A BILL FOR AN ACT ENTITLED: "AN ACT allowing remote appearances by counsel in criminal and certain civil hearings; and providing definitions."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Remote appearance by counsel -- definitions. (1) A court presiding over matters in Title 46 or civil matters when at least one party is represented by counsel assigned pursuant to 47-1-104(4) shall establish a consistent, predictable process for attorneys to appear remotely in the court.
(2) (a) Except as provided in subsection (2)(b), a person's counsel of record and the represented person appearing in a matter under Title 46 or any civil matter may appear remotely for a nonsubstantive hearing.
(b) A court may order an attorney to appear in person for a nonsubstantive hearing if the court finds good cause and issues an order providing the legal and factual basis for good cause at least 5 business days before the hearing.
(3) As used in this section, the following definitions apply:
(a) "Appear remotely" means to participate in a hearing through the use of two-way electronic audio-video communication that allows:
(i) all of the participants to be heard in the courtroom by all present and allows the party speaking to be seen; and
(ii) a defendant or person represented by counsel assigned pursuant to 47-1-104(4) to see and communicate privately with the defendant's or person's attorney.
(b) "Nonsubstantive hearing" means a court event in which the substantive outcome of the matter will not be decided during the event, including:
(i) arraignments and initial appearances;
(iii) status hearings, conferences, or court check-ins;
(iv) hearings for the purpose of scheduling;
(vii) any hearing in which substantive arguments or testimony will not be heard.
NEW SECTION. Section 2. Assigned counsel may appear remotely. As provided in [section 1], an attorney assigned under 47-1-104 to any civil matter may appear remotely for any nonsubstantive hearing.
NEW SECTION. Section 2. Codification instruction. (1) [Section 1] is intended to be codified as an integral part of Title 3, chapter 1, part 3, and the provisions of Title 3, chapter 1, part 3, apply to [section 1].
(2) [Section 2] is intended to be codified as an integral part of Title 47, chapter 1, part 2, and the provisions of Title 47, chapter 1, part 2, apply to [section 2].