Jury Service Reform: S.B. 240 (2005); Amended N.M. Stat. Ann. § 38-5-10.1; Amended N.M. Stat. Ann. § 38-5-2; Amended N.M. Stat. Ann. § 38-5-3.
Provides for: automatic postponement, allowing summoned jurors to reschedule service
Provides for: automatic postponement, allowing summoned jurors to reschedule service within six months of the original date; small business protections, allowing jurors who work for employers with fewer than five employees to postpone service if another employee is summoned within the same time period; leave time protection; and an expansion of juror source lists to include income tax filers. The legislation includes a hardship standard, defining that an excused juror must demonstrate that participating in their service would (1) 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; (2) 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 (3) suffer physical hardship that would result in illness or disease. Hardship would not exist solely because a prospective juror will be absent from employment.
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