N.M. R. Child. Ct. 10-244
N.M. R. Child. Ct. 10-244
Committee commentary. - The rule establishes general procedures for both jury and nonjury adjudicatory hearings and, by reference, adopts the specific provisions of Rules 5-606 through 5-611 NMRA of the Rules of Criminal Procedure for the District Courts. However, the procedure for demanding a jury trial and certain other aspects of jury trials established by the Rules of Criminal Procedure for the District Courts are not applicable to jury trials in the children's court under Rule 10-244 NMRA. See commentary to Rule 10-245 NMRA of these rules.
Subsection B of Section 32A-2-16 NMSA 1978 provides that all hearings on petitions alleging delinquency shall be open to the public unless the court makes a finding of exceptional circumstances.
[As amended by Supreme Court Order No. 08-8300-042, effective January 15, 2009.]
ANNOTATIONS The 2008 amendment, approved by Supreme Court Order No. 08-8300-042, effective January 15, 2009, deleted "Delinquency proceedings" from the title. The 1997 amendment, effective February 1, 1997, added "Delinquency proceedings" in the rule heading, and inserted "in delinquency cases" in Paragraph A and "In delinquency cases" in Paragraph B. Recompilations. - Pursuant to Supreme Court Order No. 08-8300-042, Rule 10-227 NMRA was recompiled as Rule 10-244 NMRA, effective January 15, 2009.
Cross references. - For children's court attorney, see Section 32A-1-6 NMSA 1978. For conduct of hearings, see Section 32A-2-16 NMSA 1978. For Rules of Criminal Procedure for the District Courts, see Rule 5-101 NMRA et seq. Nature of proceedings. - Juvenile proceedings to determine "delinquency," which may lead to a commitment to a state institution, must be regarded as "criminal" for purposes of the privilege against self-incrimination. Peyton v. Nord, 1968-NMSC-027, 78 N.M. 717, 437 P.2d 716. Am. Jur. 2d, A.L.R. and C.J.S. references. - Applicability of double jeopardy to juvenile court proceedings, 5 A.L.R.4th 234.