Rule 1-104. Courtroom closure.

A. Courtroom proceedings open. All courtroom proceedings shall be open to the public unless the courtroom is closed automatically under Paragraph B of this rule or by order of the court under Paragraph E of this rule. An agreement of the parties to close the courtroom shall not constitute a sufficient basis for the issuance of an order for courtroom closure. Unless otherwise ordered by the court, the following persons may be present during a closed courtroom proceeding: the parties and their attorneys, witnesses while testifying, and court employees and security personnel. This rule does not affect the court’s inherent authority to impose reasonable time, place, and manner limitations on public access to the courtroom, including reasonable limitations on broadcasting, televising, photographing, and recording of court proceedings as set forth in Rule 23-107 NMRA. B. Courtroom closure without motion. (1) Unless otherwise ordered by the court, the following proceedings shall be closed automatically: (a) hearings in adoption proceedings as provided by Subsection C of Section 32A-5-8 NMSA 1978; (b) proceedings to detain a person with a threatening communicable disease as provided by Subsection J of Section 24-1-15 NMSA 1978; (c) proceedings for testing as provided by Subsection B of Section 24-2B-5.1 NMSA 1978; and (d) pretrial proceedings under the New Mexico Uniform Parentage Act, as set forth in Section 40-11A-625 NMSA 1978. (2) The requirements set forth in Paragraphs C through E of this rule do not apply to any automatic courtroom closure under this paragraph. C. Motion for courtroom closure. A motion for courtroom closure must advance an interest that overrides the public’s interest in attending the proceeding. When applicable, a motion for courtroom closure should identify any statute, regulation, rule, or other source of law that addresses courtroom closure in the particular type of proceeding. (1) Motion of the court. If the court determines on the court’s own motion that a courtroom proceeding should be closed, the court shall file and serve on each party an order to show cause why the proceeding should not be closed. (2) Motion of a party, or other interested person or entity. A party, or any person or entity with a sufficient interest, may move to exclude the public from any portion of a courtroom proceeding. A written motion for courtroom closure shall be filed and served at least forty-five (45) days prior to the commencement of the courtroom proceeding, unless upon good cause shown the court waives the time requirement. (3) Response. A party opposing a motion for courtroom closure or responding to an order to show cause may file a written response within fifteen (15) days after service of the motion or order to show cause, unless a different time period is ordered by the court. (4) Reply. A party may file a written reply within fifteen (15) days after service of the written response, unless a different time period is ordered by the court. (5) Response by non-party. Any member of the public may file a written response to a motion for courtroom closure at any time before the hearing required under Paragraph D of this rule. The court may grant a party additional time to reply to a response filed by a non-party. (6) Continuance. In the court’s discretion or at the request of the parties, the court may continue a courtroom proceeding to allow time to file written responses or replies. D. Public hearing. Unless the court denies a motion for courtroom closure on the pleadings, the court shall hold a public hearing on any proposed courtroom closure considered under Subparagraph (C)(1) or (C)(2) of this rule. (1) Notice of hearing to the public. Media organizations, persons, and entities that have requested to receive notice of proposed courtroom closures shall be given timely notice of the date, time, and place of any hearing under this paragraph. Any member of the public shall be permitted a reasonable opportunity to be heard at the hearing. (2) In camera review. Although the court is required to hold a public hearing on a motion for courtroom closure, this rule does not preclude the court from holding part of a hearing in camera for the limited purpose of reviewing sensitive or confidential information relevant to the motion. Any evidence or argument tendered to the court for an in camera review that is not ordered to be disclosed shall be placed under seal and preserved for appellate review. The record of the in camera hearing shall not be revealed without an order of the court. E. Order for courtroom closure. An order for courtroom closure shall be in writing, shall articulate the overriding interest being protected, and shall specify the court’s findings underlying the order. The court may order the exclusion of the public from all or part of a courtroom proceeding only if (1) the court concludes that such order is necessary to preserve an overriding interest that is likely to be prejudiced if the courtroom is not closed; (2) the order for courtroom closure is narrowly tailored to protect the overriding interest; and (3) the court has considered reasonable alternatives to courtroom closure.