Rule 5-114 Decorum of grand jury proceedings.

Committee commentary. — This rule was adopted by the supreme court to provide a procedure for the designation of a bailiff or other security officer to be present during testimony of witnesses.

Subsequent to the adoption of this rule, the legislature amended Section 31-6-4 NMSA 1978 to provide during the taking of testimony before the grand jury for the presence of security officers. Section 31-6-7 NMSA 1978 provides that "the district court shall assign court reporters, bailiffs, interpreters, clerks or other persons as required to aid the grand jury in carrying out its duties". SeeDavis v. Traub, 90 N.M. 498, 565 P.2d 1015 (1977), where prior to the adoption of this rule and the amendment of Section 31-6-4 NMSA 1978, the New Mexico Supreme Court held under former Sections 31-6-4 and 31-6-7 NMSA 1978 that only members of the legal staff of the attorney general and district attorney were authorized to be present during the taking of testimony of the grand jury. Under this rule a bailiff or security officer may be designated to be present at the grand jury only during the taking of testimony, upon a showing that a witness may disrupt the decorum of the proceedings or otherwise create a risk to the safety of the grand jurors. Section 31-6-4 NMSA 1978 (as amended by Laws 1981, Chapter 262, Section 2) provides that such security personnel may be present only by leave of the court and only if they are not potential witnesses or interested parties.