Rule 43 Presence of the Respondent
Rule Text
(a) In general. The respondent must be physically present at the initial hearing, at the factfinding hearing, and at the entry of a dispositional order, except as otherwise provided by Rule 43(b) or D.C. Code § 16-2316(f) (2012 Repl.).
(b) Authority for video teleconferencing or telephone conferencing. The court may permit any proceeding to occur by video teleconferencing or by telephone conferencing if:
(A) the respondent consents after consultation with counsel;
(B) the government consents; and
(C) the court makes an inquiry on the record to ensure that:
(i) the respondent’s consent is knowing, voluntary, and intelligent; and
(ii) the respondent has an adequate opportunity to consult confidentially with counsel immediately before, during, and at the conclusion of the proceeding.
(c) Waiving presence.
(1) Voluntary Absence. A respondent who was initially present at the factfinding hearing waives the right to be present where the respondent is voluntarily absent after the factfinding hearing has begun, regardless of whether the court informed the respondent of an obligation to remain during the factfinding hearing. The factfinding hearing may proceed to completion, including the adjudication, during the respondent’s absence.
(2) Upon motion by the respondent, the court may grant a respondent’s waiver of the right to be present at any proceeding.