As amended through Rule Change 2024(12), effective July 28, 2024
(a) If the defendant has not previously acknowledged guilt or liability and paid the penalty assessment, the defendant shall appear before the Judicial Officer at the time scheduled for the first hearing.(b) The defendant may appear in person or by counsel, who shall enter an appearance in the case. However, if an admission of guilt or liability is entered, the Judicial Officer may require the presence of the defendant for the assessment of the penalty.(c) If the defendant appears in person, the Judicial Officer shall advise the defendant in open court of the following: (1) The nature of the infraction alleged in the charging document;(2) The penalty and docket fee that may be assessed;(3) The consequence of a failure to appear at any subsequent hearing is the entry of default judgment;(4) The right to be represented by an attorney at the defendant's expense;(5) The right to deny the allegations and to have a hearing before the Judicial Officer.(6) The right to remain silent because any statement made by the defendant may be used against the defendant;(7) Guilt or liability must be proven beyond a reasonable doubt;(8) The right to testify, subpoena witnesses, present evidence, and cross-examine any witnesses for the state;(9) Any answer must be voluntary and not the result of undue influence or coercion on the part of anyone; and(10) An admission of guilt or liability constitutes a waiver of the foregoing rights and right to appeal.(d) The defendant personally or by counsel shall answer the allegations in the charging document either by admitting guilt or liability or by denying the allegations.(e) If the defendant admits guilt or liability, the Judicial Officer shall enter judgment and assess the appropriate penalty and docket fee after determining that the defendant understood the matters set forth in Rule 7(c) and has made a voluntary, knowing, and intelligent waiver of rights.(f) If the defendant denies the allegations, the matter shall be set for final hearing, and the defendant and Officer shall be notified.Adopted April 7, 2022, effective 4/7/2022.