ORDER N0.28328
Kerr County Jury Selection Plan
On this the 22 day of September 2003 upon motion made by Commissioner Letz,
Seconded by Commissioner Williams, the Court unanimously approved by vote
of 4-0-o to approve "Kerr County Jury Selection Plan" to comply with
Chapter 62 of Texas Government Code and adding provision of HB
2188 as presented by the District Clerk as follows:
KERR COUNTY JURY SELECTION PLAN
A plan for the method of selecting jurors by mechanical and electronic means was originally adopted in
1984 and amended in 1988. It is therefore recommended to the Commissioner's Court of Kerr County,
Texas that the following plan for the electronic selection of person for jury selection be adopted in
accordance with Chapter 62 of the Texas Government Code. This plan shall supersede any plan
previously adopted.
I. SOURCE OF NAMES
Pursuant to Section 62.001, Government Code, the source of which names of prospective
jurors will be taken will be~
1. The names of all persons on the current voter registration list from all the precincts
in the county.
2. All names on a current list to be furnished by the Texas Department of Public
Safety, showing the citizens of Kerr County who hold a valid Texas driver's license,
and the citizens of the county who hold a valid personal identification card or
certificate issued by the department other than persons who are disqualified from
jury service.
The source of names shall not include those persons listed in a register of:
1. Persons exempt from jury service under Govt. Code 62.108, permanent exemption because of
age.
2. Persons exempt from jury service under Govt. Code 62.109, permanent exemption because of
physical or mental impairment or inability to comprehend English.
10
3. Persons exempt from jury service under Govt. Code 62.113, because the person is not a citizen
of the United States.
4. Persons convicted of a felony, residing outside the county or who has been duplicated on the
source list as a potential juror. Govt. Code 62.001(f).
II. METHOD
Persons shall be selected for jury service at random with the aid of electronic equipment in a fair,
impartial and objective manner from the source of names as specified above.
III. OFFICIAL IN CHARGE
The clerk of the district courts of Kerr County, Texas is designated as the official to be in charge of the
selection process, and shall have the duties and authority set forth herein.
IV. SELECTION OF JURORS
The selection of the names of persons for jury service will be made with the aid of electronic equipment.
Once the prospective jurors for the year have been loaded in the system the presiding judge from time to
time shall order the clerk to summon however many jurors are needed for a particular jury day or week.
Upon receipt of instructions from a District Judge or a designee to select a list of prospective jurors for a
certain day or week, the clerk or the designee will instruct the computer program to summon the number
of jurors ordered to be selected. The jurors so selected and qualified may serve interchangeably in all
courts of Kerr County.
V. NOTICE TO PROSPECTIVE JURORS
The Judges of the District Courts, County Court at Law, County Court and Justice Courts shall provide, in
a timely manner to the District Clerk, information regarding the required jury panels for the respective
COUTtS.
A true and complete written list showing the names and addresses of the persons summoned to begin
service on a date specified by the courts shall be printed and kept by the District Clerk until said list has
been used.
The Clerk shall summon by first class mail all persons randomly selected and listed for a particular day or
week in a particular court to appear as jurors.
Jurors selected under this plan and Govt. Code 62.0111(b) may appear in response to a summons by (1)
contacting the county officer or a designee responsible for summoning jurors by computer [electronic
mail] (2) by calling an automated telephone system or (3) by appearing in person.
A juror selected under this plan, the county officer or a designee and the Court or a designee may provide
or exchange information as allowed above to: (1) determine qualifications under 62.102, (2) determine
exemptions under 62.106, (3) submit requests for postponement or excuses under 62.110 and (4)
exchanging information of juror reassignment under 62.016.
All costs incident to this plan shall be paid from the appropriate designated fund maintained by the county
for paying the costs of jury trials.
11
VI. ADDITIONAL JURORS
If the Presiding Judge determines that the number of jurors previously selected for any designated date is
insufficient, he shall direct the Clerk to prepare a supplemental list containing a specified number to be
called for jury service in addition to those previously selected. Such additional persons shall be selected,
listed and summoned in the same manner as those previously selected.
VII. RECONSTITUTION OF JURY SOURCE
At a time each year, on or before December 31, the jury source shall be reconstituted from the certified
list provided by the Secretary of State under the provisions of the Government Code.
VII. RECOMMENDATION
It is hereby ordered that this plan for the selection and management of persons for jury
service with the aid of electronic or mechanical equipment pursuant to Government Code
62.011 be submitted to the Commissioner's Court of Kerr County for approval and entry in
the minutes of the Court. The plan will become effective immediately upon passage.
Ordered this the day of , 20
Stephen B. Ables, Judge Emil Karl Prohl, Judge
216th Judicial District Court 198th Judicial District Court
Kerr County, Texas Kerr County, Texas
WHEREAS, the District Judges of Kerr County have recommended to the Commissioner's
Court of Kerr County that the herein proposed "Jury Selection Plan" be officially approved
and adopted for Kerr County, Texas and;
NOW THEREFORE IT IS ORDERED by the Commissioner's Court of Kerr County, Texas
that the proposed "Jury Selection Plan" is hereby officially approved and adopted to become
effective immediately and ORDERED to be recorded in the official minutes of this Court on
the 22 day of September, 2003 by Court Order No. 28328
12
02 ~'3z9
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THE REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT
MADE BY:_Linda Uecker
t~,rr~ ~ fig.
MEETING DATE:
OFFICE: DISTRICT CLERK
TIME PREFERRED:
SUBJECT: (PLEASE BY SPECIFIC) Request approval of "Kerr County Jury Selection Plan" to
comply with Chapter 62 of Texas Government Code and adding provision of HB 2188.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASO
NAME OF PERSON ADDRESSING THE COURT: Linda Uecker
ESTIMATED LENGTH OF PRESENTATION: 15 minutes
IF PERSONNELL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted pursuant with
Title 5, Chapter 551 and 552, Government Code is by 5:00 PM on the previous Tuesday of a
meeting scheduled for Mondays.
THIS REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:
All agenda requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
meetings. See Agenda Request Rules adopted by the Commissioners' Court.
HERR COUNTY jIIRY SELECTION PLAN
A plan for the method of selecting jurors by mechanical and electronic means was originally adopted
in 1984 and amended in 1988. It is therefore recommended to the Commissioner's Court of Kerr
County, Texas that the following plan for the electronic selection of person for jury selection be
adopted in accordance with Chapter 62 of the Texas Government Code. This plan shall supersede
any plan previously adopted.
I. SOURCE OF NAMES
Pursuant to Section 62.001, Government Code, the source of which names of prospective jurors will
be taken will be:
1. The names of all persons on the current voter registration list from all the precincts in the
county.
2. All names on a current list to be furnished by the Texas Department of Public Safety, showing
the citizens of Kerr County who hold a valid Texas driver's license, and the citizens of the
county who hold a valid personal identification card or certificate issued by the department
other than persons who are disqualified from jury service.
The source of names shall not include those persons listed in a register of:
I. Persons exempt from jury service under Govt. Code 62.108, permanent exemption because
of age.
2. Persons exempt from jury service under Govt. Code 62.109, permanent exemption because
of physical or mental impairment or inability to comprehend English.
3. Persons exempt from jury service under Govt. Code 62.113, because the person is not a
citizen of the United States.
4. Persons convicted of a felony, residing outside the county or who has been duplicated on the
source list as a potential juror. Govt. Code 62.001(f).
II. METHOD
Persons shall be selected for jury service at random with the aid of electronic equipment in a fair,
impartial and objective manner from the source of names as specified above.
III. OFFICIAL IN CHARGE
The clerk of the district courts of Kerr County, Texas is designated as the official to be in charge of
the selection process, and shall have the duties and authority set forth herein.
N. SELECTION OF JQRORS
The selection of the names of persons for jury service will be made with the aid of electronic
equipment. Once the prospective jurors for the year have been loaded in the system the presiding
judge from time to time shall order the clerk to summon however many jurors are needed for a
particular jury day or week. Upon receipt of instructions from a District Judge or a designee to select
a Ii.st of prospective jurors for a certain day or week, the clerk or the designee will instruct the
computer program to summon the number of jurors ordered to be selected. The jurors so selected
and qualified may serve interchangeably in all courts of Kerr County.
V. NOTICE TO PROSPECTIVE jIiRORS
The Judges of the District Courts, County Court at Law, County Court and Justice Courts shaII
provide, in a timely manner to the District Clerk, information regarding the required jury panels for
the respective courts.
A true and complete written list showing the names and addresses of the persons summoned to
begin service on a date specified by the courts shall be printed and kept by the District Clerk until
said list has been used.
The Clerk shall summon by first class mail all persons randomly selected and listed for a particular
day or week in a particular court to appear as jurors.
Jurors selected under this plan and Govt. Code 62.0111(b) may appear in response to a summons by
(1) contacting the county officer or a designee responsible for summoning jurors by computer
[electronic mail] (2) by calling an automated telephone system or (3) by appearing in person.
A juror selected under this plan, the county officer or a designee and the Court or a designee may
provide or exchange information as allowed above to: (1) determine qualifications under 62.102, (2)
`•. determine exemptions under 62.106, (3) submit requests for postponement or excuses under 62.110
and (4) exchanging information of juror reassignment under 62.016.
All costs incident to this plan shall be paid from the appropriate designated fund maintained by the
county for paying the costs of jury trials.
VI. ADDITIONAL j[TRORS
If the Presiding Judge determines that the number of jurors previously selected for any designated
date is insufficient, he shall direct the Clerk to prepare a supplemental list containing a specified
number to be called for jury service in addition to those previously selected. Such additional
persons shall be selected, listed and summoned in the same manner as those previously selected.
VII. RECONSTITIITION OF JURY SOURCE
At a time each year, on or before December 31, the jury source shall be reconstituted from the
certified list provided by the Secretary of State under the provisions of the Government Code.
VII. RECOMMENDATION
It is hereby ordered that this plan for the selection and management of persons for jury service with
the aid of electronic or mechanical equipment pursuant to Government Code 62.011 be submitted to
the Commissioner's Court of Kerr County for approval and entry in the minutes of the Court. The
plan will become effective immediately upon passage.
Ordered this the day of , 20
Stephen B. Ables, Judge
216th Judicial District Court
Kerr County, Texas
Emil Karl Prohl, Judge
198th Judicial District Court
Kexr County, Texas
WHEREAS, the District Judges of Kerr County have recommended to the Commissioner's Court of
Kerr County that the herein proposed "Jury Selection Plan" be officially approved and adopted for
Kerr County, Texas and;
NOW THEREFORE IT IS ORDERED by the Commissioner's Court of Kerr County, Texas that the
proposed "Jury Selection Plan" is hereby officially approved and adopted to become effective
immediately and ORDERED to be recorded in the official minutes of this Court on the day of
20
,~
~~l/
.E. "Buster" Baldwin
/~
Commissioner, Precinct 2
Dade Nicholson
Commissioner, Precinct 4