Local Rule LR3-105. Court security; prohibited items; recording of court proceedings.

[Related Statewide Rules 5-115 and 22-101 to -701 NMRA, and Statute NMSA 1978, § 4-41-16] A. Weapons. All deadly weapons, including knives and objects that could be used to inflict bodily harm, except those carried by authorized court security officers, are prohibited in the judicial complex and any other related judicial office. Weapons that are intended for use as trial or hearing exhibits are not subject to this rule. Law enforcement officers who are witnesses shall not carry weapons in the courtroom and shall comply with all applicable sections of the court’s security manual. B. Prisoner procedures. (1) The law enforcement agency having custody of any prisoner appearing for a court proceeding shall be responsible for keeping the prisoner secure while the prisoner is at the judicial complex. That agency shall be responsible for searching the prisoner and keeping the prisoner handcuffed or manacled. Prisoners are to be taken to the holding facility in the judicial complex immediately on arrival, and shall be kept separate from court personnel and members of the public. (2) No attorney shall have the authority to authorize a prisoner to be released from handcuffs or manacles. Law enforcement officers having custody of a prisoner may remove handcuffs or manacles so a prisoner may sign documents or perform other functions necessary for the court proceeding, and as otherwise ordered by the court. (3) Prisoners shall not be allowed to mingle with family members or other persons, except at the discretion of the court after discussion with the law enforcement agency having custody of the prisoner. C. Other precautions. (1) All court users will be required to submit to screening and inspection. Items subject to inspection will include, but not be limited to, coats, jackets, belts, and any other items security deems necessary to be scanned. Metal detectors and physical searches may be used in any case on court order. (2) Any law enforcement officer, court employee, or attorney who believes that an altercation or violent situation may occur at a court proceeding shall promptly notify the court. The court may implement appropriate security measures on such occasions. (3) During court proceedings where a party is in custody, security personnel shall remain in the courtroom near the prisoner during the entire proceeding. D. Other prohibited items. All electronic devices are prohibited from entering the court unless being carried by one of the following individuals for their own use: (1) court employees (including hearing officers and interpreters); (2) attorneys and accompanying support staff members on court business, provided that their possession and use of the otherwise banned items are related to their official duties; (3) adult and juvenile probation officers, CYFD personnel, and other government representatives on official court business; (4) representatives of the media; (5) those individuals who are required to have any of the above items as an ADA accommodation; and (6) any individual exempted from the application of Paragraph D of this rule by order of a judge and court security having been advised of the judge’s exemption order. Any individual that is exempt from Paragraph D of this rule may be required to provide proper identification to court security that reflects the reason for the exemption. Failure to provide identification on request of court security shall result in the prohibited items not being admitted into the judicial complex until proper identification is produced. E. Audio recording of court proceedings, photographs of court proceedings, and video recordings of court proceedings. With regard to broadcasting, televising, photographing, and recording court proceedings, all persons shall comply with the provisions of Rule 23-107 NMRA. The presiding judge has the discretionary power to limit or deny coverage for good cause. In all proceedings before judges, hearing officers, and special commissioners, official court reporters and monitors are responsible for taking the official record. When parties in such proceedings need stenographic services which the official court reporter cannot provide and the managing court reporter so certifies, non-official reporters may be used, unless a non-certified reporter is otherwise permitted under the statewide Rules Governing the Recording of Judicial Proceedings.