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F I S C A L I M P A C T R E P O R T

SPONSOR

Rodella

ORIGINAL DATE

LAST UPDATED

2/20/07

HB

1255

SHORT TITLE

Excusals from Jury Duty

SB

ANALYST

C. Sanchez

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

Relates to SB 170

SOURCES OF INFORMATION

LFC Files

Responses Received From

Bernalillo County Metropolitan Court (BCMC)

Administrative Office of the Courts (AOC)

SUMMARY

Synopsis of Bill

House Bill 1255 amends NMSA Section 38-5-2 (1978) to allow a person to be excused from jury

service without the person’s personal attendance upon the court.

The bill adds a new Subsection C that provides that a person may be excused from jury service

without attendance upon the court if he or she provides, within the time indicated on the jury

summons, a written request supported by satisfactory evidence for exemption from jury service

due to extreme physical hardship.

The bill also adds a new Subsection D to the above statute that provides that a person who is

excused from jury service due to extreme physical hardship shall not be summoned for jury

service for at least three (3) years from the date of excusal.

House Bill 1255 – Page

2

FISCAL IMPLICATIONS

Passage of the bill will require State Courts to increase the number of summonses that are mailed

per week, and will add an unknown cost to the Court for providing jury panels in jury-eligible

cases.

SIGNIFICANT ISSUES

The bill provides no guidance as to what is to be considered either “extreme physical hardship"

or “satisfactory evidence for exemption from jury service."

According to the Bernalillo Metropolitan Court, courts are experiencing a high rate of excusals

for single parents and caregivers and a similarly high rate of individuals who fail to appear in

response to their jury summonses. As a result, courts are already straining to meet the increasing

number of jury demands. A blanket excusal of three (3) years for extreme physical hardship will

further disrupt the ability to seat panels on jury-eligible cases.

CONFLICT, DUPLICATION, COMPANIONSHIP, RELATIONSHIP

HB 1255 relates to SB 170 which, if passed, will likewise amend NMSA Section 38-5-2 (1978)

to increase the number of individuals who are eligible to be excused from jury service. SB 170

will excuse from jury duty expectant and breast feeding mothers, parents and guardians without

full time employment who have custody of a child under six (6) years of age and caregivers for

the elderly and infirmed.

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

Status Quo

POSSIBLE QUESTIONS

Presently, what accommodations are made for jurors with extremely physical hardship.

CS/csd