New Mexico Statutes
Article 5 - Drawing and Empaneling Jurors
Section 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.
History: 1953 Comp., § 19-1-12, enacted by Laws 1969, ch. 222, § 12; 1970, ch. 40, § 2; 1971, ch. 136, § 1; 1977, ch. 382, § 1; 1979, ch. 173, § 2; 2005, ch. 107, § 8.
The 2005 amendment, effective July 1, 2005, eliminated in Subsection A the requirement that judges determine the length of time jurors are retained for service, the limitation of time a juror may be required to service on a jury panel, and the exemption for jury service of persons who have service on a jury within the preceding thirty-six months; and added a new Subsection B to require the supreme court to establish the length of jury terms.
Section authorizes district judge, with time limitations, to determine the length of time jurors are retained for service. State v. Gonzales, 1971-NMCA-007, 82 N.M. 388, 482 P.2d 252, cert. denied, 82 N.M. 377, 482 P.2d 241 (decided under prior law).
Term of service of jurors is to be determined by the district judge and may differ from the term of the court. 1969 Op. Att'y Gen. No. 69-52 (rendered under prior law).
Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Jury § 186 et seq.
Irregularity in drawing names for a jury panel as ground of complaint by a defendant in a criminal prosecution, 92 A.L.R. 1109.
Petit jury: prior service on grand jury which considered indictment against accused as disqualification for service on petit jury, 24 A.L.R.3d 1236.
Validity of statutory classifications based on population - jury selection statutes, 97 A.L.R.3d 434.
Excusing, on account of public, charitable, or educational employment, one qualified and not specifically exempted as juror in state criminal case as ground of complaint by accused, 99 A.L.R.3d 1261.
50 C.J.S. Juries § 164 et seq.

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