Mississippi Advisory Opinions July 16, 1987: 19870716 (July 16, 1987)

Advisory Opinion Text

Mr. T.E. Wiggins

Circuit Clerk

Lowndes County

Post Office Box 127

Columbus, Mississippi 39703

Dear Mr. Wiggins:

Attorney General Edwin Lloyd Pittman has received your letter of inquiry and has assigned it to me for research and reply. In your letter you ask the following:

In your opinion would the procedure below meet the requirements of Section 13-5-1 through 13-5-26 Code of 1972 amended:

In April of each year the Jury Commission declares the computer list of qualified electors of the county as the “Master List of County Voter Registration”. This list is used in the selection of jurors. The Senior Circuit Judge declares by Order that the computer containing the names of the qualified electors comprising the master list, to be the jury wheel and the jury box and then orders the Circuit Clerk to have a given number of names printed out by percentage ratio for each week of Court or for use in trials at a stated time.

Based upon our examination of the relevant jury laws the procedure, outlined above, for selection of jurors is in compliance with State law. Section 13-5-4, Mississippi Code of 1972 as amended in relevant part provides:

(c) “Master list” means the voter registration lists for the county.

(d) “Voter registration lists” means the official records of persons registered to vote in the county.

(e) “Jury wheel” means any physical device or electronic system for the storage of the names or identifying numbers of prospective jurors.

(f) “Jury box” means the jury wheel in which is placed the names or identifying numbers of prospective jurors whose names are drawn at random from the jury wheel and who are not disqualified.

Emphasis ours.

Section 13-5-8(1), Mississippi Code of 1972 as amended states that “in April of each year, the jury commission for each county shall compile and maintain a master list consisting of the voter registration list for the county.” In section 13-5-10, Mississippi Code of 1972 as amended we find the following:

The jury commission for each county shall maintain a jury wheel into which the commission shall place the names or identifying numbers of prospective jurors taken from the master list. If the total number of prospective jurors on the master list is one thousand (1, 000) or less, the names or identifying numbers of all of them shall be placed in the jury wheel. In all other cases, the number of prospective jurors to be placed in the jury wheel shall be one thousand (1, 000) plus not less than one percent (1%) of the total number of names on the master list. From time to time a larger or additional number may be determined by the jury commission or ordered by the court to be placed in the jury wheel. In April of each year, beginning in 1976, the wheel shall be emptied and refilled as prescribed in this chapter.

Emphasis ours.

Lastly section 13-5-6, Mississippi Code 1972 as amended, in pertinent part reads:

(2) A judge or any court or any other state or county official having authority to conduct a trial or hearing with a jury within the county may direct the circuit clerk to draw and assign to that county or official the number of jurors he deems necessary for one or more jury panels or as required by law for a grand jury, except as otherwise provided by subsection (3) of this section. Upon receipt of the direction, and in a manner prescribed by he court, the circuit clerk shall publicly draw at random from the jury box the number of jurors specified.

(3) The court may order that the drawing and assigning of jurors pursuant to subsection (2) of this section may be performed by randon selection of a computer or electronic device pursuant to such rules and regulations as may be prescribed by the court. The jurors drawn for jury service shall be assigned at random by the clerk to each jury panel in a manner prescribed by the court.

There is no question that in April of each year the Jury Commission in Lowndes County can properly declare the computer list of qualified electors of the county as the “Master List of County Voter Registration.” See: § 13-5-4(c)(d) and § 13-5-8 . The Senior Circuit Judge also can declare, by order, that the computer containing the names of the qualified electors comprising the master list, be the jury wheel and the jury box. Section 13-5-10 merely sets the minimum number of prospective jurors which should appear on the master list. It leaves the maximum number within the discretion of the judge. Therefore, as is the practice in Lowndes County, the jury wheel and jury box can be declared the master list. Likewise, authority for the Senior Circuit Judge to order the Circuit Clerk to have a given number of names printed out at random for each week of court or for use in trials at a stated time can be found in § 13-5-26(2) and (3) .

In the event this office can assist you in the future, please feel free to contact us.

Sincerely,

Edwin Lloyd Pittman Attorney General.

Leyser Q. Morris Special Assistant Attorney General.