2020 New Mexico Statutes
Chapter 34 - Court Structure and Administration
Article 1 - General Provisions
Section 34-1-1 - Court sessions to be public.
Except as provided in the Children's Code [Chapter 32A NMSA 1978] and in other laws making specific provisions for exclusion of the public, all courts of this state shall be held openly and publicly, and all persons whatsoever shall be freely admitted to the courts and permitted to remain so long as they shall observe good order and decorum.
History: Laws 1851, p. 142; C.L. 1865, ch. 27, § 1; C.L. 1884, § 663; C.L. 1897, § 1037; Code 1915, § 1356; C.S. 1929, § 34-103; 1941 Comp., § 16-101; 1953 Comp., § 16-1-1; Laws 1972, ch. 97, § 46.
ANNOTATIONSCross references. — For vesting of judicial power, see N.M. Const., art. VI, § 1.
Applicability of common-law procedure. — The rule of procedure at common law as it existed at the time of our separation from England must govern in the absence of statutory rules of practice. Territory ex rel. Wade v. Ashenfelter, 1887-NMSC-013, 4 N.M. (Gild.) 93, 12 P. 879, appeal dismissed, 154 U.S. 493, 14 S. Ct. 1141, 38 L. Ed. 1079 (1893).
Hearings in chambers are to be avoided. — Courts operate in a forum of full disclosure, and unless there are exceptional reasons, hearings in chambers are to be avoided. 1972 Op. Att'y Gen. No. 72-34.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Place of holding sessions of trial court as affecting validity of its proceedings, 18 A.L.R.3d 572.
