Job protection. An employer may not discharge an employee or threaten or otherwise coerce an employee who has received a summons to serve as a juror or attends court. In addition, an employer may not require or request an employee to use annual, vacation, or sick leave for time spent responding to a summons for jury service, participating in the jury selection process, or serving on a jury, nor must an employer give such leave to an employee who does not qualify for leave under company policy (NM Stat. Sec. 38-5-18). An employer that violates this section is guilty of a misdemeanor (NM Stat. Sec. 38-5-19).
State agencies must grant administrative leave to employees summoned for witness duty before a state or federal court.
Verification of attendance. Employees may request certificates of attendance, including dates and times, from the bailiff or court clerk.
Postponement of duty. Jury duty for an employee may be postponed if the employer has five or fewer full-time employees and another worker is out on jury duty, or if the employee performs an essential function so that the employer would have to shut down or cease production if the person was required to serve jury duty (NM Stat. Sec. 38-5-10.1).
Length of service. In New Mexico, jurors are not required to serve longer than 4 months.
Note: Cell phones, pagers, and other types of electronic devices are not allowed in jury rooms or courtrooms.