Local Rule LR2-303. Waivers of arraignment.

[Related Statewide Rule 5-303 NMRA and Form 9-405 NMRA] A. Policy; approval; form. The court’s policy is to encourage defendants to waive arraignment in appropriate circumstances. Waivers of arraignment shall be signed by the defendant and his or her counsel, if any, and approved by the assigned judge. Notice to the prosecutor shall be indicated by the prosecutor’s signature on the waiver of arraignment. Waivers of arraignment shall be in a form approved by the Second Judicial District Court; form waivers shall be available from the criminal clerk. B. Conditions of release. If no conditions of release have been set, the defendant shall submit to the assigned judge a proposed stipulated order setting conditions of release along with the waiver of arraignment or arrange a hearing to set conditions. Form orders setting conditions of release shall be available from the criminal clerk. C. Presentment to law enforcement agency. Before a waiver of arraignment is submitted to the assigned judge for approval, or immediately thereafter, the defendant must present himself or herself at the appropriate law enforcement agency for formal booking and processing on the warrant, if any has been issued. [LR2-403 recompiled and amended as LR2-303 by Supreme Court Order No. 16-8300- 015, effective for all cases pending or filed on or after December 31, 2016.]