N.M. R. Child. Ct. 10-243.1

As amended through November 1, 2024

Rule 10-243.1 - Adjudication in youthful offender proceedings; time limits

A.Youthful offender offenses. The following time limits shall apply when a notice of intent to seek adult sanctions has been filed and an indictment or bind over order is returned that includes a "youthful offender" offense.

(1)Arraignment. The alleged youthful offender shall be arraigned on the information or indictment within fifteen (15) days after the date of the filing of the information or indictment or the date of arrest, whichever is later.

(2)Time limits for commencement of adjudicatory hearing. The adjudicatory hearing of an alleged youthful offender shall be commenced within six (6) months after whichever of the following events occurs last:

(a) The date of arraignment, or waiver of arraignment, in the children's court of any alleged youthful offender;

(b) If the proceedings have been stayed to determine the competency of the youthful offender to participate at the adjudicatory hearing, the date an order is filed finding the alleged youthful offender competent to participate at the adjudicatory hearing;

(c) If a mistrial is declared or a new adjudicatory hearing is ordered by the children's court, the date such order is filed;

(d) In the event of an appeal, including interlocutory appeals, the date the mandate or order is filed in the children's court disposing of the appeal; or

(e) If the alleged youthful offender is arrested or surrenders in this state for failure to appear, the date or arrest or surrender of the youthful offender.

B.Extensions of time. The children's court may extend the time for commencement of the adjudicatory hearing as set forth in ths paragraph. An order granting an extension shall be in writing and shall state the reasons supporting the extension.

(1) For good cause shown, the children's court may extend the time for commencement of the adjudicatory hearing for six (6) months.

(2) The children's court may grant one (1) additional six (6)-month extension but in doing so shall consider the following factors:

(a) the complexity of the case;

(b) the length of the delay in bringing the alleged youthful offender to adjudication;

(c) the reason for the delay in bringing the alleged youthful offender to adjudication;

(d) whether the alleged youthful offender has asserted the right to a speedy adjudication or acquiesces in the delay; and

(e) the extent of prejudice, if any, to the parties from the delay.

(3) The aggregate of all extensions of time granted by the children's court shall not exceed one (1) year, except upon a showing of exceptional circumstances. An order extending time beyond the one (1)-year limit set forth in this subparagraph shall not rely on circumstances that were used to support another extension.

C.Procedure for extensions of time. The party seeking an extension of time shall file with the clerk of the children's court a motion for extension concisely stating the facts that support an extension of time to commence the adjudicatory hearing. The motion shall be filed within the applicable time limit prescribed by this rule, except that it may be filed within ten (10) days after the expiration of the applicable time limit if it is based on exceptional circumstances beyond the control of the parties or trial court which justify the failure to file the motion within the applicable time limit. A party seeking an extension of time shall forthwith serve a copy thereof on opposing counsel. Within five (5) days after service of the motion, opposing counsel may file an objection to the extension setting forth the reasons for such objection. No hearing shall be held except upon order of the children's court. If the children's court grants an extension beyond the applicable time limit, it shall set the date upon which the adjudicatory hearing must commence.

D.Effect of noncompliance with time limits.

(1) The children's court may deny an untimely motion for extension of time or may grant it and impose other sanctions or remedial measures, as the court may deem appropriate in the circumstances.

(2) In the event the adjudicatory hearing of any person does not commence within the time limits provided in this rule, including any court-ordered extensions, the case shall be dismissed with prejudice.

N.M. R. Child. Ct. 10-243.1

Adopted by Supreme Court Order No. 14-8300-015, effective for all cases filed on or after12/31/2014.

Committee commentary. - The adjudicatory hearing is sometimes described in the Children's Code as the "hearing on the petition" and is the equivalent to a trial in the adult criminal system.

[Adopted by Supreme Court Order No. 14-8300-015, effective December 31, 2014.]