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 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 like all other court proceedings in accordance with Rule 23-107 NMRA.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. For non-record jury trials, a notation shall be placed in the court's file. 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. Metro. Ct. 7-102
As amended, effective 1/1/1993; as amended by Supreme Court Order No. 13-8300-018, effective for all cases pending or filed on or after12/31/2013; as amended by Supreme Court Order No. 18-8300-020, effective 12/31/2018.Committee commentary. The Committee added Paragraph C to ensure that defendants are not prejudiced because of being 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. For non-record jury trials, a notation shall be placed in the court's file.
[Adopted by Supreme Court Order No. 13-8300-018, effective for all cases pending or filed on or after December 31, 2013.]
ANNOTATIONS The 2018 amendment, approved by Supreme Court Order No. 18-8300-020, effective December 31, 2018, clarified that any photographing or broadcasting of certain court proceedings is subject to Rule 23-107 NMRA; and in Paragraph B, after "Proceedings", deleted "other than judicial proceedings", and after "supervision of the court", added "like all other court proceedings in accordance with Rule 23-107 NMRA". The 2013 amendment, approved by Supreme Court Order No. 13-8300-018, effective December 31, 2013, provided for the appearance of defendant and witnesses before the jury, and added Paragraph C. The 1993 amendment, effective January 1, 1993, deleted the former second sentence in Paragraph A, which limited photography in the courtroom and the transmission or sound recording of proceedings for radio or television except upon approval by the court. Am. Jur. 2d, A.L.R. and C.J.S. references. - 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.