WI · jury_instructions

Wis JI-Criminal SM-18

Defendant's Consent to Proceed by Videoconference - Waiver of Right to be Present Under § 971.04

activein force · 2014-04-01 – presentas-observed

The following is intended for use when a defendant with counsel wishes to waive the

statutory right to be present in the same courtroom as the presiding judge at a proceeding.

See § 971.04 and State v. Soto, 2012 WI 93, 343 Wis.2d 43, 817 N.W.2d 848. If the

defendant is without counsel, it may be necessary to obtain or renew a waiver of counsel.

See SM-30, Waiver and Forfeiture of Counsel.

1. The court should have the participants state their appearances and should identify

where each participant is located.

2. The court should ascertain that the technology is working properly and ask questions

like the following: 1

a. "Can you hear me?"

b. "Can you see me?"

c. "Do you understand that if at any time there is a problem with your ability to

hear or see what is occurring in court today you are to immediately inform the

court?"

d. "Do you understand that if at any time you need to speak privately with your

lawyer, you should inform the court and proper accommodations will be made?"

3. The court should identify for those appearing from a remote location any person in

the courtroom who may not be visible to them. If the litigant or counsel wishes to

physically see a particular individual, the court should accommodate that request if

appropriate.

4. The court should engage in a colloquy with the defendant to ascertain whether the

defendant knowingly, intelligently, and voluntarily consents to the use of

videoconferencing: 2

a. "Do you understand that you have the right to be physically present in the same

courtroom 3 as the presiding judge during this proceeding?"

b. "Do you understand that you are not required to consent to having this

proceeding conducted by videoconferencing?"

c. "Have you discussed this with your lawyer?"

d. "Has anyone made any promises or threats to you in connection with waiving

your right to be present?"

e. "Do you wish to waive your right to be physically present in this courtroom at

this proceeding?"

d. "Do you consent to conducting this proceeding by videoconferencing?"

5. The court should make a finding, on the record, that the defendant knowingly,

intelligently, and voluntarily consents to the use of videoconferencing.

History

Wis JI-Criminal SM-18 (2014). Release No. 52, 4/2014. © 2014, Regents, Univ. of Wis. Prepared by the Wisconsin Criminal Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.

Provenance

Source: wilawlibrary.gov
Retrieved: 2026-09-24
Edition: 2026-09-24
Content hash: 42b790b8ef7269fffbd57744d35a12e6aa20697a74ecb80213f81a65fc167de6

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