(1) When the accusatory instrument charges a crime punishable as a felony, the defendant shall appear in person at the arraignment.
(2) When the accusatory instrument charges a crime punishable as a misdemeanor, the defendant may appear in person or by counsel.
(3) The court may require a defendant to appear at the arraignment by simultaneous electronic transmission as provided in ORS 131.045 without the agreement of the state or defendant if the type of simultaneous electronic transmission available allows the defendant to observe the court and the court to observe the defendant.