Untitled Texas Attorney General Opinion ( 1971 )

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July 14, 1971
IionorableMurray Jordan opinion NO. M-903
District Attorney
193 Judicial District Re: Option to use jury
McCulloch County Courthouse commissioners under
Brady, Texas Senate Bill 369, 62nd
Legislature, R.S., 1971,
Dear Mr. Jordan: and related questions.
You have inquired as to the applicability of the follew-
ing provision of Senate Bill 369, 62nd Legislature, Regular
Session, 1971 (and related questions):
"Sec. 17. For all counties under 10,000
popumnot presently using the jury wheel
system for selection of jurors, the district
judge of the county or of the judicial district
of which the county is a part, may determine
whether the county should come under the pro-
visions of this law or nay choose to adopt the
jury commissioners system for selection of
jurors in that county. If the district judge
should determine to adopt the jury commission-
ers system for selection of jurors in a parti-
cular county, he must do so by July 15, 1971,
otherwise, the county will come under the pro-
visions of this Act. If, pursuant to the.pas-
sage of this Act, this section is held to be
unconstitutional by a court of this State or
of the United States, then the jury wheel sys-
ternfor selection of jurors as provided by this
Act shall be applicable to all counties of the
State."
We need not reach the question of whether or not Section
17 (supra) violates the constitutional prohibition against
delegation of legislative powers to a member of the judiciary.
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Honorable Murray Jordan, Page 2 (M-903)
We would like to point out the fact that S.B. 369 (supra)
specifically repeals the following numbered hrticles of the
Revised Civil Statutes of Texasr
1. 2104 2112
2. 2105 1:: 2113
:: 2106
2107 12.
11. 2114
2115
5. 2108 2116
6. 2109 1':: 2116~
7. 2110 15; 2116e
8. 2111
which constitute all of the Articles establishing procedures
for the use of Jury Commissioners.
It is, therefore, the opinion of this office that Set,
17 of Senate Bill 369, 62nd Legislature, Regular Session,
1971, cannot become operative because all procedures for
the use of Jury Commissioners have been repealed, and that
all counties must comply with the Jury Wheel Law.
SUMMARY
Senate Bill 369, 62nd Legislature, R.S.,
1971, terminates all jury commissioner eys-
ternsand all counties must use a jury wheel.
General of Texas
Prepared by Howard M. Fender
Assistant Attorney General
APPROVED:
OPINION COMRITTBE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
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Honorable Murray Jordan, Page 3 (M-903)
Charles Parrett
Jay Floyd
John Reeves
Malcolm Quick
MEADE F. GRIFFIN
Staff Legal Assistant
ALFRED WiLKER
Executive Assistant
NOLAWHITE
First Assistant
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