Rule 6-102 NMRA
Rule 6-102. 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 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 written 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, a notation shall be
placed in the court’s file stating 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.
D. Closed circuit television recordings. The Administrative Office of the Courts
(AOC) may install closed circuit television systems in the magistrate courts. The
recordings produced by the closed circuit television system do not constitute a record of
court proceedings, and the presence of closed circuit television recording equipment in
the courtroom shall have no effect on the status of the magistrate court as a non-record
court.