Rule 5-115 NMRA
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.