New Mexico Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury

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US-00820
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This form is a sample motion requesting that the exclusion of illiterate persons from the jury is discriminatory and unconstitutional. Cites federal and state caselaw. Adapt to fit your circumstances.

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FAQ

At the very least, those jurors who do not appear as instructed may expect their service will be re-scheduled to another session. In some instances, jurors who fail to appear have been brought before a judge to explain their absence.

State law provides for qualified jurors to be: United States Citizens. Over 18 years old. Residents of the county where they were called to serve.

Persons who are not a citizen of the United States; Persons who are under 18 years of age; Persons who are not residents of Dona Ana County; Persons who are currently on probation or parole for a felony.

A person who was convicted of a felony and who meets all other requirements for eligibility may be summoned for jury service if the person has successfully completed all conditions of the sentence imposed for the felony, including conditions for probation or parole.

Three groups are exempt from federal jury service: members of the armed forces and national guard when on active duty; members of non-federal professional (as opposed to volunteer) fire and police departments; and.

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New Mexico Motion to Declare Unconstitutional the Discriminatory Exclusion of Illiterates from the Jury