Arizona

Criminal Procedure

Criminal Procedure

Rule 9.2 – Defendants Forfeiture of the Right to be Present Due to Disruptive Conduct

(a)Generally. A defendant who engages in disruptive conduct, after being warned that such conduct will result in expulsion from a proceeding, forfeits the right to be present at that proceeding. At the time of expulsion, the court must inform the defendant that he or she can return upon a promise to the court of future orderly conduct.
(b)Continuing Duty to Permit Participation. After expulsion, the court must use every feasible means to allow the defendant to watch, hear, and be informed of the proceeding’s progress, and to consult with counsel at reasonable intervals. The court should inquire periodically if the defendant wishes to reacquire the right to be present.
(c)Reacquiring the Right. The court must allow the defendant to return to the proceeding if the defendant personally assures the court of future good behavior. If the defendant later engages in disruptive conduct, the court may exclude the defendant from the proceeding without additional warning.

Ariz. R. Crim. P. 9.2

Added August 31, 2017, effective January 1, 2018.

HISTORICAL AND STATUTORY NOTES

Former Rule 9.2, relating to defendant’s forfeiture of right to be present, was abrogated effective January 1, 2018.