Opinion No.

David Stewart, Executive Director Judicial Discipline Disability Commission 323 Center Street, Suite 1060 Little Rock, AR 72201

Dear Mr. Stewart:

I am writing in response to your request for an opinion on the following:

ACA 16-89-103(b) states that if an indictment is for a misdemeanor the resulting trial may be had in the absence of the defendant.

All of the cases in the annotations to the code section appear to either affirmatively state that the defendant's attorney was present for trial in the absence of the defendant or implies that the defendant's attorney was present.

The question is: Can…