Appearing By Video

Appearing by Video & When You Must Make A Physical Appearance

Learn important information about new benefits and enhancements, as well as changes that may affect you in 2025.

However, there are certain hearings where you must make a physical appearance on your court date. Unless the court has expressly given permission, you must physically come to court for the following hearings (Please Reference CrRLJ 3.4):

Preliminary Appearance
Arraignment
Pretrial Violation Hearings
Admit or Deny Hearings (Probation Violations)
Trial and Sentencing

Private Communication With Your Attorney

If you are appearing by video in a criminal matter, you must have the ability to have private communication with your attorney during the proceedings. Moreover, during the proceedings you must have the ability to indicate to your attorney or the court that you wish to speak to your attorney privately. If you have the ability to text, instant message or use other software that allows you to immediately communicate with your attorney during the proceedings, please make sure you have made these arrangements with your attorney prior to your court date.

Procedure When Appearing by Video

ATTORNEYS

Please identify yourself and the client you represent. For example, “Atty J. Smith for Jane Doe.” After identifying yourself and the client, you may turn off your video until the case is called.

DEFENDANTS AN OTHER LITIGANTS

Please identify yourself by writing out your full name or be prepared to answer when your case is called. During the entire proceeding, you must maintain a video appearance (video on). Please review the courtroom etiquette prior to logging into Zoom.

COURTROOM OBSERVERS

You do not need to identify yourself. However, you may wish to identify yourself as an “observer” to avoid the court directly inquiring about whether you are a party or witness to any of the proceedings. During the entire proceeding, you must maintain a video appearance (video on). Please review the courtroom etiquette prior to logging into Zoom.

Island County District Court maintains open and public access to courtroom proceedings. The courtroom doors at 800 SE 8^th Avenue, Oak Harbor, WA are open. Historically, video has not been part of an open courtroom. Notwithstanding, this new technology has enhanced an open and transparent judiciary and provided greater access to the community. Nonetheless, physical anonymity (physically identifiable) historically has not been part of an open and public courtroom. Attorneys, defendants, litigants and courtroom observers may appear in-person if they are not comfortable with the above Zoom procedures.

What to Expect When Your Case is Called

When your case is called, the Court will:

Ask you to state your full name.
Inquire whether you are waiving your right to be physical present in court.
Inquire whether you have been in communication with your attorney prior to the hearing
Inquire on whether you have the ability to communicate with your attorney privately during the proceedings
Explain to you that you may either raise a video hand, your physical hand or interrupt the court during the proceedings to request a private breakout session.
A Private Breakout Session: Is an individualized, private and unrecorded video session that the court will create for you and your attorney during the proceedings.
Inform you that if at any point during the proceedings you feel your communication between yourself and your attorney is inadequate, you should (must) interrupt the court so that your case can be set over to another hearing date (where both attorney and client can appear physically in court).

Courtroom Etiquette When Appearing Remotely

Appearing via video is a privilege. Sometimes people forget themselves when they are on video. Video appearances will only be permitted to continue if you abide by the following courtroom etiquette:

BE ON TIME: Log into the correct courtroom on time and wait to be admitted. If you do not wish to be called at the end of the calendar, please list your full name so that we know that you are present in the courtroom. If you are scheduled for court and are attending the open and public hearing, please list yourself as an "observer" if you do not wish to be called.
MUTE YOUR AUDIO: If your audio is not off, please mute it until your case is called. However, be ready to unmute when your case is called, or you are prompted by the court clerk.
VIDEO: Please refer to the above "Procedure When Appearing By Video".
BEHAVE AS IF YOU ARE PHYSICAL PRESENT IN COURT.
DRESS APPROPRIATELY: You need to be in appropriate attire, which includes but is not limited to appropriate pants, shirts and no hats (unless for religious purposes).
STATIONARY IN AND UPRIGHT POSITION: No lounging (lying, sitting or standing in a lazy way). No walking around or being driven in a motor vehicle. Please remember, you are on two 95-inch TV screens when you appear via video. Please do not make yourself a distraction.
PLACEMENT OF YOUR VIDEO: Please place your camera in an appropriate place and manner. You should appear in the video as a horizontal portrait. Please avoid positioning the video too close or at an inappropriate angle. Further, please avoid constantly moving your camera so that your image appears to be constantly bouncing.
NOTHING IN THE BACKGROUND: Turn off televisions, iPads, music, radios or phones. No people, children or pets should be walking, talking or barking in the background.
RECORDING DEVICES: Use of recording devices is prohibited unless approved by the Judge or Commissioner.
NO FOOD, NO GUM, SMOKING OR DRINKING BEVERAGES.
BE RESPECTFUL: You must be quiet in the courtroom when observing a participant. Never use profanity. Always be polite when speaking. Address the Judge or Commissioner by their title or "your honor." Speak clearly and loud enough for the recording to pick up what you are saying. All persons shall refrain from any gestures, conduct or behavior which is manifestly disrespectful to counsel, court, court staff, law enforcement personnel, litigants or witnesses.

Appearing By Video