Hon. Chap. B. Cain OpinionNo. 

### v-1184.

DistrictAttorney 75th Judicial mstrict Re: Applicabilityof the Liberty,Texas Jury Wheel Law to Liberty County under Dear Mr. Cain: the submltted factYour request for an opinionrelates to Articles 2094-2100,

Vernon's Civil Statutes, commonlyreferred to as the *Jury Wheel Law."

Liberty County has a populatfoain 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 fifteenthdays of August of each year, in each countyhaving
a population of at least forty-six thousand (46,000),or having thereina city containing a population of at least twenty thousand (20,000),as shown by the last precedingFederal Census, and in each county having two (2) or more mstrict Courts holding sessions therein,regardless of population,except as hereinafterprovided, the tax collectoror one of his deputies, togetherwith 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 courthouseof their countyand select from the list of qualified jurors of such county as show. by the tax lists in the tax aasessorssoff%::; for the currentyear, the jurors for sey;Z.ce in the districtand county courts of such county for the ensuing year, in the manner hereinafterprovided.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) inhabitantsaccording to the last precedlng.Federal Census when such county IS a part of two (2) or more Judicial Dlstrlctswhich Judicial Districtsembracemore than two (2),counties."

It will be noted from the foregoingthat in each county having two or more district courtsholdsessions thereinwhere 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 selectedby 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 amendmenttoArtIcle 2094 (SOBO 

### 36, Acts .~ 51st Leg., R.S. 

### 1949, ch. 

### 467, p* 

### 868) co&ained the followingemergency clause:

fsts It should be pointed out that a discrepancyexbetween the Jury Wheel Law (Arts. 2094-2100, V.C.S.) and the method prescribedfor the selection of a special venfre (Arts. 591 and 592, V.C.C.P.). Article 591 is applicable only to countieshaving a populationof at least 

### 58,000Inhabitantsor having therein a city of 20,000 or more population,

whereas Article 592 applies to counties which operate under the jury commissionsystem.

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

Therefore.na specificprovision 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 GeneralasOpinionV-952 (1949), It

"Since there Is no speclflcprovision for the selection of a SpecialVenlre in couutieshaving a populationbetween 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 practicalmatter, the provisionsof Article 591 as to the selection of SpecialVenlres are best suited to yam county inasmuchas the selection of juries generally Is under the Jury Wheel law. (Art, 2094)."

Articles 2094-2100, V.C.S., cmmonly referrsd to as the "JuryWheel Y&W," are appllcable to Liberty County, such countyhaving a populationof mope than 20,000 inhabitants and oomprielnga part of the 

### 75th and 88th Judlcial 

### mteiOt8 D

APPROVRDs

J. C. Davis, Jr. 

### county Afraips

mesian

Jesse P. Luton, Jr. RevievlngAssistant
Charles D. Mathews First Assistant Youaw very truly,

PRICE IIARIRL Attorney General