Attorney tries pushing lawsuit against El Paso County jury duty fines

Attorney Mark Davis at the 8th Court of Appeals trying to push his lawsuit through against jury duty fines. (Credit: KFOX14)

A local attorney suing El Paso County for what he claims are illegal jury duty fines will have his lawsuit considered for another trial.

On Thursday, Mark Davis, the attorney, appealed this case for the second time at the El Paso County Courthouse.

Davis’ argument is that the jury duty court was created by the county. According to Davis, only the Texas Legislature can legally create the courts.

Davis is arguing the county took $4.7M in jury fines since 1999. On Tuesday, KFOX14 heard from the county in court on why it claims it is not at fault.

One of the county’s arguments is that it is taking the stance the county has governmental immunity when it comes to lawsuits. The second argument is that it claims it is not the one establishing the fees or implementing them.

The county says the judge who looks over the jury court is the one setting the fees for those who miss jury duty.

“The county, who has the money, is saying it shouldn’t have to pay back the money because it didn’t create the false court,” Davis said. “Well, the county took the money. For years it did this. And it had a clerk that people were going to after their hearing paying the fines and the county never once said ‘we shouldn’t take this, it’s against the law.’”

The county attorney could not comment about the case.

The court of appeals is currently in the process of considering the case to go to trial.

No timeline yet on when that will happen.

Davis said the last time he went to the court of appeals on this case he was immediately denied.

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