Earlier this week El Paso lawyer Mark T. Davis was on the show talking about a lawsuit he has filed against the County alleging they are illegally fining people for missing jury duty. Davis says that the jury fee court was not mandated by the Texas State Legislature, therefore, they cannot fine people because only the legislature can set up courts.

Davis has been fighting this lawsuit for a few years, but the last time he filed it, it was thrown out of court. This time around, the courts say they will consider letting his lawsuit go forward.

Davis told KFOX 14 he is suing because since 1999, the County has taken in over four and a half million dollars in fines and he wants them repaid. The County says they have governmental immunity when it comes to lawsuits, and it wasn’t them who established the fees or is implementing them, it’s the judge in the jury fee court.

I find it hilarious that the County is essentially saying that some guy showed up one day at the courthouse and took over a room and started fining people for missing jury duty.

Davis told Mike and Tricia Mornings that if the State were to mandate the court, he would have no problem with it, but until they do that, he thinks the County should stop fining people for missing jury duty.

The good news for Davis, and potentially the thousands of people who have paid fees for missing jury duty, is the ourt of appeals is currently in the process of considering the case to go to trial.