N.M. R. Crim. P. Dist. Ct. 5-115
Committee commentary. - The Committee added Paragraph C to ensure that defendants are not prejudiced because of being unduly restrained before the court. When the court is required under Paragraph C to state on the record the kind of restraint device used and the reasons why the defendant is being restrained, the record should be made outside the presence of the jury whether the restraint device is visible to the jury or not.
[As amended by Supreme Court Order No. 13-8300-018, effective for all cases pending or filed on or after December 31, 2013.]
ANNOTATIONS The 2013 amendment, approved by Supreme Court Order No. 13-8300-018, effective December 31, 2013, required the district court to create a record regarding any restraint device when defendant appears in court for a jury trial in a restraint and to balance courtroom security and the likelihood of prejudice to defendant before requiring a witness to appear before a jury in prison clothing or a restraint; and in Paragraph C, in the title, after "defendant", added "and witnesses", and added the third and fourth sentences. The 2005 amendment, effective October 11, 2005, added Paragraph C relating to restraint devices. Am. Jur. 2d, A.L.R. and C.J.S. references. - Propriety and prejudicial effect of gagging, shackling or otherwise physically restraining accused during course of state criminal trial, 90 A.L.R.3d 17. 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. 23A C.J.S. Criminal Law § 1145 et seq.