So you got this letter in the mail and you ve been summoned as a prospective member for jury duty! What does that mean? Do I have to serve? Can I get out of serving? What is the time commitments involved? How was I selected? What if my employer won t let me off of work? Because your mind may be going in a million different directions right now, we would like you to take a look at this video and we will answer these questions as we move along. What is jury duty? Jury service is both a duty and a privilege. The American system of justice both civil and criminal -- is the greatest system in the world, and it could not operate without the service of all American citizens as jurors. Unlike most other countries, the United States entrusts (and counts on) its citizens to participate in this process. As a juror, you become part of the Judicial Branch of our government. Trials involving potential loss of a person s liberty or loss of monies and property issues become very important in the hands of a reasonable jury. It is a serious and solemn duty which you are being called upon to perform. When you get a copy of The Juror s Creed please read it carefully and take it to heart. The law of New Mexico, specifically section 38-5-1 of our Statutes, says that any person who is a least 18 years of age, a United States citizen and is a resident of Doña Ana County, New Mexico, is eligible and may be summoned -- as you have been -- for service as a juror in this court. The law also states that persons who suffer from a physical or mental illness or infirmity and are not able to serve may be excused upon receipt of a current letter from a healthcare provider. Finally, if you are currently on probation or parole for a felony offense you may not serve as a juror. Please listen carefully to the requirements necessary to serve. Are you: 1) At least 18 years of age, 2) A resident of Doña Ana County, 3) A citizen of the United States, 4) Not currently on probation or parole for a felony. Page 1 of 6
Division. If you do not meet these requirements you must immediately notify the Jury What happens if you are selected during the voir dire? At the time of a trial, the Judge and the lawyers for the parties will question prospective jurors to determine if they are qualified to be jurors for that particular case. This questioning process is called voir dire. There are many reasons that one or more prospective members of a jury panel may not be qualified to serve on a specific case. At the time of trial, a prospective panel member may be excused by the Judge or by one of the parties for cause or by using a peremptory challenge, which is their right. This process will be explained more thoroughly at the time of the jury selection process. A large number of jurors must be called in for the jury-selection process, because a number of potential jurors will be excused for cause or by use of the peremptory challenge. Only six (6) to twelve (12) of you -- plus alternates -- will be selected for any given trial. This means that each of you will be called in several times over the course of your term of service. You will be on call for a period of time that is specified on your jury summons and for which you will receive calendars. There may be days or even weeks when you will not be required to come in for jury service, but you will always be on call during your term of service. Your dates of service and contact information for the jury division are located on the jury summons form. Please refer to the summons throughout your term of service, because it contains a wealth of important information relevant to your service. What if I cannot serve? May I be excused from jury duty? Usually the answer is no. The court is aware that serving as a juror can be inconvenient, yet it is a civic duty incumbent on all qualified Americans. You may make a written request to be excused based on all sorts of things -- job, no job, children, transportation; the list is endless. In fact, most people can think of some Page 2 of 6
reason why they cannot or should not serve. All written requests to be excused from jury service are reviewed carefully, and some are granted, but many are denied. One legitimate request may be if you are a full-time student. However, students may choose to serve. In all fairness, if you are selected to serve as a juror, you will not be excused from any Jury Trial to attend classes until the trial is completed and the jury has submitted its verdict. Students may be excused by submitting a copy of their full time class schedule to the jury office. The class schedule must conflict with your term of service. If you have a health problem that would make it difficult for you to sit for long periods of time or might impair your ability to be a juror -- which requires you to pay attention, focus on the case, and make decisions submit a medical excuse from your healthcare provider to the Jury Division. If there is any other reason which has not been addressed by the Court, please send in a written request for excusal to the Jury Division. These requests will be reviewed quickly. If you do not hear from the Jury Division regarding your request within a week of sending it in, then it has been denied. Each request to be excused is reviewed individually and granted based on individual need. However, a jury of one s peers must be composed of persons from many different walks of life. The Court complies with the Americans with Disabilities Act. This means that we will make reasonable accommodations as needed. For example, we have headphones available to assist those who are hearing impaired. Also we provide simultaneous translation services as needed. What if my employer won t give me the time off to attend? Or what if I just don t show up? The law provides that no employer may discriminate against or penalize any employee because of jury service. If your employer in any way attempts to penalize you because you are required to participate in jury service, please report this immediately to the Jury Division. Page 3 of 6
Some employers require proof of jury service. If you need a certificate of attendance, you can get one each time you appear. The certificates are available in the Jury Division Office at the Third Judicial District Court building. Many other helpful forms are available from the Jury Division Office upon request. During your term of service, if you have problems attending at scheduled times or conflicts arise in your schedule, please call the Jury Division to advise them of the relevant issues. The issues will be reviewed and a decision will be made regarding your participation. Reasonable efforts will be made to accommodate you and to avoid major conflicts with your schedule. Jurors who fail to appear without notifying the court or having been excused cause a huge hardship on the other jurors as well as the court and may have serious financial consequences or other legal consequences for the parties to the suit and their witnesses. For example, if there are not enough potential jurors present for a trial jury to be selected, the case must be continued. This requires that the case be rescheduled and that everyone involved in the case return to court on another scheduled day. The parties are denied a resolution to the matter as they expected. The rescheduling of the case creates a great deal of frustration and can be quite expensive to all concerned -- including you as taxpayers. It is inexcusable for you to fail to show up for jury service. Many forgetful jurors have been brought to court by a Sheriff s deputy on the order of a judge and you may be held in contempt of court. When I miss work I m not getting paid. You may be compensated for your service at the rate determined by the Administrative Office of the Courts. If you want to be paid for jury duty and mileage, please check both YES boxes. If you do not want to be paid for jury duty and mileage, please check the NO boxes and sign and date. Regardless of whether you request payment, you must provide the Court with your full name, mailing address, physical address and all phone numbers where you can be reached. If any information changes during the course of your jury service, it is your responsibility to inform the Court Page 4 of 6
immediately. There also is space on the jury-certification form for you to notify the Court in advance of planned vacations or other scheduling issues. How do I know when to report for jury service? In addition to this training video, the Court has implemented a telephone system to help you keep track of your obligations as a juror. Your schedule will be reflected on jury calendars that will be mailed to you no later than one month prior to the start of your service. To determine if you are needed for jury duty, you should call the Code-a-Phone at (575) 523-8285 after 5:30PM the evening before your scheduled service. It is helpful to have your jury calendar with you each time you call because it has the Code-a-Phone number and your juror number. When you call in, you will be told via a recorded message whether you are required to come to the Court as scheduled. The recording is updated each day in both English and Spanish, and the number is accessible each evening after 5:30PM, including weekends. Do not attempt to leave a recorded message on the Code-a-Phone; your message will not be heard. If the recording indicates that you are expected in court as a prospective juror, it is your responsibility to appear on time, as scheduled. If you fail to appear, there will be consequences. For a first-time failure to appear, a warning letter will be mailed to you. A second-time failure will require you to appear before a judge to explain yourself. Any subsequent failures to appear will result in the issuance of a bench warrant for your arrest. It is strongly advised that you take your juror responsibilities seriously. If you lose your jury calendar, you can visit the Jurors section of our website to print a new copy. If you have questions during any stage of your service, you may address those concerns to the staff of the Jury Division. If questions arise while court is in session, the bailiff will assist you. The bailiff also assists jurors who are chosen to hear cases until the case is completed, and the bailiff will be responsible for evacuating a courtroom in the event of any emergency. Please follow directions given by the bailiff. Page 5 of 6
What do I wear? The Third Judicial District Court is a dignified and professional setting. Do not bring food, drinks, chewing gum or bottled water to the building. No reading materials are allowed in the courtrooms, and cell phones must be turned off whenever court is in session. You re expected to dress appropriately for a professional setting, and you are never permitted to wear a work-issued or military uniform. Shorts, tank-tops and flipflops are not permissible. Your court-issued jury badge should be worn only when you are in the courtroom, and it should be visible at all times. Because temperatures within the building can fluctuate, you re advised to bring a sweater with you, even during summer months. Page 6 of 6
Thank you for your service All of us at the Third Judicial District Court thank you for your willingness to serve as a juror. You can, if you d like, view an additional video on jury service by visiting the website of the New Mexico Courts: www.nmcourts.gov. You ll click on the Court Services/Programs link, then click on Jury Services, and then click on the Jury Orientation Video link. On behalf of the 3 rd Judicial District Court, I want to thank you for taking the time to listen to this video program, and I hope your experience in jury service will be a pleasant one. You may now mail or deliver your completed forms to the Jury Division Offices. Thank you.