon in the person’s possession, the magistrate may direct that such person be searched, and any weapon be retained subject to order of the court.c. The magistrate may cause to have removed from the courtroom any person whose exclusion is necessary to preserve the integrity or order of the proceedings.
Iowa. R. Crim. P. 2.27
66GA, ch 1245(2), § 1301; 67GA, ch 153, § 75, 76; amendment 1984; Report April 20, 1992, effective July 1, 1992; November 9, 2001, effective February 15, 2002
