C.M.C.R. 210

(a) In Court.

(1) Arraignment shall be held upon defendant’s first appearance in court, unless

defendant is granted a continuance to seek assistance of counsel, to determine which plea

to enter, or for other good and sufficient reasons. The court shall advise each defendant of

the right to have the arraignment continued upon request for good cause shown, and if no

such request is made, the court may proceed with the arraignment.

(2) Arraignment shall be conducted in open court, and the defendant may appear in

person or by counsel. If a plea of guilty or nolo contendere is entered by counsel in the

absence of the defendant, the court may command the appearance of the defendant in

person for the imposition of sentence.

(3) Upon arraignment, the defendant or counsel shall be furnished with a copy of the

complaint or summons and complaint if one has not been previously served.

(4) A defendant appearing without counsel at arraignment shall be advised by the court

of the nature of the charges contained in the complaint and of the maximum penalty which

the court may impose in the event of a conviction; in addition, the court shall inform the

defendant of the following rights:

(I) To bail;

(II) To make no statement, and that any statement made can and may be used against

the defendant;

(III) To be represented by counsel, and, if indigent, the right to appointed counsel as

applicable;

(IV) To have process issued by the court, without expense to the defendant, to compel

the attendance of witnesses in defendant’s behalf;

(V) To testify or not to testify in defendant’s own behalf;

(VI) To a trial by jury where such right is granted by statute or ordinance, together

with the requirement that the defendant, if desiring a jury trial, demand such trial by jury

in writing within 21 days after arraignment or entry of a plea; also the number of jurors

allowed by law, and of the requirement that the defendant, if desiring a jury trial, tender to

the court within 21 days after arraignment or entry of a plea a jury fee of $25 unless the fee

be waived by the judge because of the indigence of the defendant.

(VII) To appeal.

(b) At Office of Court Clerk or Violations Bureau.

(1) Except where arraignment and immediate trial are available, the court, in order to

eliminate unnecessary court appearances, may provide that a defendant desiring to enter a

plea of not guilty may enter an appearance and such a plea at the clerk’s office or violations

bureau, in person or by counsel, and have the case assigned for trial at a future date. The

clerk shall furnish notice of such entry of plea to the prosecutor without delay.

(2) Before a plea of guilty is received, the defendant shall be arraigned in court as

provided in section (a) above, unless the offense is included in a uniform schedule of fines

imposed by the court in accordance with the provisions of subsection (5) below, and the

defendant elects such procedure.

(3) Under the conditions specified in subsection (4) herein, a court where authorized

may establish a procedure for the payment to the court clerk or violations bureau according

to a schedule of fines. In such matters the violations bureau shall act under the direction

and control of the court.

(4) Any court subject to these rules may by order, which may from time to time be

amended, supplemented, or repealed, designate the violations, the penalties for which may

be paid at the office of the court clerk or violations bureau. In no event shall the order of

reference, or any amendment or supplement thereto, designate for processing any of the

following traffic violations:

(I) Offenses resulting in an accident causing personal injury, death, or appreciable

damage to the property of another;

(II) Reckless driving;

(III) Exceeding the speed limit by more than twenty-four miles per hour;

(IV) Exhibition of speed or speed contest.

(5) Schedule of Fines. The court, in addition to any other notice, by published order to

be prominently posted in a place where fines are to be paid, shall specify by suitable

schedules the amount of fines to be imposed for violations, designating each violation

specifically in the schedules. Such fines shall be within the limits declared by ordinance.

Fines and costs shall be paid to, receipted by, and accounted for by the violations clerk or

court clerk in accordance with these rules.