Arkansas

Criminal Procedure

Criminal Procedure

Rule 8.7 – Use of Video Conferences in Pretrial Proceedings

(a) If the defendant is confined in a jail, prison, or other detention facility, a first appearance as provided in Rules 8.1 and 8.3 or a pretrial release inquiry as provided in Rule 8.4 may be conducted by video conference as provided in this rule.
(b) Any video conferencing system used under this rule must meet all the following requirements:

(1) All participants in the proceeding must be able to see, hear, and communicate with each other simultaneously during the proceeding.
(2) All participants in the proceeding must be able to see and hear any witnesses who may testify in the proceeding.
(3) All participants in the proceeding must be able to see, hear, and otherwise observe any physical evidence or exhibits presented during the proceeding, either by video, facsimile, or other method.
(4) The video quality of the video conferencing system must be adequate to allow the participants to observe each other’s demeanor and nonverbal expressions as well as the demeanor and nonverbal expressions of any witnesses who testify in the proceeding.
(5) If the defendant is represented by an attorney, the attorney shall, upon request, be provided with the opportunity for confidential communication with the defendant.
(c) As used in this rule, the “participants in the proceeding” mean the judicial officer conducting the proceeding, the prosecuting or deputy prosecuting attorney, the defendant, and, if the defendant is represented by an attorney, the attorney.
(d) An attorney representing a defendant during a video conference may elect to be present either in the courtroom with the presiding judicial officer or in the place where the defendant is confined. With the approval of the court, an attorney may represent a defendant during a video conference from a location other than the courtroom or the place of detention.

Ark. R. Crim. P. 8.7

Rule 8.7 adopted by per curiam order November 15, 2012, effective January 1, 2013.

COMMENT Reporter’s Notes, 2012: This rule was added in 2012 to provide guidance on the use of videoconferencing equipment in pretrial proceedings.