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b. agent (including duty counsel).
14. In general, in-person appearances of an in-custody accused will be
heard before a Judge.
15. Subject to the JCM Assignment of Duties, the JCM will refer a matter
to a Judge:
a. if the matter is being heard before the JCM and a contested issue
b. an accused wishes to enter a guilty plea and deal with sentencing;
c. for any other reason at the JCM’s discretion.
APPEARANCE OF COUNSEL
It is important to note that alternate forms of appearance cannot be accommodated
in all locations. This direction does not require JCMs to accommodate alternate
forms of appearance. The availability of alternate types of appearances
may vary by location.
16. When counsel wishes to attend an in-person scheduled appearance
before a JCM by an alternate means, videoconference or audioconference,
counsel must request prior JCM approval.
17. The process for requesting approval to appear by alternate means is as
a. No later than 12:00 noon of the business day prior to the scheduled
iii. submit a request in-person at the JCMs Office, or
iii. submit a request by email or facsimile (if available in the location)
to the JCM with the following details
1. the reason for the request,
2. the alternate means to be used, and
3. in the case of an appearance by audioconference, the telephone
number at which counsel may be reached for the
b. The telephone number provided to the JCM for the purposes of the
appearance must be a direct land-line number or a mobile telephone
number with acceptable sound quality.
18. Counsel should notify opposing counsel upon receiving JCM approval
to appear by alternate means.