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ADMINISTRATIVE ORDER:
REMOTE VIDEO COURT APPEARANCE PROJECT
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        WHEREAS, the costs, security concerns and inconvenience related to certain in-court appearances continue to increase; and

        WHEREAS, technology advancements provide reasonable and suitable means for addressing these problems while safeguarding the constitutional guarantee of access to the courts; and

        WHEREAS, the Supreme Court, in its rule-making and supervisory capacity pursuant to Article 8, Section 3 of the West Virginia Constitution, has authority to establish alternative procedures involving court appearances; and

        WHEREAS, the remote video appearance pilot projects conducted in Cabell and Kanawha Counties have proved successful;

        NOW, THEREFORE, it is hereby ORDERED that the conduct of certain court proceedings is authorized to occur by video, until further order of this Court, in counties heretofore and hereafter designated by this Court's Administrative Director or his designee; and

        IT IS FURTHER ORDERED that the following criminal and civil proceedings be conducted according to existing statutes and court rules and the express provisions of this ORDER using remote video conferencing equipment located at the court, the regional or county jail serving each designated county or other suitably equipped locations.

        Initial appearances, provided that when there is a warrantless arrest which results in a person being detained in a regional jail, the initial appearance shall be conducted in the county where the offense occurred and provided further that the initial appearance of persons arrested in a county other than that from which an arrest warrant issues and who are detained in a regional jail not servicing the county from which the arrest warrant issued shall not be conducted by using remote video conferencing equipment, but instead, that such initial appearances shall be conducted in the presence of a magistrate located in a county in which the regional jail operates and only if the magistrate has a copy of the warrant and criminal complaint;

        Pretrial hearings not involving suppression motions or other evidentiary matters;
    
        Post-conviction habeas proceedings in circuit court;

        Petitions for initial domestic violence protective orders; and

        IT IS FURTHER ORDERED that magistrate courts not initiate use of video for any proceedings as authorized above until the Administrative Director or his designee has expressly granted approval; and

        IT IS FURTHER ORDERED that in Cabell County the testimony of out- of-county forensic or psychological experts in circuit court criminal cases may be taken by means of remote video conferencing equipment; and

        IT IS FURTHER ORDERED that the supervising circuit judge or designee may, by administrative order, establish supplemental procedures consistent with this ORDER for submission to this Court's Administrative Director or his designee for approval prior to implementation; and

        IT IS FURTHER ORDERED that the Administrative Director or his designee may issue directives regarding the processes which are to be followed to effectuate the purposes of this ORDER.

        ENTER this __________ day of May 1999.

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                        LARRY V. STARCHER
                        Chief Justice