Court Rules


Rule 69 - Municipal Divisions

Rule 69.6 - Guilty Pleas

6.1 - DEFENDANTS PRESENCE REQUIRED - WAIVER

No person shall either be tried or permitted to enter a plea of guilty and be sentenced or be granted probation unless he is personally present or the judge, defendant and prosecutor consent to such trial or plea and sentence in the defendant's absence, except:

(1) In furtherance of the above rule, a defendant's attorney of record or a member of the defendant's immediate family, in the discretion of the judge, may consent to defendant's absence and enter a plea of guilty in open court to any charges pending therein.
ADOPTED 12/21/90
(2) In furtherance of the foregoing, defendants desiring to plead "not guilty" to an alleged ordinance violation, but who are located at such physical distance from the court as to make their appearance a great hardship and who desire their case be heard and determined in their absence on evidence presented, may have such case heard when authorized by the division judge before whom docketed. Such defendant, or the local attorney appearing on the defendant's behalf may file defendant's "Affidavit of Defense", in substantial form as shown in Appendix "B", setting out any and all facts supporting all defenses available, and the same may be received by the court and considered with all other evidence presented at the hearing.

6.2 - GUILTY PLEA - WHERE ENTERED

Guilty pleas may be entered either in the courtroom to which summoned or assigned on the date designated or, if permitted, in the court's traffic violations bureau or general violations bureau, or by mail delivered to such violations bureau. The traffic and general violations bureau is established to accept appearance of parties charged in designated traffic ordinance or general ordinance violation cases without the need of such parties to appear in a courtroom. Guilty pleas may be received from such parties on payment of designated fines and costs as established by the respective municipal divisions.