New Mexico

Delinquency proceedings: Juvenile delinquency proceedings are open to the public in New Mexico, except where the judge, based on exceptional circumstances, finds it appropriate to conduct a closed hearing. People the court deems to have a proper interest in the case or in the work of the court, including “accredited representatives” of the news media, may attend a closed hearing on the condition that they agree to not reveal information regarding the exceptional circumstances that warranted closure to the general public. Members of the media who are granted admission to a closed hearing and intentionally divulge information obtained during the proceeding can be found guilty of a petty misdemeanor. N.M. Stat. Ann. § 32A-2-16 (West 2012).

Dependency proceedings: In New Mexico, all abuse and neglect hearings are closed to the general public. People the court deems to have a proper interest in the case or in the work of the court, including “accredited representatives” of the news media, may attend a closed hearing on the condition that they agree to not reveal information that would identify any child involved in the proceedings or the parent, guardian or custodian of that child. A child subject to an abuse and neglect proceeding who is present at a hearing may object to the presence of the media. The court may exclude the media if it finds that their presence is contrary to the best interests of the child. Id. § 32A-4-20. Absent a statutory right of access to the courtroom, it is within the juvenile court’s discretion to decide whether to allow the media to attend abuse and neglect proceedings. Albuquerque Journal v. Jewell, 17 P.3d 437, 439 (N.M. 2001). In the Albuquerque Journal case, the state Supreme Court found that the juvenile court did not abuse its discretion in excluding the media from the proceeding because due to the extensive pre-hearing media coverage, they could not maintain the confidentiality of the parties involved, and “confidentiality is a necessary precondition to media access to child abuse and neglect proceedings.” Id. Members of the media who are granted admission to a closed abuse and neglect hearing and intentionally divulge information obtained during the proceeding can be found guilty of a petty misdemeanor. N.M. Stat. Ann. § 32A-4-20.

Delinquency records: In delinquency proceedings, all records, including, among others, related social records, diagnostic evaluations, psychiatric, medical, social-studies and pre-parole reports and supervision histories are privileged and generally not available for public inspection. But members of the public with a legitimate interest in the case or in the work of the court may inspect such records, save mental health and developmental disability records, by court order and an agreement to not release the records. People who intentionally release any delinquency information or records closed to the public can be found guilty of a petty misdemeanor. Id. § 32A-2-32.

Dependency records: In abuse and neglect proceedings, all records, including social records, diagnostic evaluations, psychiatric or psychological reports, videotapes, transcripts and audio recordings of a child’s statement of abuse and medical reports, are confidential and closed to the public. But members of the public with a legitimate interest in the case or in the work of the court may inspect such records by court order. People who intentionally release any abuse and neglect information or records closed to the public can be found guilty of a petty misdemeanor. Id. § 32A-4-33. In cases where a child’s death is allegedly caused by abuse or neglect, the state Children, Youth and Families Department may release the following information: 1) the age and gender of the child; 2) the date of death; 3) whether the child was in foster care or in the home of the child’s parent or guardian at the time of death; and 4) whether an investigation is being conducted by the department. If an investigation is being conducted, then a request for information beyond that listed above will be answered with a statement that a report is under investigation. If it is determined after completion of a child abuse or neglect investigation into a child’s death that abuse or neglect caused the fatality, the following documents will be released upon request: 1) a summary of the department’s investigation; 2) a law enforcement investigation report if it is in the department’s possession; and 3) a medical examiner’s report if it is in the department’s possession. Prior to releasing any of these documents, however, department officials, after consulting with the district attorney, will redact: 1) information that would, in the opinion of the district attorney, jeopardize a criminal investigation or proceeding; 2) identifying information related to a reporting party or any other party providing information; and 3) information that is privileged, confidential or not subject to disclosure under federal or state law. Once these documents have been released, department officials may comment on the case within the scope of the released materials. Id. § 32A-4-33.1.

Restrictions on coverage: New Mexico law allows victims who are 15 years old or younger to testify about sexual offenses outside the presence of the defendant via video-recorded testimony. The statute does not specify whether the media and public may remain in the courtroom during this testimony. Id. § 30-9-17. Pursuant to the state Supreme Court’s rules governing the broadcasting, recording and photographing of court proceedings, the judge has the discretion to prohibit such coverage of juveniles. N.M Sup. Ct. R. 23-107.