Narrative
Juror Compensation Explicitly Addressed State Law
NM Stat 34-9-11. Jury and witness fee fund created; administration; distribution.
A. There is created in the state treasury the “jury and witness fee fund” to be administered by the administrative office of the courts.
B. All balances in the jury and witness fee fund may be expended only upon appropriation by the legislature to the administrative office of the courts for the purpose of paying the costs of:
(1) jurors and prospective jurors;
(2) witnesses of fact or character subpoenaed by the court, the prosecution or the defense;
(3) expert witnesses for grand juries and magistrate courts; and
(4) defending persons whom the court has ordered a public defender to represent, when those persons do not meet the public defender department’s indigency standards.
C. All jury fees that the courts collect from parties requesting civil juries, except for jury demand fees as set forth in Section 35-6-1 NMSA 1978, and interest earned on money in the jury and witness fee fund shall be credited to the fund. Payments shall be made upon certification by judicial agencies of eligible amounts. No part of the fund shall revert at the end of any fiscal year.
D. Payments from the jury and witness fee fund shall be made upon vouchers issued and signed by the director of the administrative office of the courts or the director’s designee upon warrants drawn by the secretary of finance and administration.
Only State Funds Pay
NM Stat 34-9-11. Jury and witness fee fund created; administration; distribution.
A. There is created in the state treasury the “jury and witness fee fund” to be administered by the administrative office of the courts.
B. All balances in the jury and witness fee fund may be expended only upon appropriation by the legislature to the administrative office of the courts for the purpose of paying the costs of:
(1) jurors and prospective jurors;
(2) witnesses of fact or character subpoenaed by the court, the prosecution or the defense;
(3) expert witnesses for grand juries and magistrate courts; and
(4) defending persons whom the court has ordered a public defender to represent, when those persons do not meet the public defender department’s indigency standards.
C. All jury fees that the courts collect from parties requesting civil juries, except for jury demand fees as set forth in Section 35-6-1 NMSA 1978, and interest earned on money in the jury and witness fee fund shall be credited to the fund. Payments shall be made upon certification by judicial agencies of eligible amounts. No part of the fund shall revert at the end of any fiscal year.
D. Payments from the jury and witness fee fund shall be made upon vouchers issued and signed by the director of the administrative office of the courts or the director’s designee upon warrants drawn by the secretary of finance and administration.
State Reimburses Counties Juror Compensation Fees
County Local Funds Solely Pay
Amount Involves Supplement
Per Diem Amount
NM Stat. 38-5-15. Mileage and compensation for jurors.
Persons summoned for jury service and jurors shall be reimbursed for travel in excess of forty miles round trip from their place of actual residence to the courthouse when their attendance is ordered at the rate allowed public officers and employees per mile of necessary travel. Persons summoned for jury service and jurors shall be compensated for their time in attendance and service at the highest prevailing state minimum wage rate.
History
Per Diem Rate Increases After Certain Number of Days
Extended Lengthy Trial Fund Specific Fund
Are Jobs Protected
38-5-18. Employer prohibited from penalizing employee for jury service.
A. An employer shall not deprive an employee of employment or threaten or otherwise coerce the employee because the employee receives a summons for jury service, responds to the summons, serves as a juror or attends court for prospective jury service.
B. An employer shall not require or request an employee to use annual, vacation or sick leave for time spent responding to a summons for jury service, participating in the jury selection process or serving on a jury. Nothing in this subsection requires an employer to provide annual, vacation or sick leave to employees who are not otherwise entitled to those benefits under company policies
Jurors Entitled to Both Juror Compensation
Juror Either Paid by Employer or by State
Transportation Transit Reimbursement
NM Stat 38-5-15. Mileage and compensation for jurors.
Persons summoned for jury service and jurors shall be reimbursed for travel in excess of forty miles round trip from their place of actual residence to the courthouse when their attendance is ordered at the rate allowed public officers and employees per mile of necessary travel. Persons summoned for jury service and jurors shall be compensated for their time in attendance and service at the highest prevailing state minimum wage rate.
Parking Provided Full
Childcare Provided Full
Juror can Return Juror Fees
Payer
Explicit Rule
Yes
Only state funds to pay for jury compensation
Yes
State reimburses county
No
Only county/local funds to pay for jury compensation
No
County/local funds can supplement state compensation
No
Extent of Payment
Explicit employer protections
Yes
Juror entitled to both juror compensation and regular employment wages
No
Juror can only receive one: Juror compensation or regular employment wages
No
Per diem amount
Yes
Per diem rate increases after certain number of days
No
Extended/Lengthy Trial Fund: Specific Funding Source for this additional, extended funding
No
Other Provisions
Transportation/Transit reimbursement
Yes
Parking provided
No
Child care provided/reimbursed
No
Juror can return juror fees, or waive per diem
No
Disclaimer
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