May 11, 1971
Honorable Joe Resweber Opinion No. M-855
County Attorney
Harris County Courthouse Re: Retention of earned jury
Houeton, Texas 77002 fees by county clerk
deputlee.
Dear Mr. Reeweber:
‘..,
Your request for an opinion on the above subject matter
asks the following gueatlonr
“Can a Deputy County Clerk of Harris
County, who 1s pald his regular salary, re-
tain a check received by said Deputy County
Clerk for jury service or should he endorse
such check over to the County Treasurer pur-
suant to Harris County Personnel Regulations?”
In Attorney Oeneral’s Opinion O-6185 (#is), the con-
clusion wa8 reached that,
“Jury fees, not being listed by statute,
are not ‘feea of office’ and need not be paid
Into the Officers Salary Fund when collected
by a county officer.
“In case8 where county employees receive
WY fees In addition to their regular salaries,
they are not receiving extra salaries or wages
from the county, since jury fee8 are not con-
sidered salaries or wages. They are more In the
nature of an allowance or gratuity. Jury service
being a ‘duty’, the juror Is entitled to no com-
pensation. 31 Am.Jur., Section 57, p. 5%‘. Moat
states, however, have statutes providing a fee
for such service.”
Two years later, In Attorney ffeneral’s Oplnlon V-371 (1947),
the right of state and county officers or employee8 to serve on grand
or petit juries was recognized by this office:
“It ha8 been held many times that -officer8
or employee8 OS the State or County are qualified
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. 1
Hon. Joe Resweber, page 2 (M-835)
to serve as grand or petit Jurors. Edgar v. State,
Crlm.App., 127 S.W. 1053; Ming0 v. State, Crlm.
APP.~ 133 S.W. 882; Counts V, State, Crlm.App.,
181 S.W. 723.
,I
. . .
“A state employee may receive and use fees
received by him for..,jury service without any
deductions In his State pay, If such person also
discharges the duties assigned to him by the Read
of the Department In which he worEts. If not,
leave of absence should be granted without pay
during euch jury service. Sec. 33 and 40, Art.
XVI, Texas Constitution; Sec. 2(14)c Ch. 400,
S.B. 391, Acts 50th Legislature, 1947,”
In view of the foregoing, you are advleed that jury
fees pald the deputy county clerk for hi8 own personal jury
service should be retained by the deputy County clerk, Since
there Is no obligation to return such COmPenSatlOn to the county,
SUMMARY
County employees who receive jury fees
for jury service are entitled to retain such
jury pay In addltlon to their salary a8 a county
employee. There 18 no obligation on their part
to return such ~ompeneatlon the county.
A
Very Cruly yours,
Attorne$)Oeneral of Texas
Prepared by John Reeves
Assistant Attorney General
APPROVED2
OPINION COMMITTEE
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Ron. .Joe Resweber, page 3 (M-855) -
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Wllllam J. Craig
fflenn Brown
Fisher Tyler
Roland Allen
MEADEF. GRIFFIN
Staff Legal As8istant
ALFREDWALSfBR
Executive ASSiStant
NOLA WHITE
.. First AsSiStant
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