402
OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Bonornble Kenneth E. Clark
Cclunty Auditor
pined County
Wonehans , Texne
Dear Sir:
Your reauset r0r an opinion bf%ix
been received.
quact letter:
1 these were the petit Jurors
for the week and of course af-
notice to agpeer a8 petit Jurors
cc eummoned aa epeotal. venirsmsn for
aItsm 2 is
for the 12 who mere seleoted and
served in the trial of the uaae. Sume of those
Jurore not being sel,eoted on the o&es wt2l the
secand day.
lorable Kenneth !LClark, Page t
*Item 3 is of course for the ones thet were
ohallenged or exouaed and their $l.OO 1s correct.
"Ilow under ltta 1 due to the trot they were
flrrt eusur;oned as petit Juror% recel+ed for their
eervicea $3.00 for each dsy of &tteadance in a
capital caee. Under item 2 Is each Juror due
#iLOO for each dare attendance and serviae, or
should he only receive a.00 far tht day he at-
tends and not eeleoted ahd $3.00 for the dnyo he
is selected nnd serves. Should the Jury eeleot-
ed be paid ao speoisl venlreaen or petit Jurors.'
Article 628, V.O.C.P., prorides:
@All men summoned on speolel venire vho have
been ohallenged or excused iroe rerrioe on the
trial, shall be prld out of the Jury fund One
(#l.OO) Ooll~r for erreh day that he attends court
on enId mmmoa~. 110 perron ahall re6eive pay as
a special venircsun snd regular Juror for the
aeme day. Ilo per diem shall be allowed under
thh Article to any Yenlreman for more thQl'l one
aaee the same 487.'
Artiole 1066, Y.C.C.P., in part, 16 as followal
"Eaoh Juror in the district or criminal dfs-
trlot court, couqty oeurt, or oeunty oourt at lav,
except rpeaial venlremen whose pay i8 now fixed
by law, rh~ll noelYe three doll8rs for eaeh dsJ
end for each frnotlon of a 4ny that he may attend
as euoh Juror, to be paid out of the Jury fund of
the oounty in whloh he may so serve. . . .I
Article 1080, V.C.O.P., read8 as followr:
*In allcauses vhere indfotnenta have been
presented agalnrt persons in one aountr and euoh
cause@ have been removed by change of Yenue to
another oountr, and tried therein, the oountl fro8
which such o&use 1s removed ah&l1 be liable for all
expensee incurred for pny for Jurors tn trying suoh
oauses .l
gonoreble Xmneth W. Clerk, Pqp S
We underetand your flret queetlon to be as follow:
1s *Item 1’ a proper charge agalnat Yinkler County?
Your etatement Is thnt the 23 JUrore uho were eeoh
paid three dollare for one dey’n eervioe aa regular Jurors for
the week were also in attendance upon the court (LB epeoial
venlremen . Article 1060, Code of CrImInal Procedures, amkea
ulnkler County “liable for all expenses Incurred for pey for
Jurorsw In thla ease. Article 6Pb, quoted above, fLxta the
pey of a man aunusoned on a special venlre end who was *ohall-
enged or exoueetl from aenloe on the trial” at ‘One (gh.00)
9ollu for eeoh day that he attenda oourt on aaId summons.*
Vhtlr article 1066 of the Code fixes the pay of each Juror In
the dIatrIot oourt at *three dollerr for eaoh day and for eaoh
fmotlon of a day that he may attend se such Juror. * Article
626 further provider thnt *No peraon ahall reoelve pay as a
rpeoinl venlreaen and reguler Juror for the lnne day.*
Applying the pertinent provlaIona of the foregoIng
rtatutea to the related feats, we have reached these aonolu-
SLOW!
Plrat. The Qls9.00 paid to the twenty-three men who
ven ilpanelled as regular Jurors for the week Is not a legal
olalm ngrinat Vlnkler County. In so far es the llabillt~ of
Wlnkler County Is ooncernmi, It aurt be aeaaured br the statue
of the80 men as special venlremen and not as regular Juror@ for
the week.
“Eacond. If all there twenty-three mea uere challenged
or exoueed from aervlos on the #ame dey Sor which they uere paid
8 regular Juror'm fee, nom of thea rould be entitled to re-
oalvo one dollar addlttonrl ?or that day'e eervloe lo a apeok
veqlreaan. Such txtru py la prohIbIted by the plaln prOVlaiOnm
of Artlale 1056.
Third. Any regular Juror, not ohallengtd or ~exouaed
from rerviaa la L apeolal venlremnn on the same day for vhloh
he bed served a6 suoh Juror end for uhich he hd been pald as
a regular Juror, ‘WI entItled to be paid ae a rpeclal venIre-
man one doller for e&oh subsequent &my he was In attendanoo Upon
the oourt ERRauoh ven1rema.n.
Your other queatlons ares
gonorable Kemmth Il. Clark, P-e 4
*Under item 2 ¶.a eaoh Juxii due $3.00 for eeoh
tlay’r attendanoe en4 rervloe, or rhaul8 he only re-
ceive $1.00 ?or the day6 he &tcnde en& not releateff
an6 $3.00 for the Uaya he to releoted an4 servL89
Should the jury selected be pal4 aa ~~ptolal venlre-
men ore petit Jurorr9”
ft will ba noted that brtiole 82s provideo pay w
for thoae eummene4 on rpeoial venlre “who have been ohallenged
or exouaed from servioe on the trial.” The amount Is fixed at
*One (81.00) Dollar for each day t&t he attend. oourt on rr,Id
lma o na Thlo art1019 maker no provirion
.l to pa7 a apsoial
venirraan as euoh who tramohoren aa a Juror to tw the ‘OLIN,
although he may not have been Booepted until the eeoond or oome
dry rubrequent to hle attendrnoe up& the oourt a8 euoh venire-
muk. El4 the Leglrlature intend that a vonlreman do altuated
should not reoeive pan fdr the day or day8 he was In attendanoe
upon the oourt prior to the bar he WLB aotaeptrd en4 worn a#
a Juror to try the owe? We do not believe that to be th4 in-
tention of the LegIrlatum; buLth8t a fair nn4 rsamonable
intarprrtation of Artiolra 626 and 1056, when oonatrued together,
IO to &Ilov euoh a venlreman *three dollara for eaoh day nnil for
eaoh Iraotlon of a day that he may’attend aI) nuah Juror,a and
when a venireman la ohoeen as a juror to try the oaee his at-
tendanoe upon the oourt a8 a Juror relater baok to the dar he
epperred before the court ar a Bpeolal vsnireaan.
Jurorr 60 ahoren are paid 8s petit JUWra three 401-
lara vtr day, BII provided by Artiole 1066 of the Code of CrlmI-
nd Prooeaurr .
We trust thet the foregoing giver you the lnfonu-
tlon requested.
Your0 very truly
ATTORUXX
GKNERALOF TEXAS
Wm. Y. Fanning