I support this proposed amendment, with the following changes:
Any reference to defendant should also reference defendant's counsel.
Defenses based on identity should not be waived by a telephonic appearance. If a defendant raises a defense based on identity, the court can already set a later hearing and require the defendant's presence to asser the defense.
The rule should not explicitly grant courts the authority to require defendants to post the total amount of sanctions to appear telephonically. Many defendants are unable to pay the entire amount of their fine and make payment arrangement after the fine is imposed, making this appearance impractical for such defendants. The authority to impose this requirement would also have a disparate impact on out-of-state defendants or defendants in rural counties, where traveling to an appearance often requires more than an hour.
Jonathan A. Millet, Esq.
125 North Granite Street
Prescott, Arizona 86301-3001