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

SPONSOR Rainaldi

ORIGINAL DATE

LAST UPDATED

1/30/07

2/11/07 HB

SHORT TITLE

Increase Jury Service Compensation

SB 373/aSPAC

ANALYST C. Sanchez

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

None

$825.0

Recurring

Jury and Witness

Fee Fund

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

Responses Received From

Administrative Office of the Courts (AOC)

Bernalillo Metropolitan Court

SUMMARY

Synopsis of SPAC Amendment

The Senate Public Affairs Committee Amendment corrects and clarifies original bill by making

technical changes.

On page 2, line 4, after “2008" the amendment inserts “and subsequent fiscal years".

On page 2, line 7, after “shall" the amendment inserts “not".

Synopsis of Original Bill

This bill amends §38-5-15 (NMSA 1978) and makes the hourly reimbursement for jurors $7.50

an hour or the “prevailing state minimum wage rate," whichever is greater. Jurors are

reimbursed for their time at the courthouse. The bill states that unused funds will revert.

Senate Bill 373/aSPAC – Page

2

FISCAL IMPLICATIONS

The bill appropriates $825,000 to the Administrative Office of the Courts, which will go to the

Jury and Witness Fee Fund §34-9-11 (NMSA 1978). Statutorily, all monies in the Jury and

Witness Fee Fund are non-reverting §34-9-11(C) (NMSA 1978). The proposed bill and the

existing statute conflict.

The LFC recommendation includes $412,500 to raise the hourly rate for jurors to $6.50.

Therefore, only language and an additional $412,500 are needed to raise juror pay to $7.50

SIGNIFICANT ISSUES

•

Financial hardship because of low juror pay is one of the most common reasons persons

ask to be excused from jury service. Employers are not required to pay employees who

are serving as jurors. Many small employers do not pay employees on jury duty. Self

employed business persons are likely to have no compensation while serving as a juror.

•

The jury pool is disproportionately composed of retirees, government employees, and

employees of large businesses.

•

Courts struggle to provide enough jurors to meet their trial needs. Juror shortages can

delay trials, delay resolution of cases, and cause ongoing uncertainty for parties,

attorneys, witnesses, victims, and all others involved in the trial.

PERFORMANCE IMPLICATIONS

Juror shortages can force postponing trials delaying resolution of cases. The courts are

participating in performance based budgeting. For example, the district court’s performance

measure clearance rates may be impacted if ongoing juror shortages continue.

CONFLICT

Statutorily, all monies in the Jury and Witness Fee Fund are non-reverting §34-9-11(C) (NMSA

1978). The proposed bill and the existing statute conflict.

DUPLICATION

LFC recommended increasing the Jury and Witness Fee Fund by $412,500 to raise the hourly

rate for jurors to $6.50.

TECHNICAL ISSUES

Statutorily, the Jury and Witness Fee Fund is a non-reverting fund. Consequently, Page 2, line 7

of the bill should be amended: “remaining at the end of the fiscal year 2008 shall not

revert to

the"

ALTERNATIVES

Senate Bill 373/aSPAC – Page

3

The LFC recommendation includes $412,500 to raise the hourly rate for jurors to $6.50 thus only

language and an additional $412,500 is needed to raise juror pay to $7.50

WHAT WILL BE THE CONSEQUENCES OF NOT ENACTING THIS BILL

Status Quo

CS/mt