ORDER NO.29447
APPROVE KERB COUNTY JURY SELECTION PLAN
Came to be heard this the 24th day of October, 2005, with a motion made by
Commissioner Letz, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 4-0-0 to:
Approve the Kerr County Jury Selection Plan, as amended to reflect the
changes required by HB75 and SB 1704.
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COMMISSIONERS' COURT AGENDA RE VEST
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PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THE REOUEST AND
DOCUMENTS TO BE RE4IEWED BY THE COURT
MADE BY Linda Uecker OFFICE: District Clerk
MEETING DATE: _ , 2005., TIME PREFERRED:
SUBJECT: (PLEASE BY SPECIFIC)
Request approval of the Kerr County Jury selection plan, as amended to reflect the changes
required by HB75 and SB 1704.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Linda Uecker
ESTIMATED LENGTH OF PRESENTATION: 10 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 RECEIVID 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.
I have original for signature - lu
HERR COUN'1R ]URY SELECTION PLAN
A plan for the method of selecting jurors by mechanical and electronic means was originally
adopted in 1984, amended in 1988 and amended in 2003. It is therefore recommended to the
Commissioner's Court of Ken 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, shall comply with SB 1 T04 & HB T5
T9'h Legislature 2005 and become effective January 1, 2006.
I. SOURCE OF NAME5
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 cazd or certificate issued by
the department other than persons who aze 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.
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).
H. 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 speci5ed above.
III. OFFICIAL IN CHARGE
The clerk of the district courts of Kerr CoUmty, Texas is designated as the official to be in chazge
of the selection process, and shall have the duties and authority set forth herein.
IV. SELECTION OF JIIROR5
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 yeaz have been loaded in the system the
presiding judge from time to time shall order the district clerk to summon however many jurors
are needed fox a pazticulaz jury day or week. Upon receipt of instructions from a District Judge,
Judge of the County Court at Law, the County Judge or a justice of the Peace or a designee to
select a list of prospective jurors for a certain day or week, the district 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 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
particulaz day or week in a particulaz court to appeaz 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 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. JUDICIAL ERCUSES
As provided by Section 62.110, Government Code, a court may heaz any reasonable excuse of a
prospective juror and release him/her from jury service entirely or until another day of the term.
In all cases except a capital murder case the Court's designee may heaz any reasonable excuse
of a prospective juror, including any claim of an exemption or a lack of qualification, and
discharge the juror or release him/her from jury service until a specified day of the term. For
the purpose of this jury selection plan the Judges appoint the Clerk of the Court and the Court
Administrator as their designees in the proper court.
A prospective juror may not be excused for an economic reason unless each party of record is
present and approves the release of the juror for that reason.
-, -;' VIII. POSTPONED JURORS
The Clerk of the court in which the jurors are summoned shall heaz requests for
postponement if the
preceding yeaz. The
originally summoned.
person summoned has not been granted a postponement within the
substitute date shall be within six months of the date the person was
and grant a
~. RECONSTITIITION OF JoRY SOIIRGE
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,
-~-- RECOMMENDHTION
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 62,01`i be
submitted to the Commissionex's Court of Kerr County for approval and entry in the minutes of
the Court. The plan will become effective January 1, 2006.
Ordered this the day of L{.~, 2005.
,.i a
StephehB. Ables, Judge
216th judicial District Court
Kerr County, Texas
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Emil Karl Prohl, Judge
198s' Judicial District Court
Kerr County, Texas
WHEREAS, the District judges of Kerr County have recommended to the Commissioner's Court
of Ken County that the herein proposed, "Jury Selection Plan" be officially approved and
adopted for Ken County, Texas and;
NOW THEREFORE IT' IS ORDERED by the Commissioner's Court of Ken County, Texas that the
proposed "Jury Selection Plan" is hereby officially approved and adopted to become effective
January 1, 2006 and ORDERED to be recorded in the official minutes of this Court on the _
day of 2005.
Pat Tinley, County Judge
W.E. "Buster" Baldwin
Commissioner, Precinct 1
Jonathon Letz
Commissioner, Precinct 3
William "Bill" Williams
Commissioner, Precinct 2
Dave Nicholson
Commissioner, Precinct 4