Miss. R. Crim. P. 10.2

As amended through March 21, 2024

Rule 10.2 - Consequences of Defendant's Disruptive Behavior

(a)Disruptive Conduct. A defendant who engages in disruptive or disorderly conduct may be removed and shall forfeit the right to be present at that proceeding.

(b)Restoration of Right. The court shall grant any defendant so removed reasonable opportunities to return to the court upon the defendant's personal assurance of good behavior and/or such other conditions as the court may require. Any subsequent disruptive conduct on the part of the defendant may result in removal.

(c)Continuing Duty of Court. If feasible, the court shall employ reasonable means to enable a defendant removed from a proceeding under this Rule to hear, observe or be informed of the further course of the proceeding, and to consult with counsel at reasonable intervals.

Miss. R. Crim. P. 10.2

Adopted eff. 7/1/2017.

Comment

Rule 10.2 is based upon Illinois v. Allen, 397 U.S. 337, 90 S. Ct. 1057, 25 L. Ed. 2d 353 (1970), r'hg den. 398 U.S. 915. Under Rule 10.2(a), a defendant, by disruptive conduct, may forfeit the right to be present, even in circumstances where the right could not be waived under Rule 10.1(b)(2). If the defendant is pro se, the court should consider appointing advisory counsel even if the defendant had refused to accept appointed counsel.

Section (c) is intended to encourage use of any practical audiovisual devices in communicating the progress of the proceeding to the defendant.

The court's contempt power also is applicable to such situations. See Rule 32.