Vt. R. Crim. P. 43
Reporter's Notes-2009 Amendment
Rule 43(c) is amended pursuant to the request of the Court in State v. Brown, 2005 VT 104, at & 15, 179 Vt. 22, 890 A.2d 79, that the Committee address the potential inconsistency between the provision of Rule 43(c)(3) that "defendant's presence is not required at a conference or argument upon a question of law" and the language in the District Court's computer-generated notice form, used for all hearings, that requires defendant's personal presence. In Brown, the Court had overturned a District Court decision forfeiting defendant's bail for nonappearance at a status conference held under Rule 12(e) to determine how to proceed in light of defendant's incarceration on federal charges. Under the amended rule, the defendant's presence is required only at those proceedings specified in subdivision (a). The defendant need not be present at a conference or argument on a question of law and need not be present at other proceedings except as provided in subdivision (a) unless the court otherwise orders.