N.M. R. Crim. P. Magist. Ct. 6-102

As amended through August 23, 2024

Rule 6-102 - Conduct of court proceedings

A.Judicial proceedings. Judicial proceedings should be conducted with fitting dignity and decorum, in a manner conducive to undisturbed deliberation, indicative of their importance to the people and to the litigants and in an atmosphere that bespeaks the responsibilities of those who are charged with the administration of justice.

B.Nonjudicial proceedings. Proceedings designed and carried out primarily as ceremonies, and conducted with dignity by judges in open court, may properly be photographed in, or broadcast from, the courtroom with the permission and under the supervision of the court like all other court proceedings in accordance with Rule 23-107 NMRA.

C.Appearance of the defendant and witnesses before the court. A defendant shall not be required to appear before the jury in distinctive clothing that would give the appearance that the defendant is incarcerated. Except by written order of the court, the defendant may not appear before the jury in any visible restraint devices, including handcuffs, chains, or stun belts, a visible bullet proof vest, or any other item which, if visible to the jury, would prejudice the defendant in the eyes of the jury. When the defendant appears in court for a jury trial in any restraint device, a notation shall be placed in the court's file stating the kind of restraint device used and the reasons why the defendant is being restrained. Before requiring a witness to appear before the jury in prison clothing or any visible restraint, the court shall balance the need for courtroom security and the likelihood of prejudice to the defendant in the eyes of the jury.

D.Closed circuit television recordings. The Administrative Office of the Courts (AOC) may install closed circuit television systems in the magistrate courts. The recordings produced by the closed circuit television system do not constitute a record of court proceedings, and the presence of closed circuit television recording equipment in the courtroom shall have no effect on the status of the magistrate court as a non-record court.

N.M. R. Crim. P. Magist. Ct. 6-102

As amended, effective 9/2/1997;5/5/1998; as amended by Supreme Court Order No. 08-8300-007, effective 1/29/2008; as amended by Supreme Court Order No. 13-8300-018, effective for all cases pending or filed on or after12/31/2013; as amended by Supreme Court Order No. 16-8300-021, effective for all cases pending or filed on or after12/31/2016; as amended by Supreme Court Order No. 18-8300-020, effective 12/31/2018.

Committee commentary. - The Committee added Paragraph C to ensure that defendants are not prejudiced because of being restrained before the court. The court is required under Paragraph C to place a notation in the court's file regarding the kind of restraint device used and the reasons why the defendant is being restrained.

[Adopted by Supreme Court Order No. 13-8300-018, effective for all cases pending or filed on or after December 31, 2013.]

ANNOTATIONS The 2018 amendment, approved by Supreme Court Order No. 18-8300-020, effective December 31, 2018, removed language related to the prohibition of taking photographs in the courtroom during judicial proceedings, and clarified that any photographing and broadcasting of certain court proceedings is subject to Rule 23-107 NMRA; in Paragraph A, deleted "The taking of photographs in the courtroom during the progress of judicial proceedings or during any recess thereof, and the transmitting or sound recording of such proceedings for broadcasting by radio or television, introduce extraneous influences that tend to have a detrimental psychological effect on the participants and to divert them from the proper objectives of the trial; and no such action shall be done or permitted."; and in Paragraph B, after "Proceedings", deleted "other than judicial proceedings", and after "supervision of the court", added "like all other court proceedings in accordance with Rule 23-107 NMRA". The 2016 amendment, approved by Supreme Court Order No. 16-8300-021, effective December 31, 2016, in Paragraph A, after "introduce extraneous influences", deleted "which" and added "that", and after "no such action shall be done or permitted", deleted "except as provided by Rule 6-601 NMRA of these rules"; and in Paragraph D, after "the courtroom shall have no effect", deleted "upon" and added "on". The 2013 amendment, approved by Supreme Court Order No. 13-8300-018, effective December 31, 2013, provided for the appearance of defendant and witnesses before the jury, and added Paragraph C. The 2008 amendment, approved by Supreme Court Order No. 08-8300-007, effective January 29, 2008, added Paragraph C. The 1998 amendment, effective May 5, 1998, deleted "or upon express approval of the Supreme Court" at the end of Paragraph A. The 1997 amendment, effective September 2, 1997, inserted "as provided by Rule 6-601 of these rules or" near the end of Paragraph A. Am. Jur. 2d, A.L.R. and C.J.S. references. - Exclusion of public from state criminal trial in order to preserve confidentiality of undercover witness, 54 A.L.R.4th 1156. Exclusion of public from state criminal trial in order to prevent disturbance by spectators or defendant, 55 A.L.R.4th 1170. Exclusion of public from state criminal trial in order to avoid intimidation of witness, 55 A.L.R.4th 1196.