Hon. Chap. B. Cain Opinion No. v-1184. District Attorney 75th Judicial mstrict Re: Applicabilityof the Liberty, Texas Jury Wheel Law to Liberty County under Dear Mr. Cain: the submltted fact- Your request for an opinion relates to Arti- cles 2094-2100,Vernon's Civil Statutes, commonly re- ferred to as the *Jury Wheel Law." Liberty County has a populatfoain excess of 20,000 inhabitantsand is a part of t& 75th Judicial District of Texas. It is also a part of the recently created 88th Judicial mstrict, which overlaps the 75th Judicial Dlstrlct. You desire to know if the Jury Wheel Law is applicable to Liberty County by reason of the above facts. Article 2094, V.C.S., proviclee: "Between the first and fifteenth days of August of each year, in each county having a population of at least forty-six thousand (46,000), or having therein a city contain- ing a population of at least twenty thousand (20,000),as shown by the last preceding Fed- eral Census, and in each county having two (2) or more mstrict Courts holding sessions therein, regardless of population, except as hereinafter provided, the tax collector or one of his deputies, together with the sher- iff or one of his deputies, anB the county clerk or one of his deputies,and the dis- trict clerk or one of hfs deputies, shall meet at the courthouse of their county and select from the list of qualified jurors of such county as show. by the tax lists in the tax aasessorss off%::;for the current year, the jurors for sey;Z.cein the district and county courts of such county for the ensu- ing year, in the manner hereinafter provided. Hon. Chap. B. Cain, page 2 (V-1184) "Provided,however, that the provisions of this Act shall not apply to any county havl a population of less than twenty thou- sand"&20,000) inhabitantsaccording to the last precedlng.FederalCensus when such coun- ty IS a part of two (2) or more Judicial Dls- trlcts which Judicial Districts embrace more than two (2),counties." It will be noted from the foregoing that in each county having two or more district courts hold- sessions therein where the population Is not less than 20,000 inhabitants,jurors shall be selected from the list of qualified jurors of such county as shown by :,:A tax list and selected by the method outlined In Articles 2095-2100. Therefore, it is our opinion that the Jury Wheel Law is applicable to Liberty County. This con- clusion is further strengthenedby reason ~'::? the fact that the 1949 amendmenttoArtIcle 2094 (SOBO 36, Acts .~ 51st Leg., R.S. 1949, ch. 467, p* 868) co&ained the following emergency clause: "The fact that there are now some coun- ties in Texas which do not have the popula- tions provlded In Article 2094, to require It should be pointed out that a discrepancyex- fsts between the Jury Wheel Law (Arts. 2094-2100,V.C.S.) and the method prescribed for the selection of a special venfre (Arts. 591 and 592, V.C.C.P.). Article 591 is ap- plicable only to counties having a population of at least 58,000 Inhabitants or having therein a city of 20,000 or more population,whereas Article 592 applies to counties which operate under the jury commission system. Therefore. na specific provision exists for the selection of special venires in Liberty County, which ccmes under the Jury Whe% ikw but which has a population of less than 58,000and does not have a city of 20,000 or more inhabitants. . Hon. Chap. B, Cain, page 3 (V-1184) In Attorney Generalas Opinion V-952 (1949), It was saidn "Since there Is no speclflc provision for the selection of a Special Venlre in couutieshaving a population between 46,000 and 58,000 and In view of Taylor v. State, a trial by jury wfll not fall but the court may supply the omissions. "In capital cases ve belleve that as a practical matter, the provisions of Article 591 as to the selection of Special Venlres are best suited to yam county inasmuch as the selection of juries generally Is under the Jury Wheel law. (Art, 2094)." Articles 2094-2100, V.C.S., cmmonly re- ferrsd to as the "Jury Wheel Y&W," are appll- cable to Liberty County, such county having a population of mope than 20,000 inhabitantsand oomprielnga part of the 75th and 88th Judl- cial mteiOt8 D APPROVRDs Youaw very truly, J. C. Davis, Jr. PRICE IIARIRL county Afraipsmesian Attorney General Jesse P. Luton, Jr. Revievlng Assistant Charles D. Mathews FirstAssistant