Case Information

*1 AUBTIS. %-ES+83 rfi+rll, July 14, 1971 Iionorable Murray Jordan opinion NO. M-903 District Attorney

193 Judicial District Re: Option to use jury McCulloch County Courthouse commissioners under Brady, Texas Senate Bill 369, 62nd

Legislature, R.S., 1971, Dear Mr. Jordan: and related questions.

You have inquired as to the applicability of the follew- ing provision of Senate Bill 369, 62nd Legislature, Regular Session, 1971 (and related questions):

"Sec. 17. For all counties under 10,000 popumnot presently using the jury wheel system for selection of jurors, the district judge of the county or of the judicial district of which the county is a part, may determine whether the county should come under the pro- visions of this law or nay choose to adopt the jury commissioners system for selection of jurors in that county. If the district judge should determine to adopt the jury commission- ers system for selection of jurors in a parti- cular county, he must do so by July 15, 1971, otherwise, the county will come under the pro- visions of this Act. If, pursuant to the.pas- sage of this Act, this section is held to be unconstitutional by a court of this State or of the United States, then the jury wheel sys- tern for selection of jurors as provided by this Act shall be applicable to all counties of the State."

We need not reach the question of whether or not Section 17 (supra) violates the constitutional prohibition against delegation of legislative powers to a member of the judiciary.

,. *2 We would like to point out the fact that S.B. 369 (supra) specifically repeals the following numbered hrticles of the Revised Civil Statutes of Texasr

1. 2104 2112 2. 2105 1:: 2113 :: 2106 2107 11. 12. 2114 2115 5. 2108 2116 6. 2109 1':: 2116~ 15; 2116e 7. 2110

8. 2111 which constitute all of the Articles establishing procedures for the use of Jury Commissioners. It is, therefore, the opinion of this office that Set,

17 of Senate Bill 369, 62nd Legislature, Regular Session, 1971, cannot become operative because all procedures for the use of Jury Commissioners have been repealed, and that all counties must comply with the Jury Wheel Law.

SUMMARY Senate Bill 369, 62nd Legislature, R.S., 1971, terminates all jury commissioner eys- terns and all counties must use a jury wheel. General of Texas Prepared by Howard M. Fender

Assistant Attorney General

APPROVED:

OPINION COMRITTBE

Kerns Taylor, Chairman

W. E. Allen, Co-Chairman

i,. ,~ ,..

Charles Parrett

Jay Floyd

John Reeves Malcolm Quick

MEADE F. GRIFFIN

Staff Legal Assistant

ALFRED WiLKER

Executive Assistant

NOLAWHITE

First Assistant