**OFFICE OF**  l-NE **ATTORNEYGENERAL OF**  **TEXAS**
**AUSTIN**

HonorableMilton Order Mel1 DistriatAttorney 7th JudioiabM&riot Tyle c, Texas

Dear Slrr

Your **requeet for**  fully oonsider@dby this d quest aa fOl.lOWP~ n reodred end oareeta iron your re8 +ors in the u till observe a the'word 'juror8 itioallr state that ram $rom the Jury

0 8 statute,Arfiole 333 of al Proaedure,providingfor eationof grand jarore. The uld grand ~ju@orr

aa well aa e ssleoted frm the jury wheel In Counties

where the jury wheel IS in **use,** or should the Court eel&t the petit Jury from the jury wheel and oriier a ifury Cornrniesiou

to piok the Grand Jury'?" Artiole 2094,Vernm*e AnnotatedTexas Civil Statute8, is applioableto Smith County, Texas, and reads as foll~rtHonorableMilton Greer Mell, Page 2

*Betweenthe first and flfteenfhdays of August of each year, In each oounty hsvlng a populationof at least fifty-eight thousand or having therein a city containinge population of crt least twenty thousand,es shown by the preoedlngFederal Ceneue, the Tax Colleotoror one of hie deputies,togetherwith the Tax Assessoror one :.f this deputlee,togetherwith the Sherlfr or one of his deputies,end the Coun6y Clerk or one of his deputies,and the DlstrlotClerk or one of hla deputlee,ahall meet et the court house of their county and select from the list of qualified jurorsof such oounty es shown by the tax lists In the Tax Ameaeor*a ofrlce for the ourrentyear, the jurors for servlae in the District**end** County Courts of suah uounty for the ensuing year In the menner hereinafterprovided.*
Artlole 2095,V. A. T. C. S., dlreotethe method or plaolng cards or the neme8 and eddreaeerof prospeotlve Jurors in the jury wheel, eta.

Article 2096, v. A. T. C. S., reads a8 hollows:

Wet leee than ten deyr prior to the first day of e **term** of court, the **dlstrlot** olerk **or** one of his deputlee,end the sheriff,or one of hle deputlee,In the presenoeand under the directionof the dletrlot judge, It the juror6 are to be drawn for the district oourt, or the clerk of the county court, or one 02 his deputies,end the eherlff, or one of hla deputies,in the presenceand under the dfreation of the county judge, if the jurors are to be drawn for the county oourt, shall draw from the wheel containing the names of jurorfi. aft+-r the same has been well turned 80 that the cards therein are thoroughly mixed, **one** by one the namee OS thirty-elx jurors,or a greateror less number where euah judgehae 80 directed,for each week of the term **Or** the diatriot or county court@ for wbioh a jury my be required,end shall reaord suoh nemea es they ere drawn upon es many separateHonorableMilton Greer Well, Page 3

sheets of paper as there are weeks for such term or terma for which jurorswill be required. At euch drawing&no pereon other than thoee above nemed shell be permltted to be present. The officers attendingsuch drawing shall not divulge the name of any person that may be drewu ae a juror to any person.'

**We** oall your partiaulerattentionto Article 2097, Vernon'8AnnotatedTexas Civil Stetutes, which clearly denotes thet the j-m wheel system is applioableto the eeleotlonQd petit jurors,' not grand jurors. Said article reed6 ao follows:

"The aeverel lists of **neme8** w drawn, shall be certified**under** the hand of the olerk or the deputy doing the drawing, end the dlstrlot or oounty judge in wboee lzresenoe sefd names were drawn from the wheel, to be the list dram by said olerk for the said aeveral weeks, end ahall be sealed up In separate envelopes lndoreed, 'List 0s D&it jurors for the week of the term of the 00GT0r uo*tF(rilling in the blanka properled the Clark doing the drawing shall write his name across the seals of the envelopesand shell then inunedletely deliver the same to the judge in wbse pro-~ eence euch names were drawn, or to hie IIUOcesctor In offlae in case euoh judge dies before such delivery can bemwde to him.* (Undersoorlng our01

We quote irom 26 Texas Jurisprudence, Jury~ Sec- ;;E~;; Deflnltlone and Terminology,pagea 566 and 5b7, aa : *Whwre the word *jury' 16 used alone it usuelly algnlrles 0 petit jury, and it 1s 80 used throughoutthis article. Generally speekIne, *jury*meens the twelve or sir: meu organized for the trial oi e partiou;ler ceee, but the term is also used more broadly in the eense of"panel*.

. . .

.HonorableMlltm Greer Hell, Page 4

e'Panel* la anotherword that is used in various aense8. According to lte context, it may mean the jurors for the term or for the week, or the names drawn from the box end lleted. The word haa also been used to deelgnetethe men lmpaneledto try the cause and even an individualjuror. Similarly,the terms *lmpenelment'end 'lmpaneled' are used to denote completion

of the organizationof a panel for the week and a jury for the dause.
*'Juror' la aleo a word of comprehensive meaning, slgnlfylngeither one eligibleto serve, or one selected to serve, or one on the panel, or one actually eerving. Since lt tends to olarlty that the word used should indicate .ðer proepectiveor aotual service is meant, tjurorl

might be used in this artlcle in the proepeotlvesense and *juryman -ployed to denote one who actuallysits in the cese.W Chapter 1, Title 7, Vernon'sAnnotatedTexas Code of CriminalProcedure,provldee a epecifloend detailed method for the organizationof the Grand Juti. Article 333, V. A. T. 0. 0. P., provides for the appointment of three jury oommlstilonere, **by** the DistrictJudge at each term of the Dletriot Court, and presorlbea certain qualirlcatlone

whloh eaoh jury commlealoner must posseam. Article 334, v. A. T. 0. C. P., provides for thenrtifloaflon of suoh oommGslonera of sueh appointment. Article 335, V. A. T. C. 0. P., presorlbeathe form of oath to be taken by euoh oommlseloners. Article 336, V, A. T. 0. C. P., provides for the lnstruatlon by the Judge of said commleelonerses to their dutlea, eto. Article 337, **V?** A. T. c. c. P., provides that the jury commissionore shall be kept free from intrusionduring their seasion,etc. Article 338, V. A. T. C. C. P., provides that the jury oommlesloners shall select sixteenmen from the cltlzens of the differentportion6of the oounty to be eummonedas grand jurors for the next term of the court. We also sail y&r attentionto krtloles 340, 341, 342, 344, 345, 348, 349, 352, 353, 354, 355 end 39,7, Vernrn'sAnnotatedTexas Code of Criminallrocedure, which deal with the organization of the grand jury.HonorableMllton Qreer Mell, Page 5

You are respeotfullyadtlaed
or this department: that It Is the opinion

I 1. That Articles 209k, 2095, 2096, et seq.,Vernon's AnnotatedTexas Civil Statutes,known as the "Jurg Wheel Lawa deal with the selectionof petit jurors In oounty end dlstrlotcourts and not with the seleotionof grand Jurors.

2. That petit jurors of Smith Oounty,Texas, In oounty and district oourts should be seleotedunder the *h.ry Wheel Law".

3. That grand jurors of Smith County, Texas, should **be** eeleoted In the manner outlinedby the pertinent statutes set out In Ohnpter 1, Title 7%Vernon'sAnnotated Texeo Oode of Criminal Prooedure.

Trusting that this satisfaotorily answersyour inquiry,

we are Very truly your6
ATTORNEYGYXEF&LOFTEXAS

UCFtCO Wm. J. Panning Assistanti

ATTONiEY CKEEERALOF TEXAS