Case Information
*1 COPY Honorable Q.A. Neal
county Auditor
Ellis county
Uuahachie, Texas
Ikar sir: Opinion HO. o-2138
Rer Allowance of juq~ fees.
ThLs will aeknowmlge reaeipt 0r Your letter of March 27, 1940, In which JQU seek an opinion of this department on the queetlon above referred to. The pertinent part8 of your letter seer
"There Is aame,doubt here &a to just when 61 juror, under Art. 2122 of the Revleed Civil Statutee, la or is not entitled to receive his pay, and I desire to submit to Your for 8 ruling thme question8 whiah continually aoae up.
"1. Uhere ai-egu$ak juror for fheweek,who haa been duly (relented by ti Jury Comn&seloon, claiq
an exouee at the peopex t-e in opera court after having ~~$tflrst sworn and aueh exuuse~ir, -ted by the
he entitled to reoeive the mm of three dolla& '9 for ene flay of &mviae, even though he $3.00) doee not actually do &ny work or service as a Juror and la nevea? examined by any party to my pending case?
"2. Uhen there are not enough Jumr8, fran those aeleated by the Jury &m~!ission, $0 trg the
case and the Sheriff, under the oourt's order, brings In enough talesmen or plckup urors to complete the jury, &re the talesmen who are ahallenged or otherwise ex- sqg+sd, and who do not actually se&e on the jury, en- ",rA;t,;o the statQtory oompensation four one day of
“3. Where talesmen are brought in by the Sheriff to complete a jury panel, but are never examlned'by the parties beoause the case is settled, but are actually sworn and qualified by the aourt, are suoh talemaen or plokup jurors entitled to pay underthese clrcmstanaesY And would the faot that suuh talemen, Under such alr- eumW.maes, were lnattendanoe durw the greater part of %zgny make any differenoe in regard to their comp~nsa-
Article 2122 of the Revised Civil Statutes of Texas, 1925, readsr *2 0-2138
fionorable a.A. Seal, Page 2 "Each juror ln the district or county court or county court %t law shall receive three dollars for each day or fraction of a day that he may attend as such juror, to be paid out of the jury fund of the . - . . . . . ..-. ~.
counsiy oy me county treasurer upon cne certxrxcate;::of the clerk of the court in which such service 1s rend- ered stating the service, when~ and by whom rendered, Andy the amount due therefor. Such certificates m%y be transferred by delivery and shall be receivable at
par from the holder for all county taxes.'
Article 1056, Code of Criminal Procedure, 1925, readet "gach juror in the district or crlminsl die- trlct court county court, or county court at larp,ex- cept special venlremen whoee pay Is now fixed by law; shall receive three dollars for each day and for each fraction of a day that he may attend as such Juror, to be paid out of the jury fUnd of the county In whlah he may 80 serve. Jurors In justlue courts who serve ln the trial of criminal c-es ln such court8 shall receive fifty cent8 In each case they sit 88 ju??or6, provided th%t no juror ln such court ahall receive
more than one dollar for each day or fraction of a day he may serve as such juror. Wand jurors shall each receive three dollars for each bay and for each frac- tion of a d%y that they may 6erve as such.'
Article 1057, Code of Criminal Procedure, 1925, reads: Wne 8ummonedwhoattends 8~ a juror shall receive no pay (LB a juror If he has not been morn
aa such In a case or for the term or week.”
It is manifest from a rezullng of Article 1057, supra, that no pay can be given one summonded for jury service in a arImIna1 case un- p.eawgkbe actuallyauorn ln as a juror either for a speaiflc case or for
We think It equally true that one summoned for a clvll case must act&lly be sworn In as a juror before being entitled to pay. It naturally followsthat the pay of a juror begins %B of the time of his ,' t%king the oath a8 such.
Referring to Articlee 1056 and 2122, aupra, It will be noted that a juror 1s to receive three dollars a day for each d%y or fractional The statutes do not require part thereof~that he m% attend as such juror. actual service ln a p li3iEiiTcase. The fact that a jwor has qualified x&
by taking the oath as such and 18 ln actual attendance upon the court entitles him to pay for the time so spent.
In anmer to your first question, you arealvtied that lf the juror ln question has been actually sworn In as a juror for a given cBBe, week or term, and 1s thereafter dlamlssed the same day by the court, he 1s entitled to his pay for the one day. *3 o-2138 Page 3
- -,Eonorable G.A. Neal, xn answer to your second question ;yoU are advised that the aame rmle established In our answer to your first question applies if the juror In question has actually been sworn in as a member of the jury panel Irrespective of whether he actually served in a given case or not. It naturally follows that If he is excused prior to being sworn ln as a member of the panel he Is not entitled to collect the jury fee.
The answer heretofore made to your questions one and two apply with equal force to your third question. The right to claim the compensation provided by law does not depend upon the proportion of the day spent at the court house, but rather upon the proposition of whether or not they are sworn In as members ofthe members of the jury or jury panel.
Trusting that this snswers your inquiry, we are Very truly yours
ATTORNEX GENERAL OF TEXAS By s/ Lloyd Armstrong Assistant LA:AWtwc
APPROVEDAPIUZI 23, 1940
B/ Gerald C. Uann
ATTORNEY GEUERAL OF TEXAS
Approved Opinion Commlttee By B/ BUD Chatian