Barzellone v. Presley

¶ 1 Three issues are presented on appeal. The first is whether the imposition of a jury fee violates the Okla. Const, art. 2, § 19 1 providing that the right to jury trial shall be and remain inviolate or the guarantee of access to courts found in the Okla. Const, art. 2, § 6. 2 If a jury fee is constitutionally permissible, we are asked whether the $349.00 fee provided by 28 O.S. Supp.2004 § 152.1(A)(7) 3 is excessive. Finally, we must determine whether the $349.00 jury fee imposed is refundable if no jury is called.

112 We determine that the collection of jury fees, which may be charged as a…