N.M. R. Crim. P. Dist. Ct. 5-115

As amended through November 1, 2024
Rule 5-115 - 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, other than judicial 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.
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 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, the court shall state on the record, outside the presence of the jury, 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.

N.M. R. Crim. P. Dist. Ct. 5-115

As amended by Supreme Court Order No. 05-8300-017, effective October 11, 2005; as amended by Supreme Court Order No. 13-8300-018, effective for all cases pending or filed on or after December 31, 2013.

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.