The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-11-25
OUR JURY SYSTEM.
The Law Governing the selection of
Jurors In Criminal Cases.


There has been Of late considerable stir over
the jury system now in service at the Superior
Criminal Court. For the November term two
hundred and fifty jurors were drawn, and only .
panel OF twenty seven was secured. This In not
~ IL should be. and change is absolutely
necessary. Yesterday q representative Of the
DEMOCRAT took occasion 10 visit number Of our
prominent attorneys and the result OF his in
auiries Was that all Of them, although favoripg
the system under tho law. did not think orr GRIM
iDal juries rule we're such as were expected
under the law TO be drawn. In most cases there
are some fiftsen or twenty respectable gentlemen
drawn from The wheel, and the rest are Of u
very questionable character. The law, which We
publish below, gives 10 tn o jury commissioners
full power TO summon jurors and witnesses In
order to learn OF the competency OF those drawn
10 serve, thus to expedite the work 0f jus ice and
TO facilitate the operations OF the court.
Our jury system 10 not what IL should be, for
the reason that there is too great an opportunity
for those wao are not properly qualified TO be
drawn as jurymen. The commissioners under
the law arc empowered TO send for persons and
papers, that they may be enabled to Judge Of the
competency Of those drawn. Az this 10 the law
there should never be any occasion for Jury
man going before the court and presenting an
excuse for not serving. To tho commissioners
ID intrustsd tho duty OF bringing before them all
jurors drawn from the wheel and after an inquiry
learning 0f their availability. Below IL the act
referred TO bearing on tho selection Of jurors.
From what has been CLEANED thers has not been
that close attention TO the drawing OF juries that
the law makers intended aud the "wheeI" has not
been looked after by tho commissioners ~ it
should be, according TO tho statute. II this is 30
IL Ia n serious inatter.
This ia the law
No. 561 AN ACT
To amend and re enact section Eve Of an act
entitled "An act creating Superior Crimipal
Court for the parish Of Orleans; defining the
jurisdiction thereof; providing for u judge and
clerk of the same, and defining their duties
and powers; restricting and regulating the
Jurisdiction Of the Fret District court for the
parish Of Orleans; providing for jury commits
soners. and the manner OF drawing and select
ing grand and petit jurors for the civil and
criminal courts, and for the detainng Of wit
nesses in criminal casss In said parish; defining
the crimfs and punishment Of grand and petit
larceny in this rtate and providing for the
place Of holding the sessions Of the court, and
for the recusatioD, or absence, or inability to
act OF the judge" approved Ap II 8. 1874, aod
to repeal all laws and parts OF laws in conflict
herewith.
SECTION l. Be IL enacted by the Senate and
House of Representatives Of tho State Of Louisi-
ana in General Assembly convened, That ssc- |
tiou five Of act number one hundred and twenty |
four, of the session OF 1874 and entitled San act
creating Superior Criminsl Court for the parish |
of Orleans, defining the Jurisdiction thereof pro-
vidng for a Judge and clerk for the same, and |
defining their duties and powers; restricting and
regulating the jurisdiction OF the First District
Court for the parish OF Orleans; providing for |
Jury commissioners, and the manner OF drawing |
and selecting grand and petlt Jurors for the |
civil and criminal courts and for the OBTAINING Of
witnesses in erimina cases In said parish, defu- |
ing the crime and punishment OF grand and pstit |
larceny in this State, and providing for the place
Of holding the sessions Of the court, and for the
recusat on, or absence, or inability to act Of the
judge" be amended and re-enacted so as to read |
as follows:
and after the first day OF March, 1877, all grand
and petit iuries in the district courts civil and
criminal, for the parish of Orleans, shall bs
drawn pursuant to the provisions Of this act, as
to be selected from the qualified voters OF the
Crimina', First, Fourth, + fin and Sixth District
Courts, who shall hold their Offices and be remov-
able at the pleasure OF the said judges. The
commissioners shall receive for their services
5000 per annum, payable quarterly, by the city Of
New Orleans. In case of the Absence or inability
to act OF either of the said commissioners, the
said judges shall fill such temporary vacancy by
the appointment OF commissioner pro tenlpore,
who shall have the necessary qualifications for
the office OF commissioner as hereinbefore set
FORTH and who shall hold office only during such
absence or inability OF a commissioner. Sucn
commissioner pro teD,pore shall receive corapen-
=
by law to the commissioner with whom he serves.
For the term of such absence or
inability the absent commissioner shall be allow
cd no compensation. The said commissioners
shall select impartialy from the citizens Of the
parish Of Orleans, having the qualifications re-
quisite to register as voters, the names Of not
less than 1000 good and competent men, q list of
whose names shall be made out and returned,
certified under their hands, to the clerk OF the
superior Criminal Court to be filed by him in his
Office; said list snail be kept complete and sup
plemented from time to time before each drawing,
aud no drawing shall be made from q list of less
than 1000 names, and in order to the proper pre-.
paration of such list and supplemental hsts and
to the selection of such good aud competent men;
provided, no person shall be liable to serve a. q
juror oftener than once in two years; the said
commissioners shall have at all times access TO
and the right to copy from the several books of
registration OF the voters of the pi -ish of Or
Ieans; shall be authorized to apply TO the Su-
perior Criminal Court for, and sad uourt shall
fhereupou direct to be iasl1ed subpna tn sec11re