N.M. R. Child. Ct. 10-223A

As amended through November 1, 2024

Rule 10-223A - Physical restraints in the courtroom

A.Purpose. This rule is intended to balance legitimate security needs in court facilities with the purpose of the Children's Code to provide care, protection, and wholesome mental and physical development of children subject to children's court proceedings and to preserve the dignity, decorum, and safety of judicial proceedings involving children.

B.Use of physical restraints in the courtroom; reasonable grounds required. Children shall not be brought before the court wearing any physical restraint devices except as ordered by the court during or prior to the hearing, based on particularized security needs relating to the facility, available security personnel and other resources, individualized determinations in a particular case, or other reasonable grounds supporting a need for physical restraints. In proceedings before a jury, every reasonable effort must be made to avoid the jury's observation of the child in physical restraints.

C.Challenge to the use of restraints. Before or after any child is ordered restrained, the court shall permit any party to be heard on the issue of whether reasonable grounds exist for use of physical restraints in a particular situation or as to a particular child.

N.M. R. Child. Ct. 10-223A

Approved by Supreme Court Order No. 11-8300-033, effective for cases pending or filed on or after9/30/2011; suspended by Supreme Court Order No. 11-8300-036, effective 9/1/2011; as amended by Supreme Court Order No. 12-8300-014, effective for all cases pending or filed on or after4/9/2012.

Committee commentary. - This rule is intended to express the policy of not having children in physical restraints inside the courtroom except where required by legitimate security concerns in a particular case, at a location in general, or in light of other relevant temporary or permanent circumstances. It does not control transport procedures or other matters outside the courtroom. The rule requires no particular formality in timing or mode of raising or addressing security concerns and permits a presiding judge to promulgate and evaluate either general or specific requirements as the need may arise.

ANNOTATIONS The 2012 amendment, approved by Supreme Court Order No. 12-8300-014, effective April 9, 2012, required a showing of the particularized security needs for restraints based on the facility, available security personnel and other resources, and the individual to be restrained; in Paragraph A, after "This rule is intended to", deleted "further" and added "balance legitimate security needs in court facilities with", after "decorum", added "and safety", and deleted the former second sentence, which prohibited indiscriminate shackling of children; in Paragraph B, in the first sentence, after "as ordered by the court", added "during or", and after "based on", deleted "an individualized determination that reasonable grounds for the use of physical restraints exist. This includes children in residential care or any other treatment facility" and added the remainder of the sentence, and added the second sentence; added a new Paragraph C; deleted former Paragraph C, which specified the elements of proof required to determine the need for restraints; deleted former Paragraph D, which placed the burden of proof on the children's court attorney; deleted former Paragraph E, which provided the procedure for determining the need for restraints; deleted former Paragraph F, which provided the procedure for challenging the use of restraints; and deleted former Paragraph G, which provided that an order permitting restraints remained in effect at subsequent hearings. Compiler's note. - Pursuant to Supreme Court Order No. 11-8300-036, effective September 1, 2011, the implementation of Rule 10-223A and Forms 10-426 and 10-427, which would have become effective September 30, 2011, is suspended until further order by the court.