Mississippi Advisory Opinions March 17, 2000: AGO 2000-0117 (March 17, 2000)

Advisory Opinion Text

The Honorable Larry Ashley

Circuit Clerk, Warren County

Post Office Box 351

Vicksburg, Mississippi 39182

Re: Master Voter Registration List for Jury Selection

Dear Mr. Ashley:

Attorney General Mike Moore has received your letter of request and has assigned it to me for research and reply. Your letter states:

“My deputy clerk, Shelly Palmertree, spoke to you yesterday concerning our jury selection procedure. The procedure we use is in January we certify the voting list for the Jury Commission as the voting list exists in January, but in April when we produce the jury list for the following year we select the jurors from the voting list as it appears in April.

I received the faxed copy of the Attorney General's opinion that points out that the Circuit Clerk is required by 13-5-8(2) to certify the voting list during the month of January each year. The jury list is made from the list of qualified electors as same exists on the date the jury list is made . I have given the Jury Commission a copy of the opinion that you faxed to my office, however, I am still having trouble with our jury commission on this issue, they still seem to believe that the jury list should come from the voter list as it exists in January, not April. I have gone to my senior Circuit Judge Frank Vollor with this problem and he suggested that I write you requesting something in writing stating that my procedure is correct.”

The opinion referred to in your letter was addressed to Mrs. Sue Sautermeister, dated March 14, 1988. We would also point out that Mississippi Code Annotated, Section 13-5-8(1) (1972) requires the jury commission to compile and maintain a master list consisting of the voter registration list for the county in April. We believe that the maintenance of the master list means that it is not to include the names of individuals who are no longer eligible to serve on a jury. Section 13-5-10 requires the jury commission to empty and refill the jury wheel in April of each year. Therefore, it remains the opinion of this office that the master jury list must be made from the list of registered voters as it exists on the date said master list is made.

Sincerely,

Mike Moore, Attorney General.

Phil Carter Special Assistant Attorney General