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SPONSOR: |
SJC |
DATE TYPED: |
|
HB |
|
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SHORT TITLE: |
Create Lengthy Trial Fund |
SB |
725/SJCS |
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|
ANALYST: |
Chavez |
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APPROPRIATION
Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
||
FY03 |
FY04 |
FY03 |
FY04 |
|
|
|
|
|
See Narrative |
Recurring |
General
Fund |
(Parenthesis
( ) Indicate Expenditure Decreases)
REVENUE
Estimated Revenue |
Subsequent Years Impact |
Recurring or
Non-Rec |
Fund Affected |
|
FY03 |
FY04 |
|
|
|
|
Indeterminate |
|
Recurring |
New Lengthy Trial Fund |
(Parenthesis ( ) Indicate Revenue Decreases)
Administrative
Office of the Courts (AOC)
LFC
Files
Synopsis
of Bill
Senate Bill 725 creates
the lengthy trial fund for the purpose of providing full wage replacement or
wage supplementation to jurors who serve as petit jurors for more than ten
days. The following provides a further
synopsis of the bill:
a
certified list of jurors and the questionnaires shall be made available for
inspection and copying by a party no later than 48 hours before trial;
the court may also require additional questionnaires that relate to the
specific case for which jurors are called;
Significant
Issues
The Senate Judiciary Committee Substitute for Senate Bill 725 addresses some of the main concerns of the judiciary such as eliminating the language that provides for the service of jurors to be for no more than one court day in actual attendance.
Although the judiciary believes that current jury issues should be assessed, they feel that an interim committee would serve as the better forum for such discussions. Legislation discussed during the interim would enable the judiciary to better assess and determine the potential impact addressed by the legislation. Further, more involvement by critical parties would allow for legislation that is crafted to address the concerns of those parties.
The bill requires courts to collect and account for money related to the lengthy trial fund. According to AOC, it could result in the need for more personnel to assist with such collection and accounting at the trial court level. Further, AOC is required to administer this fund and it is indicated by AOC that additional administrative support will be needed.
FISCAL IMPLICATIONS
The bill proposes to
create a “lengthy trial fund fee” of $20 from each party who files a
jury demand in a civil case in district court for deposit in the lengthy
trial fund. Balances in the fund will
not revert at the end of any fiscal year.
The estimated
additional impact will be determined by the number of additional FTE needed by
the courts and AOC to carry out the provisions of the bill.
ADMINISTRATIVE IMPLICATIONS
The AOC will have
additional responsibilities pertaining to the administration of the fund in addition
to the court personal who must collect and account for the money going to the
lengthy trial fund.
TECHNICAL ISSUES
*****The title of the bill includes “making an appropriation,” but no appropriation is made in the bill.
OTHER SUBSTANTIVE ISSUES
Currently, there is a
civil jury demand fee in district court.
In accordance with NMRA 1-038, the fee for a six person jury is $100.00
and the fee for a twelve person jury is $200.00. The $100.00 or $200.00 amount is charged for
payment of jurors each day that the jury is engaged in trial in the case.
It should be noted
that although very few trials exceed ten days, it will take time to acquire a reserve
of money in the lengthy trial fund.`
The AOC currently
administers various funds such as the jury and witness fee fund, the judges pro
tempore fund, court-appointed special advocate fund, supervised child
visitation fund, court appointed attorney fee fund and the water rights
litigation fund. The addition of another
fund to be administered by the AOC is of concern since the AOC has in the past
had problems with reconciling the various funds under their control.
POSSIBLE QUESTIONS
1. Since the caseload for the courts has remained flat, thus limiting the amount of money going into the lengthy trial fund, is there sufficient money to provide for 1) full wage replacement or wage supplementation to jurors who serve as petit jurors for more than ten days, and 2) to further provide for replacement or supplemental wages of up to $100 per day from the fourth to the tenth day of jury service if the court finds that lengthy jury service poses a financial hardship even in light of payments made after the tenth day of service?
FC/yr/ls:njw