Presence of the accused at trial

proceedings (a) Presence required. The accused shall be present at the arraignment, the time of the plea, every stage of the trial including sessions conducted under Article 39(a), voir dire and challenges of members, the return of the findings, presentencing proceedings, and post-trial sessions, if any, except as otherwise provided by this rule. Attendance at these proceedings shall constitute the accused’s appointed place of duty and, with respect to the accused’s travel allowances, none of these proceedings shall constitute disciplinary action. This does not in any way limit authority to implement restriction, up to and including confinement, as necessary in accordance with R.C.M. 304 or R.C.M. 305. (b) Presence by remote means. as such technology, (1) The military judge may order the use of audiovisual video teleconferencing technology, between the parties and the military judge for purposes of Article 39(a) sessions, subject to the limitations in paragraph (2) of this rule. Use of such audiovisual technology will satisfy the “presence” requirement of the accused only when the accused has a defense counsel physically present at the accused’s location or when the accused consents to presence by remote means with the opportunity for confidential consultation with defense counsel during the proceeding. Such technology may include two or more remote sites as long as all parties can see and hear each other. that interfere with (2) The use of audiovisual technology between the parties and the military judge may be used for a plea inquiry under R.C.M. 910(d), (e), and (f) and for presentencing proceedings before a military judge under R.C.M. 1001, only when there are exceptional circumstances the normal administration of military justice, as determined by the military judge, and with the consent of the accused. Defense counsel must be physically present at the accused’s location during an inquiry prior to the acceptance of a plea under R.C.M. 910(d), (e), and (f) and during presentencing proceedings before a military judge under R.C.M. 1001. (c) Continued presence not required. The further progress of the trial to and including the return of the findings and, if necessary, determination of a sentence shall not be prevented and the accused shall be considered to have waived the right to be present whenever an accused, initially present: (1) Is voluntarily absent after arraignment (whether or not informed by the military judge of the obligation to remain during the trial); or (2) After being warned by the military judge that disruptive conduct will cause the accused to be removed from the courtroom, persists in conduct which is such as to justify exclusion from the courtroom. (d) Voluntary absence for limited purpose of child testimony. (1) Election by accused. Following a determination by the military judge that remote live testimony of a child is appropriate pursuant to Mil. R. Evid. 611(d)(3), the accused may elect to voluntarily absent himself from the courtroom in order to preclude the use of procedures described in R.C.M. 914A. from a (2) Procedure. The accused’s absence will be conditional upon his being able to view the witness’ testimony location. Normally, remote transmission of the testimony will include a system that will transmit the accused’s image and voice into the location as well as courtroom from a remote transmission of the testimony from the child’s courtroom to the accused’s location. A one-way transmission may be used if deemed necessary by the military judge. The accused will also be provided private, contemporaneous communication with his counsel. The procedures described herein shall be employed unless the accused has made a knowing and affirmative waiver of these procedures. (3) Effect on accused’s rights generally. An election by the accused to be absent pursuant to paragraph (c)(1) shall not otherwise affect the accused’s right to be present at the remainder of the trial in accordance with this rule. (e) Appearance and security of accused. (1) Appearance. The accused shall be properly attired in the uniform or dress prescribed by the military judge. An accused servicemember shall wear the insignia of grade and may wear any decorations, emblems, or ribbons to which entitled. The accused and defense counsel are responsible for ensuring that the accused is properly attired; however, upon request, the accused’s commander shall render such assistance as may be reasonably necessary to ensure that the accused is properly attired. (2) Custody. Responsibility for maintaining custody or control of an accused before and during trial may be assigned, subject to R.C.M. 304 and 305, and paragraph (c)(3) of this rule, under such regulations as the Secretary concerned may prescribe. (3) Restraint. Physical restraint shall not be imposed on the accused during open sessions of the court- martial unless prescribed by the military judge.