Untitled Texas Attorney General Opinion ( 1952 )


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  • March 31, 1952 Hon. J. R. Alamia Opinion No. V-1430 Criminal District Atty. Hidalgo Co,unty Re: Authority of the County Edinburg, Texas Judge to commit a delin- quent boy to the Youth Development Council with- out action by the Juve- Dear Mr. Alamia: nile Board. Your request for an opinion of this office relates to the commitment of a j,uveniledelinquent, and presents the following q.uestions: "Question #l. Since we have in this co,untytwo District Courts, should the judges of the said two District Co,urts,to- gether with the County Judge of this county, meet as a j,uvenileboard and designate one of the District Courts as a j,uvenilecourt, especially since the enactment of the stat- ute creating the juvenile board, said board has not met and we have at this time a new District Judge and a new County Judge? "Question #2. Assuming the facts in Question #l, would the County Judge of Hi- dalgo County, Texas, being a member of the juvenile board of Hidalgo County, have any jurisdiction to hear the facts in the above mentioned case and commit the boy to Gates- ville if his discretion so dictated? "Question #3. Assuming the facts in Question #l, could the County Judge of Hi- dalgo County, Texas, being a member of the juvenile board of this county, have a right to hear the facts fn the case~and then re- commend to the District Judge, who has in the past heard all cases of juvenile delin- quency in this county, that the boy be com- mitted to the Gatesville School for Boys?" Article 5139B, V.C.S., provides: , Han, J. R. Alamia, page 2 (V-1430) 'In all counties having a population of more than one hundred thousand.(100,000) inhabitants, according to the lastpreced- ing Federal Census, and bordering on the Republic of Mexico, the Judges of the Dis- trict Courts and the County Judges are here- by constituted a County Juvenile Board. The members of the County Juvenile Board shall each be allowed additional compen- sation in the amount of Fifteen Hundred ($1500000) Dollars per annum which shall be paid in twelve (12) equal installments out of the general funds of the county. Provided, however, that no member of such Board shall receive more than Fifteen Hun- dred ($1500.00) Dollars per annum as $om- pensation for services on such Board. Section 4 of Article 2338-1, V.C:S., is in part as follows: "Section 4. There is hereby estab- lished as follows in each~county of the State a court of record to be known as the juvenile court, having such jurisdic- tions as may be necessary to carry out the provisions of this Act. "In all counties having only one (1) district court and having a juvenile board, such board shall designate the county court or the district court to be the juvenile court for such county, and in all other counties having only one (1) district court, but no juvenile board, the county judge and the district judge of such county shall designate the county or district court of such county asthe juvenile court. In coun- ties having two (2) or more district courts or one (1) or more district co,urtsand one (1) or more criminal district courts, and having a juvenile board, such board shall designate one (1) of such district courts or criminal district courts to be the juve- nile court of such county, and in all other counties having two (2) or more district courts, or one (1) or more district courts and one (1) or more criminal dis,trictcourts, the judges of such courts and the county Hon. J. R. Alamia, page 3 (v-1430) judge of such counties shall designate one (1) of such district courts or crimi- nal district courts as the juvenile court of such county. All such designations may be changed from time to time by such boards or such judges as are authorized herein to make the same, for the conven- ience of the people and the welfare of minors; provided, that there shall be at all times a juvenile court designated for each county. It is the intent of the Legislature that in selecting a court to be the juvenile court of each county, such selection be made as far as practicable so that the court desig- nated as the juvenile court will be one which is presided over by a judge who has a sympathetic understanding of the problems of child welfare, and that changes in the desig- nations of juvenile courts be made only when the best interests of the public require it." Hidalgo County has a population of 160,446 inhabitants according to the 1950 'FederalCensus, and borders on the Republic of Mexico. Therefore, the provisions of Article 5139B are applicable and there is established a juvenile board within the county. There are also two district courts within the county, namely the 92nd and 93rd Judicial District.Courts. Section 4 of Article 2338-1, V.C,S., expressly provides that "in counties having two (2) or more district courts o 0 . and having a juvenile board such board shall designate one of such district courts 0 0 e to be the juvenile court of such county." Therefore, in answer to your first question it is our opinion that the juvenile board should meet and designate one of the district courts as the juvenile court of Hidalgo County. Concerning your second question, Section 5 of Article 2338-1, V.C.S., provides that: "The Juvenile Co,urt shall have exclu- sive original jurisdiction in proceedings governing any delinquent child, and such court shall be deemed in session at all times." Articles 1083 thro.ugh1093, V.C,C.P., with regard to jurisdiction of the county court in cases Hon. J. R. Alamia, page 4 (V-1430) involving delinquent children, were specifically re- pealed by Section 24 of Article 2338-1, V.C.S. Based upon these provisions, it is our opinion that the coun- ty judge of Hidalgo County, although a member of the juvenile board, has no jurisdiction to hear facts in a particular case and commit a subject to the Youth De- velopment Council. The general tenor of Article 2338-1, V.C.S., indicates that the Judge of the J~uvenileCourt has ex- clusive jurisdiction to conduct the hearing as well as to proceed to completion in every case within the pro- visions of that statute. Section 13 indicates very clearly that the j.uvenilecourt must hear the facts in that it provides: "The Judge may conduct the hearing in an informal manner and may adjourn the hearing from time to time. In the hearing of any case the general public may be excluded. All cases involving children shall be heard separately and apart from the trial of cases against adults. "If no jury is demanded, the Judge shall proceed with the hearing. When the proceed- ing is with a jury, the verdict shall state whether the juvenile is a 'delinquent child' within the meaning of this Act, and if the Judge~or jury finds that the child is delin- quent, or otherwise within the provisions of this Act, the court may by order entered pro- ceed as follows:" You are therefore advised in answer to your third question that a child may be adjudged delinquent only after a hearing in the juvenile court and the Judge of that Court is not authorized to enter a judgment upon recommendations of the County Judge witho,uta hearing in the juvenile court. .’ . Hon. J, R. Alamia, page 5 (V-1430) SUMMARY The juvenile board in Hidalgo County, a c0,unt.y with two district courts, must appoint one of the district judges as a juvenile court. Yours very truly, APPROVED: PRICE DANIEL Attorney General J. C. Davis. Jr. County Affairs Division E. Jacobson B,r%-u_wlu, Reviewing Assistant Burnell Waldrep Assistant / Charles D. Mathews First Assistant

Document Info

Docket Number: V-1430

Judges: Price Daniel

Filed Date: 7/2/1952

Precedential Status: Precedential

Modified Date: 2/18/2017