402 

OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Bonornble Kenneth E. Clark 

Cclunty Auditor 

pined County 

Wonehans , Texne 

Dear Sir: 

Your reauset r0r an opinion bf%ix 

been received. 

quact letter: 

1 these were the petit Jurors 

for the week and of course afnotice to agpeer a8 petit Jurors 

cc eummoned aa epeotal. venirsmsn for 

aItsm 2 is for the 12 who mere seleoted and 

served in the trial of the uaae. Sume of those 

Jurore not being sel,eoted on the o&es wt2l the 

secand day. 
lorable Kenneth !LClark, Page t 

*Item 3 is of course for the ones thet were 

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 for 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 attends and not eeleoted ahd $3.00 for the dnyo he 

is selected nnd serves. Should the Jury eeleoted 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 on the 

trial, shall be prld out of the Jury fund One 

(#l.OO) Ooll~r for erreh day that he 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 

thh Article to any Yenlreman for more thQl'l one 

aaee the same 487.' 

Artiole 1066, Y.C.C.P., in part, 16 as followal 

"Eaoh Juror in the district or criminal dfstrlot 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 

as euoh Juror, to be paid out of the Jury fund of 

the oounty in whloh he may so serve. . . .I 

Article 1080, V.C.O.P., read8 as followr: 

*In all causes vhere indfotnenta have been 

presented agalnrt persons in one aountr and euoh 

cause@ have been removed by change of Yenue to 

another oountr, and 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 

We underetand your flret queetlon to be as follow: 

1s *Item 1’ a proper charge agalnat Yinkler County? 

Your etatement Is thnt the 23 JUrore uho were eeoh 

paid three dollare for one dey’n eervioe aa regular Jurors 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. Article 6Pb, quoted above, fLxta the 

pey of a man aunusoned on a special venlre end who was *ohallenged or exoueetl from aenloe on the trial” at ‘One (gh.00) 

9ollu for eeoh day that he attenda oourt on aaId summons.* 

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 of the foregoIng 

rtatutea to the related feats, we have reached these aonoluSLOW! 

Plrat. The Qls9.00 paid to the twenty-three men who 

ven ilpanelled as regular Jurors for the week Is not a legal 

olalm ngrinat Vlnkler County. In so far es the llabillt~ of 

Wlnkler County Is ooncernmi, It aurt be aeaaured br the statue 

of the80 men as special venlremen and not as regular Juror@ for 

the week. 

“Eacond. If all there twenty-three mea uere challenged 

or exoueed from aervlos on the #ame dey Sor which they uere paid 

8 regular Juror'm fee, nom of thea rould be entitled to reoalvo one dollar addlttonrl ?or that day'e eervloe l o a apeok 

veqlreaan. Such txtru py la prohIbIted by the plaln prOVlaiOnm 

of Artlale 1056. 

Third. Any regular Juror, not ohallengtd or ~exouaed 

from rerviaa l a L apeolal venlremnn on the same day for vhloh 

he bed served a6 suoh Juror end for uhich he hd been pald as 

a regular Juror, ‘WI entItled to be paid ae a rpeclal venIreman 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 receive $1.00 ?or the day6 he &tcnde en& not releateff 

an6 $3.00 for the Uaya he to releoted an4 servL89 

Should the jury selected be pal4 aa ~~ptolal venlremen ore petit Jurorr9” 

ft will ba noted that brtiole 82s provideo pay w 

for thoae eummene4 on rpeoial venlre “who have been ohallenged 

or exouaed 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 

l ma o na . 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 veniremuk. El4 the Leglrlature intend that a vonlreman do altuated 

should not reoeive pan fdr the day or day8 he was In attendanoe 

upon the oourt prior to the bar he WLB aotaeptrd en4 worn a# 

a Juror to try the owe? We do not believe that to be th4 intention of the LegIrlatum; buLth8t a fair nn4 rsamonable 

intarprrtation of Artiolra 626 and 1056, when oonatrued together, 

IO to &Ilov euoh a venlreman *three dollara for eaoh day nnil for 

eaoh Iraotlon of a day that he may’attend aI) nuah Juror,a and 

when a venireman la ohoeen as a juror to try the oaee his attendanoe upon the oourt a8 a Juror relater baok to the dar he 

epperred before the court ar a Bpeolal vsnireaan. 

Jurorr 60 ahoren are paid 8s petit JUWra three 401- 

lara vtr day, BII provided by Artiole 1066 of the Code of CrlmInd Prooeaurr . 

We trust 

tlon requested. 

thet the foregoing giver you the lnfonuYour0 very truly 

ATTORUXX GKNERAL OF TEXAS 

Wm. Y. Fanning