N.M. R. Child. Ct. 10-226

As amended through November 1, 2024

Rule 10-226 - Plea agreements in delinquency and youthful offender proceedings

A.Response to petition or youthful offender charging document. The respondent child may:

(1) admit sufficient facts to permit a finding that the allegations of the petition or youthful offender charging document are true;

(2) enter a plea of no contest to the allegations in the petition or youthful offender charging document; or

(3) in the case of a motion for consent decree, stand mute.

B.Alternatives.

(1)In General. The attorney for the state and the attorney for the respondent child may engage in discussions with a view toward reaching an agreement that, upon the entering an admission, no contest or a consent decree to a charged offense or to a lesser or related offense, the attorney for the state will move for dismissal of other charges, or will recommend or not oppose the imposition of a particular disposition, or will do both. The court shall not participate in any such discussions.

(2)Conditional plea. With the approval of the court and the consent of the state, a respondent child may enter a conditional admission, plea of no contest, or a consent decree in writing reserving the right, on appeal from the judgment, to review of the adverse determination of any specified pre-trial motion. A respondent child who prevails on appeal shall be allowed to withdraw the plea.

(3)Youthful offender proceedings. The court in a youthful offender proceeding shall not accept a plea agreement that purports to do both of the following:

(a) imposes adult sanctions on a youthful offender; and

(b) relieves the court of its duty to hold an amenability hearing as that term is defined in Rule 10-247(A) NMRA.

C.Notice. If a plea agreement has been reached by the parties which contemplates entry of an admission, a plea of no contest, or a consent decree, it shall be reduced to writing substantially in the form approved by the Supreme Court. The court shall require the disclosure of the agreement in open court at the time the plea is offered and shall advise the defendant as required by Paragraph H of this rule. If the plea agreement was not made in exchange for a guaranteed, specific disposition and was instead made with the expectation that the state would only recommend a particular disposition or sentence and not oppose the respondent child's request for a particular disposition or sentence, the court shall inform the respondent child that such recommendations and requests are not binding on the court. Thereupon the court may accept or reject the agreement, or may defer its decision as to acceptance or rejection until after there has been an opportunity to consider any social, diagnostic, or other predisposition or presentence report.

D.Acceptance of Plea.

(1)Guaranteed, specific disposition. If the court accepts a plea agreement that was made in exchange for a guaranteed, specific disposition, the court shall inform the respondent child that it will impose in the judgment and disposition the disposition provided for in the plea agreement.

(2)No guaranteed, specific disposition. If the court accepts a plea agreement that was not made in exchange for a guaranteed, specific disposition, the court shall inform the respondent child that it may impose in the judgment and disposition any disposition authorized by law. If the respondent child is an alleged youthful offender, the court shall inform the respondent child that it may impose any disposition or sentence that is authorized by law, up to and including the maximum adult sentence.

E.Rejection of Plea. If the court rejects a plea agreement, the court shall inform the parties of this fact, advise the respondent child personally in open court that the court is not bound by the plea agreement, afford either party the opportunity to withdraw the agreement, and advise the respondent child that if the respondent child persists in an admission, plea of no contest, or a motion for a consent decree, the disposition or sentence of the case may be less favorable to the respondent child than that contemplated by the plea agreement. This paragraph does not apply to a plea for which the court rejects a recommended or requested disposition or sentence but otherwise accepts the plea.

F.Time of Plea Agreement Procedure. Except for good cause shown, notification to the court of the existence of a plea agreement shall be given at such time, as may be fixed by the court.

G.Inadmissibility of Plea Discussions. Evidence of an admission, later withdrawn, a plea of no contest, or a consent decree, or of an offer to admit, to not contest, or to enter a consent decree to the crime charged or any other crime, or of statements made in connection with any of the foregoing pleas or offers, is not admissible in any civil or criminal proceeding against the respondent child who made the plea or offer.

H.Inquiry of Respondent Child. The court shall not accept an admission or a no contest plea, or grant a motion for consent decree, without addressing the respondent child in open court and determining that the respondent child understands:

(1) the allegations or charges to which the plea is offered;

(2) the possible dispositions authorized by the Children's Code for the offense, which for an alleged youthful offender may include up to the maximum adult sentence;

(3) the right to deny the allegations or charges in the charging document and to have a trial on the allegations or charges;

(4) that an admission, no contest plea, or motion for consent decree accepted by the court waives the right to a trial;

(5) that, if the respondent child admits, pleads no contest, or enters into a consent decree, it may have an effect upon the respondent child's immigration and naturalization status, and the court shall determine that the respondent child has been advised by counsel of the immigration consequences of a plea; and

(6) for youthful offenders

(a) that, if the respondent child receives an adult sentence for a crime of domestic violence or a felony, a plea of guilty or no contest may affect the respondent child's constitutional right to bear arms, including shipping, receiving, possessing, or owning any firearm or ammunition, all of which are crimes punishable under federal law for a person convicted of domestic violence or a felony;

(b) that registration as a sex offender is or may be required if the respondent child receives an adult sentence after pleading guilty or no contest to a crime for which such registration is or may be required, and the court shall determine that the respondent child has been advised by counsel of the registration requirement under the Sex Offender Registration and Notification Act; and

(c) that, if the respondent child receives an adult sentence, any conviction will be considered a prior conviction as permitted by law.

I.Ensuring Voluntariness. The court shall not accept an admission or plea of no contest, or grant a motion for consent decree, without addressing the respondent child in open court and determining that the admission, no contest plea, or motion for consent decree is voluntary and not the result of force or threats except promises made as part of the plea agreement or motion for consent decree. The court shall also inquire of the respondent child, defense counsel, and the attorney for the government about whether the respondent child's willingness to make an admission, plead no contest, or enter into a consent decree results from prior discussions between the attorney for the government and the respondent child or the respondent child's attorney.

J.Factual Basis. The court shall not enter a disposition or consent decree without making such inquiry as shall satisfy it that there is a factual basis for the allegations or charges in the charging document. In determining the existence of a factual basis in the case of a no contest plea or a motion for consent decree, the court shall not require any statement or admission from the respondent child.

K.Form of Written Pleas. A plea and disposition agreement or a conditional plea shall be submitted substantially in the form approved by the Supreme Court.

L.Record of proceedings. A verbatim record of the proceedings at which the respondent child enters a plea shall be made and, if there is an admission, a plea of no contest, or a consent decree, the record shall include, without limitation, the court's advice to the respondent child, the inquiry into the voluntariness of the plea including any plea agreement, and the inquiry into the accuracy of the admission, plea of no contest, or consent decree.

N.M. R. Child. Ct. 10-226

Adopted, effective 8/1/1999; Rule 10-224.1 NMRA, recompiled and amended as Rule 10-226 NMRA by Supreme Court Order No. 08-8300-042, effective 1/15/2009; as amended by Supreme Court Order No. 14-8300-015, effective for all cases filed on or after12/31/2014.

ANNOTATIONS The 2014 amendment, approved by Supreme Court Order No. 14-8300-015, effective December 31, 2014, completely rewrote the rule; in the title, after "agreements", added "in delinquency and youthful offender proceedings"; deleted former Paragraph A which prohibited the court from participating in plea discussions and required that a plea and dispositions agreement be in the form approved by the Supreme Court; deleted former Paragraph B which required the court to disclose a plea and disposition agreement in open court before accepting it; deleted former Paragraph C which provided that if the court rejected an agreement, the court was required to inform the parties and the child personally in open court that the court had rejected the agreement and was not bound by it and to advise the child that if the child admitted the allegations or pleaded no contest, the disposition of the case might be less favorable to the child than contemplated in the agreement; and added Paragraphs A through L. The 2008 amendment, approved by Supreme Court Order No. 08-8300-042, effective January 15, 2009, in Paragraphs A and C, changed "child" to "respondent child"; in Paragraph B, deleted "at the time the admission is offered" and deleted the sentence which provided that the court may accept or reject the agreement or may defer its decision until there has been an opportunity to consider a report from the probation department; and in Paragraph C, changed "admitting the allegations" to "admitting the allegations or pleading no contest". Recompilations. - Pursuant to Supreme Court Order No. 08-8300-042, Rule 10-224.1 NMRA was recompiled as Rule 10-226 NMRA, effective January 15, 2009.