COPY 

Honorable Q.A. Neal 

county Auditor 

Ellis county 

Uuahachie, Texas 

Ikar sir: Opinion HO. o-2138 

Rer Allowance of juq~ fees. 

ThLs will aeknowmlge reaeipt 0r Your letter of 

1940, In which JQU seek an opinion of this department on the 

above referred to. The pertinent part8 of your letter seer 

"There Is aame,doubt here &a to just when 61 

juror, under Art. 2122 of the Revleed Civil Statutee, 

la or is not entitled to receive his pay, and I desire 

to submit to Your for 8 ruling thme question8 whiah 

continually aoae 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 actually do &ny work or service as a Juror 

and la nevea? examined by any party to my pending case? 

"2. Uhen there are not enough Jumr8, fran 

those aeleated by the Jury &m~!ission, $0 trg the 

case and the Sheriff, under the oourt's order, brings 

In enough talesmen or plckup urors to complete the jury, 

&re the talesmen who are ahallenged or otherwise exsqg+sd, and who do not actually se&e on the jury, en- 

",rA;t,;o the statQtory oompensation four one day of 

“3. Where talesmen are brought in by the Sheriff 

to complete a jury panel, but are never examlned'by the 

parties beoause the case is settled, but are actually 

sworn and qualified by the aourt, are suoh talemaen or 

plokup jurors entitled to pay underthese clrcmstanaesY 

And would the faot that suuh talemen, Under such alreumW.maes, were lnattendanoe durw the greater part of 

%zgny make any differenoe in regard to their comp~nsareadsr 

Article 2122 of the Revised Civil Statutes of Texas, 1925, 
fionorable a.A. Seal, Page 2 

"Each juror ln the district or county court 

county court %t law shall receive three dollars for 

each day or fraction of a day that he may attend as 

such juror, to be paid out of the jury fund of the . - . . . . . ..-. ~. 

or 

counsiy oy me county treasurer upon 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 delivery and shall be receivable at 

par from the holder for all county taxes.' 

0-2138 

Article 1056, Code of Criminal Procedure, 1925, readet 

"gach juror in the district or crlminsl dietrlct court county court, or county court at larp,except special venlremen whoee pay Is now fixed by law; 

shall receive three dollars for each day and for each 

fraction of 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 justlue courts who serve 

ln the trial of criminal c-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 6erve as such.' 

Article 1057, Code of Criminal Procedure, 1925, reads: 

Wne 8ummonedwhoattends 8~ a juror shall 

receive no 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 summonded for jury service in a arImIna1 case unp.eawgkbe actuallyauorn ln as a juror either for a speaiflc case 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 

naturally followsthat the 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 dollars a day for each d%y or fractional 

part thereof~that he m% attend as such juror. 

x& 

The statutes do 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 attendance upon the court 

entitles him to pay for the time so spent. 

In anmer to your first question, you arealvtied that lf the 

juror ln question has been actually sworn In as a juror for a given cBBe, 

week or term, and 1s thereafter dlamlssed the 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 established In our answer to your first question applies if 

the juror In question has actually been sworn in as a member of the jury 

panel Irrespective of whether he actually served in a given case or not. 

It naturally follows that If he is excused prior to being sworn ln as a 

member of the panel he Is not entitled to collect the jury fee. 

The answer heretofore made to your questions one and two 

apply with equal force to your third question. The right to claim the 

compensation provided by law does not depend upon the proportion of the 

day spent at the court house, but rather upon the proposition of whether 

or not they are sworn In as members ofthe members of the jury or jury 

panel. 

Trusting that this snswers your inquiry, we are 

Very truly yours 

ATTORNEX GENERAL OF TEXAS 

By s/ Lloyd Armstrong 

Assistant 

LA:AWtwc 

APPROVEDAPIUZI 23, 1940 

B/ Gerald C. Uann 

ATTORNEY GEUERAL OF TEXAS 

Approved Opinion Commlttee By B/ BUD Chatian