Local Rule LR2-111. Transportation of incarcerated and in-custody persons for hearings and trial; dress.

[Related Statewide Rule 5-502 NMRA] A. Submission of transportation orders. Except as described below, a court order is required for the transportation for trial, hearing, or other proceeding of any person under the jurisdiction of the Second Judicial District and incarcerated or in custody at the New Mexico State Penitentiary, New Mexico Youth Diagnostic Development Center, Metropolitan Detention Center (“MDC”), Bernalillo County Youth Services Center (“BCYSC”), state hospital, or other such institution. Nothing in this rule precludes the court from developing an administrative process to ensure transportation from the MDC and BCYSC. In criminal, delinquency, and youthful offender cases, a transportation order is not required for transportation from MDC and BCYSC. The prosecutor shall submit a proposed transportation order for all proceedings and shall serve an endorsed copy of the transportation order on the institution in such a manner that the copy is received at least twenty-one (21) days before the date of the requested transport. If the proceeding is scheduled in fewer than twenty-one (21) days, the prosecutor shall submit the proposed transportation order within one (1) business day of the proceeding being set and serve the institution with an endorsed copy of the transportation order immediately upon receipt of the signed order. Upon court order, incarcerated or in-custody persons should be transported to allow sufficient time for consultation with counsel, if any. This section does not apply to transportation orders obtained under Rule 5-502(D) NMRA. B. Contents of proposed order. Proposed transportation orders shall include the following: (1) the full name and any aliases of the person to be transported and that person’s date of birth and social security number; (2) the applicable case number and caption; (3) the designated transporting agency (usually the sheriff of the appropriate county); (4) the place where the person is incarcerated or in custody; (5) the place(s) where the person is to be transported; (6) the reason for the transport; (7) the place, date, and time of the proceeding and, if known, the length of such proceeding; (8) the date the person is to be returned, if applicable; and (9) the requirement, if any, for civilian clothing. C. Notice to Metropolitan Detention Center. The criminal clerk shall notify MDC of criminal trials and other hearings for defendants in custody or incarcerated at MDC. MDC personnel shall transport these defendants to the hearings. D. Notice to BCYSC. The Children’s Court clerk shall notify BCYSC of proceedings in Children’s Court for respondent children in custody or incarcerated at BCYSC. BCYSC personnel shall transport these respondent children to the hearings. E. Inmates’ dress. The incarcerating or custodial institution shall permit inmates appearing for jury trials to be clean and dressed in civilian clothing unless otherwise ordered by the court. [LR2-113 recompiled and amended as LR2-111 by Supreme Court Order No. 16-8300- 015, effective for all cases pending or filed on or after December 31, 2016; as amended by Supreme Court Order No. S-1-RCR-2024-00120, effective for all cases filed on or after December 31, 2025.]