Potter Stewart

“ They urge that the record demonstrates the causal relation between the conceded absence of Negroes from the commission for at least the past decade and the systematic racial discrimination in the selection of potential jurors established before the District Court. It is argued that even the best-intentioned white jury commissioners are unlikely to know many Negroes who satisfy the statutory qualifications and that white jury officials in Alabama generally regard Negroes as incapable of satisfying the prerequisites for jury membership. ”

“ The District Court found no barrier to such a suit, and neither do we. Defendants in criminal proceedings do not have the only cognizable legal interest in nondiscriminatory jury selection. People excluded from juries because of their race are as much aggrieved as those indicted and tried by juries chosen under a system of racial exclusion. ”

“ Once the clerk submits his list of names, the commission is under a duty to prepare a jury roll and jury box containing the names of all qualified, nonexempt citizens in the county, §§ 20, 24, who are 'generally reputed to be honest and intelligent and are esteemed in the community for their integrity, good character and sound judgment * * *.' § 21. ”

“ He accepts pay for one day's work each year, stating that he does not have a lot of time to put on jury commission work. * * * He takes the word of those who recommend people, checks no further and sees no need to check further, considering that he is to rely on the judgment of others. He makes no inquiry or determination whether persons suggested can read or write * * *. Neither commissioners nor clerk have any social contacts with Negroes or belong to any of the same organizations. ”

“ While there is force in what the appellants say, we cannot agree that s 21 is irredeemably invalid on its face. It has long been accepted that the Constitution does not forbid the States to prescribe relevant qualifications for their jurors. [23] The States remain free to confine the selection to citizens, to persons meeting specified qualifications of age and educational attainment, [24] and to those possessing good intelligence, sound judgment, and fair character. ”

“ In 1966 only 82 Negroes appeared among the 471 citizens listed on the jury roll; 50% of the white male population of the county found its way to the jury roll in that year, but only 4% of the Negro. [5] In 1967, following a statutory amendment, the commission added women to the jury roll. ”

“ The statute simply provides for an exercise of judgment in attempting to secure competent jurors of proper qualifications.' [35]
Again, in Smith v. Texas, [36] we dealt with a statute leaving a wide range of choice to the commissioners. [37] Yet we expressly upheld the validity of the law. ”

“ United States, 380 U.S. 145, 85 S.Ct. 817, 13 L.Ed.2d 709, where we invalidated a provision of the Louisiana Constitution that vested in the State's voting registrars 'a virtually uncontrolled discretion as to who should vote and who should not,' and that had been abused 'to deprive otherwise qualified Negro citizens of their right to vote * * *.' 380 U.S., at 150, 85 S.Ct., at 820. ”

“ From these rulings the appellants took a direct appeal to this Court pursuant to 28 U.S.C. § 1253. We noted probable jurisdiction. 393 U.S. 1115, 89 S.Ct. 990, 22 L.Ed.2d 120. [7]
* This is the first case to reach the Court in which an attack upon alleged racial discrimination in choosing juries has been made by plaintiffs seeking affirmative relief, rather than by defendants challenging judgments of criminal conviction on the ground of systematic exclusion of Negroes from the grand juries that indicted them, [8] the trial juries that found them guilty, [9] or both. ”