§ 22-32. Selection process
(a) Source list.
(1) The source of names of persons for jury service shall be as provided in V.T.C.A., Government Code § 62.001. In accordance with V.T.C.A., Government Code § 62.001, the source of names shall be the current voter registration lists from all precincts in the county as contained in the voter registration electronic file of all precincts in the county, excluding the names of persons who are disqualified or who are exempt from jury service as provided by V.T.C.A., Government Code §§ 62.108 and 62.109. The source of names shall also include all names on a current list to be furnished by the state department of public safety, showing the citizens of the county holding a valid state driver's license and the citizens of the county, other than those who are disqualified from jury service, who hold a valid personal identification card or certificate issued by the state department of public safety.
(2) The county district clerk shall notify the secretary of state not later than 90 days before a combined list of names is needed to reconstitute the list of names of persons for jury service in the county when such a list will be required and the format required. The county district clerk shall also notify the voter registrar (elections administrator) of the county of when to send the required information to the secretary of state and shall provide to the elections administrator a certified list containing the names of persons convicted of felonies in the county.
(3) Upon notification by the county of the county district clerk, the voter registrar (elections administrator) shall certify and provide to the secretary of state a current voter registration list from all precincts in the county containing the information required by V.T.C.A., Government Code § 62.001(c). The names of convicted felons and persons exempt from jury service under V.T.C.A., Government Code §§ 62.108 and 62.109, shall be excluded from the list unless the secretary of state requests that the names of convicted felons and persons exempt from jury service be included on the list and be marked in a manner which will indicate which persons are exempt or are convicted felons. If the elections administrator excludes names from the voter registration list, a list or lists of the excluded names shall also be sent to the secretary of state.
(4) The voter registrar (elections administrator) shall include on the lists, if possible, any information requested by the secretary of state, which would aid in the elimination of duplicate names from the combined list or which would aid in the elimination of the names of persons exempt or disqualified from jury service from the list provided by the department of public safety.
(5) The voter registrar shall cooperate, where feasible, with the secretary of state in providing requested information and the required lists of data to the secretary of state in a manner in the format requested by the secretary of state.
(6) After the lists have been combined as provided in V.T.C.A., Government Code § 62.001, the county district clerk shall receive the certified combined list from the secretary of state.
(7) The combined list shall be on a reel of data processing magnetic tape or cartridges. If the secretary of state returns the combined list on a reel of magnetic tape, the county district clerk shall direct that the data on the tape be transferred to a cartridge capable of being processed by an electronic data processing machine equal to or superior to such machine known as the Hitachi Data Systems XL50. The original tape shall then be securely stored by the county district clerk and kept free of magnetic impulses. If the secretary of state returns the combined list on a data processing cartridge, the county district clerk shall direct that a copy of the cartridge be generated and shall keep the original cartridge securely stored and free of magnetic impulses.
(8) The county district clerk shall direct that one copy of the cartridge is processed in an electronic data processing machine so as to eliminate all data other than the name, address, voter registration number, driver's license number, or personal identification card number of each person on the cartridge, and the sequence numbers assigned by the data services department. There shall then be printed, in alphabetical order, a copy of the resulting list. This list shall be known as the prospective juror list. A cartridge containing the same information as the list shall also be generated. This cartridge, which shall be known as the prospective juror list cartridge, shall be the source from which all jurors will be selected and supplied. One copy of the prospective juror list, along with one copy of the prospective juror cartridge, shall be stored in a vault in the county district clerk's suite of offices. The cartridge shall be secure from magnetic impulses at all times. One copy of the prospective juror cartridge shall remain securely stored at the offices of the data services department of the county and shall be kept free from magnetic impulses.
(9) At the direction of the local administrative district judge when it is necessary to select persons for jury service, the county district clerk or his deputy shall cause the prospective juror cartridge to be transported to a computer machine of the type and capacity specified above. The local administrative district judge or his deputy and the county district clerk or his deputy shall direct that the names of the prospective jurors be selected by the computer for the purpose of preparing jury summonses. Names of prospective jurors for service at the Crowley Courts Building, the Allen Courts Building or on special venires may be selected by separate computer runs. A new cartridge is then created, less the names of prospective jurors selected, and a copy of the new cartridge is returned to the county district clerk and a copy to the data services department, each to be securely kept and free from magnetic impulses. A true and complete written list of the names and addresses of persons summoned to begin jury service shall be filed on record with the county clerk at least ten days prior to the date such persons are to begin jury service. Additional lists may be produced to facilitate the handling of necessary paperwork in processing the jury list.
(10) The tape containing the names and addresses of prospective jurors selected by the computer for the purpose of preparing jury summonses may then be delivered to a private vendor with which the county has entered into a contract with for the preparation and mailing of jury summonses. The vendor shall then prepare and mail the jury summonses in accordance with the contract. The vendor shall also print a list containing the names and addresses of those summoned to begin jury service on a particular date. All copies of the tape and the list shall be returned to the data services department of the county after the summonses have been prepared. A copy of the list shall also be returned to the jury room bailiff (also referred to as the manager of jury services) for the county.
(11) Information contained on the tape of prospective jurors and the juror lists is to remain confidential. Any vendor contracting with the county to prepare and mail jury summonses shall enter into an agreement with the county to keep juror information confidential and shall not sell or otherwise disclose any information on the juror tapes or lists without prior approval of the county. In addition, any vendor so contracting with the county shall not add or delete any names to or from the juror tapes and lists, and shall not tamper with the order of the names on the tapes.
(12) The electronic data processing system should enable the prospective juror cartridge to be updated at each jury pull for name and address changes by comparing it to the updated voter registration electronic file. However, no names are to be added to, deleted from, or returned to the prospective juror cartridge until the list is reconstituted except as provided by statute, unless a written opinion authorizing such additions or deletions is issued by the state attorney general's office or a final decision from a controlling court holds that such additions or deletions are permissible. The data services department shall maintain a record of all changes made to the prospective juror cartridge.
(b) Random selection. A computer program based on random number tables or on random numbers generated by mathematical equations shall be utilized to select, in a fair, impartial and objective manner, persons to be summoned from the source list for jury service. Activation of the computer program shall cause the computer to produce lists showing the names and addresses of persons selected for designated dates. Instructions for the program shall be kept secure by the district clerk and shall be available for public inspection upon request.
(c) Duration. The list of prospective jurors shall be reconstituted every 2.5 years or when the list is exhausted, whichever occurs first. The jury room bailiff (also referred to as the jury services manager) shall keep the county district clerk apprised of the number of prospective jurors used, and the number of names remaining on the list. The county district clerk in his discretion may order the reconstitution of the jury list prior to, or after, the 2.5 year period in order to accommodate the use of updated lists due to the purging of names of disqualified or exempt persons from the voter registration list or the department of public safety list, and the addition of new names to the lists. In no event may the duration of the list be less than two years unless the list is exhausted.
(Ord. No. 99-1263, § 2, 7-6-1999)