Opinion No.

Honorable A. D. Clark, III Criminal District Attorney Smith County Tyler, Texas 75702

Re: Repeated service on justice court juries.

Dear Mr. Clark:

The Smith County Auditor has questioned jury-service payments to certain jurors who have been repeatedly appointed to serve in justice courts, and accordingly you ask: `Is the [repeated] use of the same jurors [in a justice court] a violation of Texas Rules of Civil Procedure . . . ?'

Rule 523, Texas Rules of Civil Procedure, states that all rules governing the district and county courts shall also govern the justice courts insofar as they can be…