Persons summoned for jury service and jurors shall be reimbursed for travel in excess of forty miles round trip from their place of actual residence to the courthouse when their attendance is ordered at the rate allowed public officers and employees per mile of necessary travel. Persons summoned for jury service and jurors shall be compensated for their time in attendance and service at the highest prevailing state minimum wage rate.
History: 1953 Comp., § 19-1-15, enacted by Laws 1969, ch. 222, § 15; 1970, ch. 40, § 3; 1976 (S.S.), ch. 16, § 1; 1979, ch. 285, § 1; 1991, ch. 71, § 7; 2017, ch. 61, § 2.
Cross references. — For Per Diem and Mileage Act, see 10-8-1 NMSA 1978.
For provision of meals and accommodations for jurors, see 34-6-41 NMSA 1978.
The 2017 amendment, effective June 16, 2017, reduced mileage reimbursement for certain jurors, allowing a juror to be reimbursed for mileage only if the juror travels more than forty miles round trip from the juror's residence to the courthouse; and after "reimbursed for travel", added "in excess of forty miles round trip".
The 1991 amendment, effective April 1, 1991, deleted "and jury commissioners" following "jurors" in the catchline; deleted "Jury commissioners" at the beginning of the first and second sentences; and made related stylistic changes.
When jurors are kept together a night during the course of a trial, they should be paid for this time. 1969 Op. Att'y Gen. No. 69-101.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 47 Am. Jur. 2d Jury § 99.
50 C.J.S. Juries § 207.
Structure New Mexico Statutes
Article 5 - Drawing and Empaneling Jurors
Section 38-5-1 - Qualification of jurors.
Section 38-5-2 - Exemption from jury service; excusals; service of disqualified juror.
Section 38-5-3 - Source for juror selection.
Section 38-5-5 - Jury tampering; penalties.
Section 38-5-5.1 - Legislative declaration.
Section 38-5-6 to 38-5-9 - Repealed.
Section 38-5-10 - Summoning of jurors; claiming exemption.
Section 38-5-10.1 - Postponement of petit jury service.
Section 38-5-11 - Qualifying jury panels.
Section 38-5-12 - Petit jury panels; number to be qualified; period of service; time for summoning.
Section 38-5-13 - Drawing and qualifying trial jury.
Section 38-5-14 - Exercising challenges to jurors.
Section 38-5-15 - Mileage and compensation for jurors.
Section 38-5-16 - Challenge to jury array.
Section 38-5-17 - [Verdict by ten or more jurors; polling jury.]
Section 38-5-18 - Employer prohibited from penalizing employee for jury service.