Case Information
*1 402 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN
Bonornble Kenneth E. Clark
Cclunty Auditor
pined County
Wonehans , Texne
Dear Sir: r0r an opinion bf%ix
Your reauset been received.
quact letter:
1 these were the petit Jurors for the week and of course af- to agpeer a8 petit notice cc eummoned aa epeotal. venirsmsn aItsm 2 is for the 12 who mere seleoted and of the uaae. Sume those served in the trial Jurore not being sel,eoted on the o&es wt2l secand day.
lorable Kenneth !LClark, Page t ones thet were
*Item 3 is course 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 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. 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 trial, shall be prld out of the Jury fund One (#l.OO) Ooll~r for erreh day that 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 for more thQl'l one thh Article to any Yenlreman aaee the same 487.'
Artiole 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 be paid out the Jury fund of as euoh Juror, the oounty in whloh he may so serve. . . .I
Article 1080, V.C.O.P., read8 as followr: have been *In all causes vhere indfotnenta presented agalnrt persons in one aountr and euoh cause@ have removed by change of Yenue to another oountr, 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 be as follow:
We underetand your flret queetlon 1s *Item 1’ a proper charge agalnat Yinkler County? Is thnt the 23 JUrore uho were eeoh Your etatement one dey’n eervioe
paid three dollare aa regular 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. fLxta Article 6Pb, quoted above, 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) for eeoh day that he attenda oourt on aaId summons.* 9ollu 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 l nne day.*
Applying the pertinent provlaIona the foregoIng rtatutea to the related feats, we have reached these aonolu- SLOW! The Qls9.00 paid to the twenty-three men who
Plrat. the week Is not a legal ven ilpanelled as regular Jurors In so far es the llabillt~ olalm ngrinat Vlnkler County. of Wlnkler County Is ooncernmi, It aurt be aeaaured br the statue venlremen and not as regular of the80 men as special Juror@ the week. If all there twenty-three mea uere challenged “Eacond.
or exoueed from aervlos #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 l o a apeok Such txtru py by the plaln prOVlaiOnm veqlreaan. la prohIbIted of Artlale 1056.
Third. Any regular Juror, not ohallengtd or ~exouaed venlremnn on the same day for vhloh from rerviaa a L apeolal he bed served a6 suoh Juror end for uhich he hd 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 ERR auoh 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 the Uaya he to releoted an4 servL89 jury selected be pal4 aa ~~ptolal venlre- men ore petit Jurorr9”
ft will ba noted that brtiole 82s provideo pay w thoae eummene4 on rpeoial or exouaed venlre “who have been ohallenged 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 maona . l Thlo art1019 maker no provirion to pa7 a apsoial venirraan as euoh who tram ohoren 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 to the bar he WLB aotaeptrd en4 worn a# upon the oourt prior a Juror try the owe? We do not believe that to be th4 in- the LegIrlatum; tention buLth8t a fair nn4 rsamonable 626 when oonatrued intarprrtation of Artiolra together, for eaoh day nnil IO to &Ilov euoh a venlreman *three dollara of a day that may’attend aI) nuah Juror,a and eaoh Iraotlon 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 the court ar a Bpeolal vsnireaan. epperred before Jurorr 60 ahoren are paid 8s petit JUWra three 401- lara vtr day, BII provided by Artiole 1066 the Code of CrlmI- nd Prooeaurr .
We trust thet the foregoing giver you the lnfonu- tlon requested.
Your0 very truly ATTORUXX GKNERAL OF TEXAS Wm. Y. Fanning