SAN DIEGO -- A San Diego judge threw out a lawsuit, claiming the county's system for summoning jurors is unconstitutional because Latinos are underrepresented on downtown juries, 10News reported.

Judge David M. Gill dismissed the case filed lawyers for a black man charged with killing two ex-girlfriends.

The lawsuit was based on a report that 19 percent of the jury-eligible population is Latino, but only 9.4 percent show up to serve on downtown juries, where the defendant would be tried. But Gill said the practice was OK, because the government could only control who was summoned -- not who shows up for jury duty.

Plaintiffs attorney Christopher Plourd told the Union-Tribune that he would ask an appellate court to reverse the ruling.

"We have a writ prepared, and we will file it in a week or so," he said.