Joseph MacBeth was charged by accusation in the State Court of Henry County with driving under the influence of alcohol to the extent that it was less safe for him to drive OCGA § 40-6-391 a 1. He appeals the denial of his motion challenging the traverse jury list, arguing that the trial court erred in ruling that it lacked jurisdiction over such a challenge. For the reasons set forth below, we reverse the trial court’s ruling that it lacked jurisdiction over MacBeth’s challenge to the traverse jury list and remand the case for further action consistent with this opinion. Whether a trial court lacked subject matter jurisdiction is an issue of law that we review de novo for plain legal error. Goddard v. City of Albany .1 So viewed, the record shows that on June 23, 2009, MacBeth was charged by accusation in the State Court of Henry County with one count of driving under the influence of alcohol to the extent that it was less safe for him to drive. Shortly after being charged, MacBeth filed a motion to challenge the traverse jury list pursuant to the Sixth and Fourteenth Amendments to the United States Constitution, Article I, Section I, Paragraph I of the Georgia Constitution, and OCGA § 15-12-40 et seq. Specifically, MacBeth argued that African-Americans were under-represented in the Henry County jury list, and therefore, the list did not represent a fair cross-section of the community as required by the Sixth and Fourteenth Amendments to the United States Constitution. See Duren v. Missouri .2 He further requested that the court order the Henry County Jury Commission to reconstitute the jury list so that it would represent a fair cross-section of the community.
The trial court scheduled a hearing on the matter, and in preparation for that hearing, MacBeth subpoenaed four members of the Henry County Jury Commission. In addition, MacBeth moved the court to take judicial notice of census information pertaining to Henry County. At the hearing, the State argued that MacBeth was seeking an equitable remedy, and therefore the trial court lacked jurisdiction over the matter. The court agreed and issued an order denying MacBeth’s motion, finding that, as a state court, it lacked jurisdiction because MacBeth “was essentially seeking a writ of mandamus as he sought an order from this Court ordering the Jury Commissioners to repopulate the current jury list for Henry County.” See Ga. Const. of 1983, Art. VI, Sec. I, Par. IV “only the superior and appellate courts shall have the power to issue process in the nature of mandamus”.
