### EXE L~TIXBRNEY GENERAL, OF-XAS C~PAWPORP,

c. MAxcc4M AUSTIN,TEXAR 7S7ll Ax-rORNEY GENERA% February17, 1971 lion, Roy Pickett CountyAttorney Martin County Sfanton, Texas 

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Dear Mr. Pickett: @dniOn NO. M-792 Re: The validity of the appointmentof jury commissioners

by a county judge who is a party in a case pending in county court end the resultantvalidity of the selectionof juror8 by euch commissioners. In your recent opinion request addressed to this office, you stated the following facts and circumstances:

"The present County Judge of Martin County was. elected in November,1970 and took office January 1, 1971. "During the month of November, 1970 and before the present judge took office, Texas Electric Service Company filed with the county judge a number of suits in condemnationto secure right-of-wayfor a electric transmissionline. sent judge. One of the condemneesis the pre- "Commissioners

were appointedby the past County Judge and awardsmade during the month of Decembek, 

### 1970. Texas Electric Service Company objected to the awards and the matter is pending in County Court. "I em not concernedabout the CondemnationSuit, or the aonointmentof a Special Judge to hear that suit. I em concernedabout the validity of Jury Panels

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for criminal trials selectedby a Jury Commission which might be void." You then pose the followingquestions: "(Where)a county judge (is) disqualified under the provisionsof Section 11, Article V of the Constitution, and Article 15, V.A.C.S. to sit in the case pending in his court. Is he likewise disqualified to appoint a jury commissionto select jury lists from which a jury will be seated to try the case in which the judge is disqualifiedto sit? "Are all jury panels selectedby the jury commission void, even as to those cases in which the judge is not disqualifiedto sit?" Article 2109, Vernon's Civil Statutes authorizesthe appointmentof court jury commissioners and provides in pertinentpart as follows:

"The county court shall, at its first term after the last day of December and the last day of June of each year, appoint three jury commissionersfor 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 officers end said commissioners to procure jurors as are required by this title for similarproceedings in the district court, except as modified by the provisionsof this Article.

,I

. . . "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."

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HonorableRoy Pick&t, page 3 (M-792)

Jury commissioners, like the county judge, ape officers~ of the court. Hill v. State, 157 S.W.2d,369 (Tex.Crim. 1942, reversed on other grounds, J 6 U.S. 400). It has been held that interest in a pending suit does not disqualifya jury commissioner nor does it invalidatethe selectionof jurors by the commissioners. Whittle v. State, 66 S;W. 771 (Tex.Crim.1902);~Walker v. State,'2b7S W 9a (Tex.Crim.1925); Shacklettv. Naylor, 3% S.W.2d 95; {Tex. Civ.App. 1962, no writ) Moreover, a challenge to the array or panel of jurors sele&ed for a criminal case would not be sustainedunless it can be shown that the commissioners selected the jurors with the intent that a convictionor an acquittalbe secured. Walker v. State, supra; Article 35.07, Code of CriminalProcedure. Accordingly,the fact that the county judge is a defendant Inca suit pending in the county court which may require a jury, does not render void the appointmentof juror commissionersby~the judge rthe selectionof jurors by the commissioners, We express no opinion on whether the appointmentof jury commissionersin December of 1970 for apparent service in 1971 complieswith the selectionrequirementsof Article 2109. SUMMARY

Jury appointed%enels selectedby jury commissioners

y a county judge who has an interest in a pending case in county court are not void end the rr;;;.axe not disqualifiedto serve on county Court u .

General of Texas Preparedby Lenny F. Zwiener AssistantAttorney General

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HonorableRoy Pickett,page 4

APPROVED: OPINION COMMITTEE K6rnS Taylor, Chairmen W. E. Allen, Co-Chairman Gordon Cass Jack Sparks 36hr~Reese S. J. Aronson MEXDE F. GRIFFIN Staff Legal Assistant ALFRED WALKER ExecutiveAssistant NOIX WRITE First Assistant (M-792)

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