Ill. R. Cir. Ct. Dupage Cnty. 30.05

As amended through September 23, 2024

Rule 30.05 - DEFENDANT'S APPEARANCE BY A TWO-WAY AUDIO/VIDEO COMMUNICATION SYSTEM

A criminal defendant may appear in court at pre-trial and post-trial proceedings by way of a two-way audio/video communication system, so long as the following conditions are met:

(a) The Defendant is incarcerated;

(b) The Director of Corrections, Sheriff, or other authority has certified that facilities, including a secure line over which the defendant and the defense attorney may communicate, are available for this purpose; and

(c) The court appearance is for one or more of the following purposes:

(1) The initial appearance before a judge on a criminal complaint, at which bail will be set;

(2) The waiver of a preliminary hearing;

(3) The arraignment on an information or indictment at which a plea of not guilty will be entered;

(4) The presentation of a jury waiver;

(5) Any status hearing; and

(6) Any hearing conducted under the Sexually Violent Persons Commitment Act at which no witness testimony will be taken.

To protect the defendant's underlying constitutional rights, a criminal defendant shall be physically present in court during witness confrontation, the presentation of a defense, impaneling of a jury, and a plea of guilty, unless these rights have been lawfully waived.

This Rule is drafted under the authority of 725 ILCS 5/106D-1, 725 ILCS 5/109-1, and People v. Willie E. Lindsey, 201 Ill. 2d 45 (2002) and People v. Stroud, 208 Ill. 2d 398 (2004). Defendant must waive right to be in court for plea of guilty. Without waiver and admonishment, plea of guilty is vacated.

Ill. R. Cir. Ct. Dupage Cnty. 30.05