Selection Fields
Legislative Intent
38-5-5.1. Legislative declaration.
It is the policy of this state that all qualified citizens have an obligation to serve on juries and to give truthful information concerning attitudes, opinions and feelings about topics relevant to the proceeding for which they are called to serve when summoned by the courts of this state.
Definitions
N/A
Source of jury master lists are drawn (e.g., voter registration, state income tax, etc. )?
38-5-3. Source for juror selection.
A. Each county clerk shall make available to the secretary of state a database of registered voters of the clerk’s county. The secretary of state shall preserve and make available to the department of information technology, by electronic media, a database of New Mexico registered voters, by county, which shall be updated every six months. The director of the motor vehicle division of the taxation and revenue department shall make available by electronic media to the department of information technology a database of driver’s license holders in each county, which shall be updated every six months. The secretary of taxation and revenue shall make available to the department of information technology, by electronic media, a database of New Mexico personal income tax filers by county, which shall be updated every six months. The updates shall occur in June and December.
B. The department of information technology shall program the merger of the registered voter, driver’s license and personal income tax filer databases from each county to form a master jury database and write a computer program so that a random selection of jurors can be made. A discrimination shall not be exercised except for the elimination of persons who are not eligible for jury service. The administrative office of the courts shall provide specifications for the merging of the registered voter, driver’s license and personal income tax filer databases to form the master jury database. The master jury database shall be the database that produces the random jury list for the selection of petit or grand jurors for the state courts.
C. The secretary of veterans’ services and the adjutant general of the department of military affairs shall make available, by electronic media, to the administrative office of the courts a database of service members who were killed or missing in action during military service, which shall be updated every six months. The administrative office of the courts shall remove the names of service members who were killed or missing in action during military service from the master jury database that produces the random jury list for the state courts.
D. The court shall, by order, designate the number of potential jurors to be selected and the date on which the jurors are to report for empaneling. Within fifteen days after receipt of a copy of the order, the administrative office of the courts shall provide the random jury list to the court. The department of information technology shall print the random jury list and jury summons mailer forms within ten days after receiving the request from the administrative office of the courts. Upon issuance of the order, the department of information technology shall draw from the most current registered voter, driver’s license and personal income tax filer databases to create the random jury list.
E. The department of information technology may transfer the master jury database to a court that has compatible equipment to accept such a transfer. The court accepting the master jury database shall transfer the information to a programmed computer used for the random selection of petit or grand jurors.
History
Drawing of juror names from list
38-5-11. Qualifying jury panels.
A. The court shall empanel jurors in a random manner. The judge or the judge’s designee shall preside over the empaneling of a petit jury panel. The district judge or the judge’s designee shall preside over the empaneling of the grand jury panel. Jurors who appear for service shall be questioned under oath as to their eligibility for jury service by the judge or the judge’s designee. Claims of exemption, requests for excuse from service or postponement of service shall be ruled upon by the judge or the judge’s designee.
B. The judge or the judge’s designee shall submit questionnaires to prospective jurors to:
(1) obtain any information that will aid the court in ruling on requests for exemption or excuse from service or postponement of service;
(2) aid the court and the parties in voir dire examination of jurors or in determining a juror’s qualifications to serve on a particular petit jury panel, trial jury or grand jury; or
(3) aid in the determination of challenges for cause and peremptory challenges.
C. The judge or the judge’s designee shall certify a numbered list of the jury panel members’ names when qualified. The certified list of jurors and the questionnaires obtained from jurors shall be made available for inspection and copying by a party to a pending proceeding or their attorney or to any person having good cause for access to the list and the questionnaires.
38-5-13. Drawing and qualifying trial jury.
The district court of each county shall maintain a list of the names of the jurors duly empaneled and present for the trial of a case. The judge shall cause the names to be randomly selected until sufficient names have been drawn to provide the number of jurors required for the trial. The name and number of each juror shall be announced. Twelve or six jurors shall compose a petit jury in the district courts for the trial of civil causes. Twelve jurors shall compose a petit jury in criminal and children’s court cases. Magistrate and metropolitan jury court selection shall be conducted in accordance with supreme court rules.
Procedure for Summoning Jurors
38-5-10. Summoning of jurors; claiming exemption.
Upon drawing a list of jurors for grand jury or petit jury service, the clerk shall issue a summons for each juror ordering his attendance at a time and place as fixed by the district judge or magistrate ordering the drawing. The summons may be served by first class mail or in a manner provided for the service of civil process. A willful failure to appear as ordered in the summons is a petty misdemeanor. Accompanying each summons, the clerk of the court shall submit for the information of the jurors the listing of those classes of persons or qualifications provided by law under which an exemption from jury service may be claimed. Jurors shall be provided a form upon which they may state the facts supporting their eligibility to claim exemption from jury service and to express a claim for exemption.
Prohibition of Discrimination Against Jurors
NM Stat 38-5-3. Source for juror selection.
A. Each county clerk shall make available to the secretary of state a database of registered voters of the clerk’s county. The secretary of state shall preserve and make available to the department of information technology, by electronic media, a database of New Mexico registered voters, by county, which shall be updated every six months. The director of the motor vehicle division of the taxation and revenue department shall make available by electronic media to the department of information technology a database of driver’s license holders in each county, which shall be updated every six months. The secretary of taxation and revenue shall make available to the department of information technology, by electronic media, a database of New Mexico personal income tax filers by county, which shall be updated every six months. The updates shall occur in June and December.
B. The department of information technology shall program the merger of the registered voter, driver’s license and personal income tax filer databases from each county to form a master jury database and write a computer program so that a random selection of jurors can be made. A discrimination shall not be exercised except for the elimination of persons who are not eligible for jury service. The administrative office of the courts shall provide specifications for the merging of the registered voter, driver’s license and personal income tax filer databases to form the master jury database. The master jury database shall be the database that produces the random jury list for the selection of petit or grand jurors for the state courts.
Qualifications
38-5-1. Qualification of jurors.
A. A person who is at least eighteen years of age, a United States citizen, a resident of New Mexico residing in the county for which a jury may be convened is eligible and may be summoned for service as a juror by the courts, unless the person is incapable of rendering jury service because of:
(1) physical or mental illness or infirmity; or
(2) undue or extreme physical or financial hardship.
B. A person who was convicted of a felony and who meets all other requirements for eligibility may be summoned for jury service if the person has successfully completed all conditions of the sentence imposed for the felony, including conditions for probation or parole.
Disqualifications
N/A
Excusal or Exemptions
38-5-2. Exemption from jury service; excusals; service of disqualified juror.
A. A person who has served as a member of a petit jury panel or a grand jury in either state or federal courts within the preceding thirty-six months shall be exempt from sitting or serving as a juror in a court of this state when the person requests to be exempted from service by reason of the exemption granted by this subsection.
B. A person who is seventy-five years of age or older who files an affidavit requesting an exemption from jury service with a local court shall be permanently exempt from jury service.
C. A person may be excused from jury service at the discretion of the judge or the judge’s designee, with or without the person’s personal attendance upon the court, if:
(1) jury service would cause undue or extreme physical or financial hardship to the prospective juror or to a person under the prospective juror’s care or supervision;
(2) the person has an emergency that renders the person unable to perform jury service; or
(3) the person presents other satisfactory evidence to the judge or the judge’s designee.
D. A person requesting an exemption or an excuse from jury service shall take all necessary action to obtain a ruling on the request no later than the date on which the person is scheduled to appear for jury duty.
E. The judge, in the judge’s discretion, upon granting any excuse, may disallow the fees and mileage of the person excused.
F. The service upon a jury of a person disqualified shall, of itself, not vitiate any indictment found or any verdict rendered by that jury, unless actual injury to the person complaining of the injury is shown.
G. As used in this section and Section 38-5-1 NMSA 1978, “undue or extreme physical or financial hardship":
(1) means circumstances in which a person would:
(a) be required to abandon another person under the person’s care or supervision due to the extreme difficulty of obtaining an appropriate substitute caregiver during the period of jury service;
(b) incur costs that would have a substantial adverse impact on the payment of necessary daily living expenses of the person or the person’s dependent; or
(c) suffer physical hardship that would result in illness or disease; and
(2) does not exist solely because a prospective juror will be absent from employment.
Limited Frequency of Jury Service
38-5-2. Exemption from jury service; excusals; service of disqualified juror.
A. A person who has served as a member of a petit jury panel or a grand jury in either state or federal courts within the preceding thirty-six months shall be exempt from sitting or serving as a juror in a court of this state when the person requests to be exempted from service by reason of the exemption granted by this subsection.
Who handles excusals is prescribed?
**The judge**
C. A person may be excused from jury service at the discretion of the judge or the judge’s designee, with or without the person’s personal attendance upon the court, if:
(1) jury service would cause undue or extreme physical or financial hardship to the prospective juror or to a person under the prospective juror’s care or supervision;
(2) the person has an emergency that renders the person unable to perform jury service; or
(3) the person presents other satisfactory evidence to the judge or the judge’s designee.
D. A person requesting an exemption or an excuse from jury service shall take all necessary action to obtain a ruling on the request no later than the date on which the person is scheduled to appear for jury duty.
E. The judge, in the judge’s discretion, upon granting any excuse, may disallow the fees and mileage of the person excused. (N.M. Stat. Ann. § 38-5-2)
Deferral/Postponement of jury service allowed
38-5-10.1. Postponement of petit jury service.
A. A person scheduled to appear for service on a petit jury may request a postponement of the date of initial appearance for jury service. The request for postponement shall be granted if the juror:
(1) has not previously been granted a postponement; and
(2) agrees to a future date, approved by the court, when the juror will appear for jury service that is not more than six months after the date on which the prospective juror originally was called to serve.
B. A subsequent request to postpone jury service may be approved by the court only in the event of an emergency that could not have been anticipated at the time the initial postponement was granted. Prior to the grant of a subsequent postponement, the prospective juror must agree to a future date on which the juror will appear for jury service within six months of the postponement.
C. A court shall postpone and reschedule the service of a summoned juror, without affecting the summoned juror’s right to request a postponement under Subsections A and B of this section, if the summoned juror is:
(1) employed by an employer with five or fewer full-time employees, or their equivalent, and another employee of the same employer is summoned to appear during the same period;
(2) the only person performing particular services for a business, commercial or agricultural enterprise and whose services are so essential to the operations of the business, commercial or agricultural enterprise that the enterprise must close or cease to function if the person is required to perform jury duty; or
(3) required to attend to an emergency as determined by the judge.
Number of petit jurors for jury trial is prescribed?
38-5-12. Petit jury panels; number to be qualified; period of service; time for summoning.
A. The judge shall determine the number of jurors to be summoned for service, the date and time for the appearance of jurors for qualification, the number of jurors to be qualified to provide panels of jurors for trial service and the size of trial jury panels. Procedures such as the use of alternate jury panels should be established where appropriate to lessen the burden of jury service on persons retained on petit jury panels. Jurors may be drawn, summoned and qualified by the judge at any time to supplement jury panels requiring replacement or augmentation. Petit jury panels may be qualified and may serve as the trial needs of the court require without regard to court terms.
B. The supreme court shall establish, by rule, the appropriate length of jury terms. The court shall consider the number of trials held, the availability of jurors and the administrative and financial impact.
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