EXE L~TIXBRNEY GENERAL, 

OF-XAS 

C~PAWPORP, c. MAxcc4M AUSTIN,TEXAR 7S7ll 

Ax-rORNEY GENERA% 

February 17, 1971 

lion, Roy Pickett 

County Attorney 

Martin County 

Sfanton, Texas 79782 

Dear Mr. Pickett: 

@dniOn NO. M-792 

Re: The validity of the 

appointment of jury 

commissioners by a 

county judge who is 

a party in a case 

pending in county 

court end the resultant validity of 

the selection of 

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 condemnation to secure right-of-way for a electric 

transmission line. 

sent judge. 

One of the condemnees is the pre- 

"Commissioners were appointed by the past County 

Judge and awards made 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 concerned about the Condemnation Suit, 

or the aonointment of a Special Judge to hear that 

suit. I em concerned about the validity of Jury Panels 

-3850- 
Honorable Roy Pickett, page 2 (M-792) 

for criminal trials selected by a Jury Commission which might be void." 

You then pose the following questions: 

"(Where) a county judge (is) disqualified under 

the provisions of 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 commission to select jury lists from 

which a jury will be seated to try the case in which 

the judge is disqualified to sit? 

"Are all jury panels selected by the jury commission void, even as to those cases in which the judge 

is not disqualified to sit?" 

Article 2109, Vernon's Civil Statutes authorizes the 

appointment of court jury commissioners and provides in 

pertinent part 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 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 officers end 

said commissioners to procure jurors as are required 

by this title for similar proceedings in the district 

court, except as modified by the provisions of 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 adjournment of the 

first week of said court after the dates first named. 

The county judge shall designate the number of jurors 

to be so selected for each term and week." 

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. 1 

Honorable Roy 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 

disqualify a jury commissioner nor does it invalidate the 

selection of jurors by the commissioners. Whittle v. State, 

66 S;W. 771 (Tex.Crim. 1902);~Walker v. State,'2b7 S W 9a 

(Tex.Crim. 1925); Shacklett v. 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 sustained unless it can be shown that the commissioners 

selected the jurors with the intent that a conviction or an 

acquittal be secured. Walker v. State, supra; Article 35.07, 

Code of Criminal Procedure. 

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 appointment of juror commissioners by~the judge rthe selection of jurors by the 

commissioners, 

We express no opinion on whether the appointment of 

jury commissioners in December of 1970 for apparent service 

in 1971 complies with the selection requirements of Article 

2109. 

SUMMARY 

Jury 

appointed % 

enels selected by 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 disqualified to serve on county Court 

u . 

General of Texas 

Prepared by Lenny F. Zwiener 

Assistant Attorney General 

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L . 

Honorable Roy 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 

Executive Assistant 

NOIX WRITE 

First Assistant 

(M-792) 

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