LR6-109 NMRA
Local Rule LR6-109. Court security.
[Related Statute NMSA 1978, §4-41-16 and Related Statewide Rule 5-115 NMRA]
A. Weapons. All deadly weapons, including knives and objects which could be used
to inflict bodily harm, except those carried by court security personnel and law
enforcement officers and those intended for use at a trial or hearing, are prohibited in
the courtroom of each county court building and any other related judicial office. Law
enforcement officers who are witnesses in trials or not part of court security shall not
carry weapons in the courtroom.
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 taken to court
shall at all times be kept separate from court personnel, members of the public, and the
jury. A defendant in custody should not be brought in front of the jury either in prison
clothing or visibly restrained.
(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 or law enforcement agency having custody
of the prisoner.
C. Other precautions.
(1)
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 should promptly
notify the court. The court may implement appropriate security measures on those
occasions.
(3)
During court proceedings where a party is in custody, security personnel
must remain in the courtroom near the prisoner during the entire proceeding.