Hon. Chap. B. Cain Opinion No. v-1184.
District Attorney
75th Judicial mstrict Re: Applicabilityof the
Liberty, Texas Jury Wheel Law to
Liberty County under
Dear Mr. Cain: the submltted fact-
Your request for an opinion relates to Arti-
cles 2094-2100,Vernon's Civil Statutes, commonly re-
ferred to as the *Jury Wheel Law."
Liberty County has a populatfoain excess of
20,000 inhabitantsand is a part of t& 75th Judicial
District of Texas. It is also a part of the recently
created 88th Judicial mstrict, which overlaps the 75th
Judicial Dlstrlct.
You desire to know if the Jury Wheel Law is
applicable to Liberty County by reason of the above facts.
Article 2094, V.C.S., proviclee:
"Between the first and fifteenth days
of August of each year, in each county having
a population of at least forty-six thousand
(46,000), or having therein a city contain-
ing a population of at least twenty thousand
(20,000),as shown by the last preceding Fed-
eral Census, and in each county having two
(2) or more mstrict Courts holding sessions
therein, regardless of population, except as
hereinafter provided, the tax collector or
one of his deputies, together with the sher-
iff or one of his deputies, anB the county
clerk or one of his deputies,and the dis-
trict clerk or one of hfs deputies, shall
meet at the courthouse of their county and
select from the list of qualified jurors of
such county as show. by the tax lists in the
tax aasessorss off%::;for the current year,
the jurors for sey;Z.cein the district and
county courts of such county for the ensu-
ing year, in the manner hereinafter provided.
Hon. Chap. B. Cain, page 2 (V-1184)
"Provided,however, that the provisions
of this Act shall not apply to any county
havl a population of less than twenty thou-
sand"&20,000) inhabitantsaccording to the
last precedlng.FederalCensus when such coun-
ty IS a part of two (2) or more Judicial Dls-
trlcts which Judicial Districts embrace more
than two (2),counties."
It will be noted from the foregoing that in
each county having two or more district courts hold-
sessions therein where the population Is not less than
20,000 inhabitants,jurors shall be selected from the
list of qualified jurors of such county as shown by :,:A
tax list and selected by the method outlined In Articles
2095-2100. Therefore, it is our opinion that the Jury
Wheel Law is applicable to Liberty County. This con-
clusion is further strengthenedby reason ~'::?
the fact
that the 1949 amendmenttoArtIcle 2094 (SOBO 36, Acts .~
51st Leg., R.S. 1949, ch. 467, p* 868) co&ained the
following emergency clause:
"The fact that there are now some coun-
ties in Texas which do not have the popula-
tions provlded In Article 2094, to require
It should be pointed out that a discrepancyex-
fsts between the Jury Wheel Law (Arts. 2094-2100,V.C.S.)
and the method prescribed for the selection of a special
venfre (Arts. 591 and 592, V.C.C.P.). Article 591 is ap-
plicable only to counties having a population of at least
58,000 Inhabitants or having therein a city of 20,000 or
more population,whereas Article 592 applies to counties
which operate under the jury commission system.
Therefore. na specific provision exists for the
selection of special venires in Liberty County, which
ccmes under the Jury Whe% ikw but which has a population
of less than 58,000and does not have a city of 20,000 or
more inhabitants.
.
Hon. Chap. B, Cain, page 3 (V-1184)
In Attorney Generalas Opinion V-952 (1949), It
was saidn
"Since there Is no speclflc provision
for the selection of a Special Venlre in
couutieshaving a population between 46,000
and 58,000 and In view of Taylor v. State,
a trial by jury wfll not fall but the court
may supply the omissions.
"In capital cases ve belleve that as a
practical matter, the provisions of Article
591 as to the selection of Special Venlres
are best suited to yam county inasmuch as
the selection of juries generally Is under
the Jury Wheel law. (Art, 2094)."
Articles 2094-2100, V.C.S., cmmonly re-
ferrsd to as the "Jury Wheel Y&W," are appll-
cable to Liberty County, such county having a
population of mope than 20,000 inhabitantsand
oomprielnga part of the 75th and 88th Judl-
cial mteiOt8 D
APPROVRDs Youaw very truly,
J. C. Davis, Jr. PRICE IIARIRL
county Afraipsmesian Attorney General
Jesse P. Luton, Jr.
Revievlng Assistant
Charles D. Mathews
FirstAssistant