01/30/2019
Defendant appealed an entry of default judgment. Defendant did not appear at his trial. His attorney attempted to orally waive Defendant’s appearance, but the trial judge denied the waiver attempt and entered a default judgment against Defendant. Defendant argued that his due process rights had been violated because the trial judge “did not allow counsel to waive [Defendant’s] appearance at trial.”
Rule 23(b) of the Rhode Island Traffic Tribunal Rules of Procedure permits an attorney to request an order waiving his “client’s presence at trial.” Such a request must generally be made in writing no later than five days before the court appearance, but can be made orally with permission from the court. Any such request is subject to the trial judge’s discretion. The Appeals Panel held that the trial judge’s decision was not violative of the Defendant’s due process rights because the trial judge acted within his discretion. Accordingly, the Appeals Panel affirmed the trial judge’s entry of default judgment.
State of Rhode Island v. Nicholas Rampone, No. M18-0008 (January 30, 2019).pdf