N.M. R. Child. Ct. 10-245.1

As amended through August 23, 2024

Rule 10-245.1 - Jury trial; youthful offender proceedings

A.Waiver. All trials in youthful offender proceedings, where the respondent child has been indicted or bound over for a "youthful offender" offense, shall be by jury, unless the respondent child waives a jury trial. The court shall ensure that any waiver is knowing, intelligent, and voluntary.

B.Number of jurors. In all youthful offender jury trials, the trial shall be to a twelve-member jury.

C.Procedure for trial by jury. Youthful offender proceedings tried by jury shall be tried according to the procedures in the Rules of Criminal Procedure for the District Courts as prescribed by Rule 5-605 NMRA through Rule 5-614 NMRA.

N.M. R. Child. Ct. 10-245.1

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

Committee commentary. - Following the Supreme Court's ruling in State v. Jones, 2010-NMSC-012, 148 N.M. 1, 229 P.3d 474, the Committee found it appropriate to clarify that, to provide children with no fewer rights than adults when facing a potential adult sentence, jury trials in youthful offender proceedings shall proceed with a twelve-member jury and all of the procedural protections granted to adult defendants. A twelve-member jury in youthful offender proceedings is provided for by NMSA 1978, Section 32A-2-16.

The children's court should submit special interrogatories to the jury to support the court's possible consideration of whether the child is amenable to treatment or rehabilitation as a child in available facilities or eligible for commitment to an institution for children with developmental disabilities or mental disorders. See State v. Rudy B., 2010-NMSC-045, 36, 149 N.M. 22, 243 P.3d 726 ("[W]e think it prudent to submit the offense-specific factors in Section 32A-2-20(C)(2), (3) and (4) to the jury during the trial perhaps by way of special interrogatories."); see also UJI 14-9005 NMRA (Children's court; special verdict; amenability specific factors).

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