Rule 10-223A NMRA
Rule 10-223A. Physical restraints in the courtroom.
A. Purpose. This rule is intended to balance legitimate security needs in court
facilities with the purpose of the Children’s Code to provide care, protection, and
wholesome mental and physical development of children subject to children's court
proceedings and to preserve the dignity, decorum, and safety of judicial proceedings
involving children.
B. Use of physical restraints in the courtroom; reasonable grounds required.
Children shall not be brought before the court wearing any physical restraint devices
except as ordered by the court during or prior to the hearing, based on particularized
security needs relating to the facility, available security personnel and other resources,
individualized determinations in a particular case, or other reasonable grounds
supporting a need for physical restraints. In proceedings before a jury, every reasonable
effort must be made to avoid the jury’s observation of the child in physical restraints.
C. Challenge to the use of restraints. Before or after any child is ordered
restrained, the court shall permit any party to be heard on the issue of whether
reasonable grounds exist for use of physical restraints in a particular situation or as to a
particular child.