**AUSTIN 11.**  **TEXAS** November 22, 1961
Honorable Ed H. McLaran CountyAttorney Madison County Madisonville,

Texas OpinionNo. WW-1197

Re: Construction

of Article 2109 V.C.S. relative to appointment of jury commissionDear Mr. McLaran; ers You have requestedthe opinion of the Attorney General construing Article 2109, Vernon's Civil Statuteswhich reads as follows, excludingthe oath provision: "The county court shall, at its first term after the last day of Decemberand the last day of June of each year, appoint three jury commissioners

for said court,having the same qualifications as jury commissioners for the district court. The same proceedings shall be had in the county court by its officersand said commissioners to procure jurors as are requiredby this title for similarproceedingsin the district **court,** except as modifiedby the provisionsof this article. 11

.... "2. To select jurors.--Said commissioners shall select jurors for all the terms of the county court to be held within six months after the adjournmentof the first week of said court after the dates first named. The county judge shall designatethe number of jurors to be so selected for each term and week." Your problem is to determinefor which terms a given set of jury commissioners is to choose jury panels, and you suggest that in a countywhich has four terms in a year, namely January,April, July and October terms, that the commissioners chosen in January are to select jury panels for April and July terms and the July commissioners are to select panels for October and January terms. It is clear that a given set of commissionersHonorable Ed H. McLaran, page 2 (W-1197

must choose jurors for a six-monthperiod two sets of commissioners are provided. since only
The Statute provides for the selectionof jury panels "for all the terms of county court to be held within six months after the adjournmentof the first week" of the County Court. interpretations. This is subject to two
The first view is as you suggest,namely that panels be drawn for the terms beginningwithin six months after the adjournmentof the first week of the County Court. The second view is .that the words are to be. taken as literallyas possibleand that the panels are to be chosen beginningwith the secondweek of the term currentwith the instant jury commissioners. If the latterwere the law, it would be impossibleto have a jury trial during the first week of the County Court term . Such a situationwould be of doubtful constitutionality because~ofthe right to speedy trial and the right to trial by jury. The early weeks of the County Court term would be attended by difficultiesin securing jurorsbecause of the' short time between selectionand summoningof jurors. In addition,the Statute does not require that the jury commissioners be appointedthe first week of the term, thus there could be a considerablelag in the business of the Court pending the selectionof the jury. It follows that the first view must be the law since the second view must be rejected. We do not think a jury panel is subject to quashingbecause of minute variationsin the terms for which such panel was chosen in the absence of a showing that there was willful disregardof the requirementthat jurorsbe chosen by commissioners, Butlerv. State 108 Tex. Grim. 177, 299 SW 420 (1927). SUMMARY
Where the County Court.hasfour terms a year, January,April, July and October; Article 2lOg V.C.S. requires the appointment of jury commissioners during the.

HonorableEd H, McLaran, page 3

January and Julytermsto jury panels for the April terms and the October and terns respectively, Yours NW-11971

choose and July Januam 

### very truly., WILL WILSON Attorney General of Texas

-Cohn E. Leonars " AssistantAttorney

General JEL:bjh APPROVED: OPINION COMMITTEE: W. V. Geppert,Chairman Pat Bailey William Colburn Howard Mays Dudley MC Calla REVIEWED FOR THE ATTORNEYGENERAL BY: Houghton Brownlee,Jr.