N.M. 4th Jud. Dist. Policy Audio Video Recording Devices In Courtrooms Rev 06212024

POLICY ON USE OF VIDEO/AUDIO

RECORDING DEVICES

Purpose and Scope

This policy sets out the permitted and prohibited use of video/audio recording devices in

courthouses of the Fourth Judicial District/Magistrate Courts. The Fourth Judicial District

recognizes that in order to promote and ensure the fair administration of justice and protect the

safety, integrity, and decorum of judicial proceedings occurring in all courthouse facilities in

Guadalupe, Mora and San Miguel Counties, policies and procedures limiting or terminating activity

that is disruptive to court operations or that compromises courthouse security, specifically activity

regarding the use of electronic devices in the courthouse must be enacted. Electronic devices

present security concerns given that they are capable of performing many of the functions of a

computer, have internet access, and can be converted for use as weapons and explosives, which

could be operated remotely. The District having considered the foregoing, being fully advised,

and desiring to ensure the safety and security of each of its court sites orders as follows:

Discretion of Presiding Judges

Nothing in this policy affects the authority of the presiding judge to determine what, if any, use

can be made of audio/video recording devices in a courtroom.

Prohibitions of Use of Audio/Video Recording Devices

Electronic devices are not permitted in any of the courthouses in the Fourth Judicial District

unless specifically authorized by the presiding judge for their courtroom.

For the purpose of this order, electronic devices include cellular phones, smartphones, laptop

computers, devices that wirelessly connect to and pair with computers and smartphones to

transmit data (for example, smart watches), and audio recorders, still cameras and video

cameras.

AI recording bots, such as, but not limited to, note-taking bots or transcript bots are not

authorized for use during hearings or other on-record proceedings even for those authorized to

bring electronic devices into the courthouse. FTR is the official record and is the only approved

software for recording hearings and other on-record proceedings.

Permitted Use of Video/Audio Recording Devices

The following persons are authorized to bring their electronic devices into the Fourth Judicial

District’s courthouse buildings: (1) employees of the Fourth Judicial District Court, both District

Court and Magistrate Court; (2) employees of other judicial districts; (3) employees of the

Administrative Office of the Courts; (4) employees of the District Attorneys’ Office; (5) employees

of the Law Office of the Public Defender; (6) law enforcement employees (i.e., New Mexico State

Police, Sheriff’s officers, City of Las Vegas officers, etc.); (7) attorneys; (8) authorized vendors

(9) authorized contractors (10) United States Postal Service employees; and (11) credentialed

members of the media.

The only type of electronic device permitted in the District’s courthouses are cellular phones and

laptops, and those authorized to bring electronic devices into our courthouses must be able to

identify themselves and the entity they work for by producing their employer-issued badge, bar

card, and/or business card to gain entry with their electronic device.

Permitted Use of Video/Audio Recording Devices

Nothing in this policy affects the authority of the presiding judge to determine what, if any, use

can be made of audio/video recording devices in a courtroom under specific circumstance.

This policy has no bearing on recording policies, procedures and guideline for courtroom

proceedings pursuant to NMSA Rule 23-107.

Publication Bans, Sealing Orders, Restrictions on Publication

Nothing in this policy alters the effect of a publication ban, sealing order or other restriction

imposed by statute, limiting the publication of information.

Anyone using an electronic device to transmit information from a courtroom has the responsibility

to identify and comply with any publication bans, sealing orders, or other restrictions that have

been imposed either by statute or by court order.

Penalties

Failure to abide by the terms of this policy by any person authorized to bring their electronic

device into any of the District’s courthouses will result in revocation of authorization to bring

devices into the building.