Langdon

Biyan Elwood Langdon was convicted by a juiy in the Madera-Sierra Judicial District of misdemeanor drunk driving in violation of Vehicle Code section 23102, subdivision (a). He challenged the composition of the jury panel on the ground that it was drawn only from residents of the former Madera Judicial District, which challenge was disallowed by the justice court judge before whom the case was tried. On appeal to the Appellate Department of the Superior Court of Madera County the conviction was reversed. This court accepted certification. (Cal. Rules of Court, rule 63 (a).)

We have concluded that though it is constitutionally and statutorily permissible to draw criminal trial jurors from a representative cross-section of a geographical area wherein a crime is committed, a board of supervisors has no power to authorize a county clerk to excuse prospective jurors from serving on a jury list or to establish blanket geographical classifications of those residents of an entire justice court judicial district who shall not serve, that power being vested in a judge of the judicial district. However, the procedure employed in this instance, though improper, did not deny the…