COPY

HonorableQ.A. Neal county Auditor Ellis county Uuahachie, Texas Ikar sir: OpinionHO. o-2138 Rer Allowanceof juq~ fees. ThLs will aeknowmlge reaeipt 

### 0r Your letter of 1940, In which JQU seek an opinion of this departmenton the above referred to. The pertinentpart8 of your letter seer

"There Is aame,doubt here &a to just when 61 juror,under Art. 2122 of the RevleedCivil Statutee, la or is not entitledto receivehis pay, and I desire to submit to Your for 8 ruling thme question8whiah continuallyaoae up. March 27, queetlon

"1. haa been duly

Uhere ai-egu$ak juror for fheweek,who (relented

by ti Jury Comn&seloon,

claiq an exouee at the peopex t-e in opera court after having ~~$tflrst sworn and aueh exuuse~ir, -ted by the dolla& '9 he entitled to reoeive the mm of three

$3.00) for ene flay of &mviae, even though he **doee** not actuallydo &ny work or service as a Juror and la nevea?

examinedby any party to my pending case? "2. Uhen there are not enough Jumr8, fran those aeleatedby the Jury &m~!ission,$0 trg the case and the Sheriff,under the oourt's **order,** brings In enough talesmenor plckup urors to completethe jury, &re the talesmenwho are ahallengedor otherwiseexsqg+sd,

and who do not actually se&e on the jury, en- ",rA;t,;othe statQtoryoompensationfour **one day**  of

“3. Where talesmenare brought in by the Sheriff to completea jury panel, but are never examlned'bythe parties beoause the case is settled,but are actually sworn and qualifiedby the aourt, are suoh talemaenor plokup jurors entitled to pay underthese clrcmstanaesY And would the faot that suuh talemen, Under such alreumW.maes, were lnattendanoe durw the greaterpart of %zgny make any differenoe in regard to their comp~nsareadsr Article 2122 of the RevisedCivil Statutesof Texas, 1925,fionorable

a.A. Seal, Page 2
"Each juror ln the districtor county court county court %t law shall receive three dollars for each day or fractionof a day that he may attend as such juror, to be paid out **of** the jury fund of the

. - . . . .. ..-. ~. or

counsiy oy me county treasurerupon cne certxrxcate;::of the clerk of the court in which such service 1s rendered stating the service,when~ and by whom rendered,Andy the amount due therefor. Such certificates m%y be transferred

by deliveryand shall be receivableat par from the holder for all county taxes.' 0-2138

Article 1056, Code of CriminalProcedure,1925, readet "gach juror in the districtor crlminsldietrlct court county court, or county court at larp,except specialvenlremenwhoee pay Is now fixed by law; shall receive three dollars for each day and for each fractionof a day that he may attend as such Juror, to be paid out of the jury fUnd of the county In whlah he may 80 serve. Jurors In justluecourtswho serve ln the trial of criminalc-es ln such court8 shall receive fifty cent8 In each case they sit 88 ju??or6, provided th%t no juror ln such court ahall receive more than one dollar for each day or fraction of a day he may serve as such juror. Wand jurors shall each receive three dollars for each bay and for each fraction of a d%y that they may 6erveas such.'

Article 1057, Code of Criminal**Procedure,** 1925, reads:
Wne 8ummonedwhoattends 8~ a **juror** shall receiveno pay (LB

a juror If he has not been morn aa such In a case or for the term or week.”

It is manifest from a rezullng of Article 1057, supra, that no pay can be given one summondedfor jury service in a arImIna1 case unp.eawgkbe actuallyauornln as a juror either for a speaiflccase or for

We think It equally true that one summoned for a clvll case must act&lly be sworn In as a juror before being entitled to pay. It naturallyfollowsthatthe pay of a juror begins %B of the time of his ,' t%king the oath a8 such.

Referring to Articlee 1056 and 2122, aupra, It will be noted that a juror 1s to receive three dollarsa day for each d%y or fractional part thereof~that

he m% attend as such juror. x& The statutesdo not require actual service ln a p li3iEiiTcase. The fact that a jwor has qualified by taking the oath as such and 18 ln actual attendanceupon the court entitleshim to pay for the time so spent.

In anmer to your first question,you arealvtiedthat lf the juror ln questionhas been actually sworn In as a juror for a given cBBe, week or term, and 1s thereafterdlamlssedthe same day by the court, he 1s entitled to his pay for the one day.

### - -,Eonorable G.A. Neal, Page 3 o-2138

xn answer to your second question;yoU are advised that the aame rmle establishedIn our answer to your first questionapplies if the juror In question **has** actuallybeen sworn in as a member of the jury panel Irrespective of whether he actually served in a given case or not. It naturallyfollows that If he is excusedprior to being sworn ln as a member of the panel he Is not entitledto collect the jury fee.

The answer heretoforemade to your questionsone and two apply with equal force to your third question. The right to claim the compensation

providedby law does not dependupon the proportionof the day spent at the court house, but rather upon the propositionof whether or not they are sworn In as members ofthe members of the jury or jury panel. Trusting that this snswersyour inquiry,we are Very trulyyours **ATTORNEX**

GENERAL OF TEXAS
By s/ Lloyd Armstrong Assistant
LA:AWtwc

APPROVEDAPIUZI 23, 1940 **B/** Gerald C. Uann **ATTORNEY**

GEUERAL OF TEXAS ApprovedOpinion CommltteeBy **B/** BUD Chatian