Hon. Chap. B. Cain Opinion No. v-1184. 

District Attorney 

75th Judicial mstrict Re: Applicability of the 

Liberty, Texas Jury Wheel Law to 

Liberty County under 

Dear Mr. Cain: the submltted factYour request for an opinion relates to Articles 2094-2100, Vernon's Civil Statutes, commonly referred to as the *Jury Wheel Law." 

Liberty County has a populatfoa in excess of 

20,000 inhabitants and 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 containing a population of at least twenty thousand 

(20,000), as shown by the last preceding Federal 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 sheriff or one of his deputies, anB the county 

clerk or one of his deputies, and the district 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.ce in the district and 

county courts of such county for the ensuing 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 thousand 20,000) inhabitants according to the 

last precedlng.Federal Census when such county IS a part of two (2) or more Judicial Dlstrlcts 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 holdsessions 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 conclusion is further strengthened by reason ~'::? the fact 

that the 1949 amendment toArtIcle 2094 (SOBO 36, Acts .~ 

51st Leg., R.S. 1949, ch. 467, p* 868) co&ained the 

following emergency clause: 

fsts 

It should be pointed out that a discrepancy exbetween 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 applicable 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. 

"The fact that there are now some counties in Texas which do not have the populations provlded In Article 2094, to require 

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 58,000 and does not have a city of 20,000 or 

more inhabitants. 
. 

Hon. Chap. B, Cain, page 3 (V-1184) 

was saidn 

In Attorney Generalas Opinion V-952 (1949), It 

"Since there Is no speclflc provision 

for the selection of a Special Venlre in 

couuties having 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 referrsd to as the "Jury Wheel Y&W," are appllcable to Liberty County, such county having a 

population of mope than 20,000 inhabitants and 

oomprielng a part of the 75th and 88th Judlcial mteiOt8 D 

APPROVRDs 

J. C. Davis, Jr. 

county Afraips mesian 

Jesse P. Luton, Jr. 

Revievlng Assistant 

Charles D. Mathews 

First Assistant 

Youaw very truly, 

PRICE IIARIRL 

Attorney General