Untitled Texas Attorney General Opinion ( 1975 )

March 5, 1975
The Honorable Alton R. Griffin Opinion No. H- 546
Criminal District Attorney
Lubbock County Courthouse Re: Inclusion of persons who
Lubbock, Texas 79401 are seventeen years of age
in the composition of the jury
wheel.
Dear Mr. Griffin:
You have requested our opinion concerning whether persons on
the voter registration list of a county who are 17 years of age should be
placed on the jury wheel pursuant to article 2094, V. T. C. S.
Article 2094 provides:
Between the first and fifteenth days of August
of each year, in each county in this State, the tax
collector, sheriff, county clerk, and district clerk
of the county, each in person or represented by one
of his deputies, shall meet at the county courthouse
and recon&ttte the jury wheel, using as the sole
and mandatory source, all names on the voter reg-
istration lists from all precincts in the county.
The voter registration lists of each county are therefore the “sole
and mandatory source” of the jury wheel, and the wheel is to be reconstituted
each year. Shelby v. State, 479 S. W. 2d 31 (Tex. Grim. 1972); Attorney
General Opinions M-911, M-903 (1971). Article 5.10a(2), Election Code,
allows persons to register who will be 18 years of age or older within 30
days after applying for registration. Under ar.ticle 2133, V. T. C. S.,
persons 18 years of age or older are qualified jurors.
p. 2456
. .
The Honorable Alton R. Griffin page 2 (H- 546)
Attorney General Opinion H-82 (1973) dealt with the similar situation
of persons on the voter registration lists who, due to age, would be
ineligible as jurors until the effective date of article 5923b, V. T. C. S.
We stated therein:
[T]he names of all registered voters . . . should
be included in reconstituting the jury wheel . . .
If called to serve before [they become eligible],
[they] should be excused from jury duty.
This principle being equally applicable in this instance, it is our
opinion that persons on the voter registration lists who are not yet 18
years of age are to be placed on the jury wheel. If they are called before
they reach 18 years of age, they should be excused from jury duty.
SUMMARY
Names of persons on the voter registration lists
who are not yet 18 years of age are to be placed on
the jury wheel. If they are called before they reach
18 years of age, they should be excused from jury
duty.
Very truly yours,
Attorney General of Texas
C. ROBERT HEATH, Chairman
Opinion Committee
p. 2457