Untitled Texas Attorney General Opinion ( 1966 )


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  • Colonel Homer Garrison, Jr.        Opinion No. C-741
    Director
    Texas Department of Public         Re:   Authority of Texa? Rangers
    Safety ,-                                to execute civil contempt
    Box 4087, North Austin Station           process and related ques-
    Austin, Texas                            tions.
    Dear Colonel Garrison:
    Your opinion request of August 11, 1966, sets out
    the following facts:
    "Recently this office received an Order
    from the Domestic Relations Court of Harris
    County which purported to be a Writ of Com-
    mitment, addressed 'To Any Texas Ranger With-
    in the State of Texas.' After much conslder-
    ation, this office returned the instruments
    to Judge J. W. Mills of the Court of Domestic
    Relations, Harris County, Texas, with a letter
    indicating that we did not think this office or
    any Ranger had authority to obey a Writ of
    Commitment. On August 9, 1966, we received
    corrected instruments entitled 'Writ of Commlt-
    ment' issued 'To Any Texas Ranger Within the
    State of Texas,' together with a letter from
    Judge Mills asking that the Writs be served.
    A copy of the letter and instruments are attached
    hereto."
    You then request our opinion on the following questions:
    "1 . Is a Ranger a proper person to satisfy
    a Commitment?
    " 2. If your answer to Question No. 1 is
    'yes,I can a Texas Ranger legally satisfy the
    Order of the Court attached hereto?
    "3. If your answer to Question No. 1 is
    'yes,' should the person taken into custody
    by the Ranger be considered under arrest?
    -3576-
    Colonel Homer Garrison, Jr., page -2- (C-741 )
    If it is your opinion that such person would
    be considered under arrest, wouldthe Ranger
    need to take such person Immediately be-
    fore a magistrate In the county where he
    was arrested and, f so, would the magls-
    trate in said coun5y have the authority
    to set ball for the prisoner?"
    To begin with we point out that upon a finding of
    disobedience to a child support order the court may enforce
    its jud ment by orders as in other cases of civil contempt.
    Rule 308-A, Texas Rules of Civil Procedure. Therefore, we
    must look to the applicable provisions of the Civil Statutes
    and the Texas Rules of Civil Procedure In order to find an
    answer to your problem.
    In answer to Question No. 1 it Is our opinion that based
    upon Article 4413 (11) (4) the Texas Rangers "have authority
    to execute process       in civil cases when specially
    dire&d   by a judge of a co%   of record; and in all cases
    shall be governed by the laws regulating and defining the
    powers and duties of sheriffs when in the discharge of sim-
    ilar duties." Thus, since the commitment In question Is
    specifically directed to "Any Texas Ranger Within The State
    of Texas" a Texas Ranger Is a proper person to execute the
    commitment in accordance with the order of the Court causing
    its Issuance.
    The writ of commitment is executed by taking Into
    custody the person named therein and delivering such
    person to the authority named In the order of commitment.
    The order In question directs the Ranger to "take the body
    of (the said defendant) and transport him to the County
    Jail of Harris County, Texas, where he shall be confined by
    the Sheriff of Harris County, Texas." Thus, the writ Is
    sufficiently explicit as to the means of satisfying same and
    may be obeyed. Therefore, a Texas Ranger may legally satisfy
    the order of the court and your Question No. 2 is answered
    in the affirmative.
    The Supreme Court of Texas has held in Rx arte
    Winfree, 
    153 Tex. 12
    , 
    263 S.W.2d 154
    (1953),&estions
    of orocedure in civil contempt cases are not to be resolved
    on concepts borrowed from the detailed requirements relating
    to criminal prosecution. See also 20 Tex. Bar Jou;hu;4 (1957)
    and Attorney General's Opinion No. C-733 (1966).
    although the defendant could for some purposes be considered
    as "under arrest" it is our opinion that the detailed re-
    quirements of the Code of Criminal Procedure relating to his
    be.ting
    taken before a magistrate, bail, etc., would not apply
    -3577-
    Colonel Homer Garrison, Jr., page -3-         (C-741   )
    since the action is not governed by the Rules of Criminal
    Procedure.
    SUMMARY        _,-
    A Texas Ranger Is a proper person, when
    specially directed by a judge of a court of
    record, to execute a writ of commitment for
    contempt in child support cases and the
    person so taken into custody, although hc
    may be considered under arrest, need not be
    taken immediately before a magistrate nor
    be granted bail.
    Yours very truly,
    WAGGONER CARR
    Attorney General of Texas
    BY
    Assistant Attorney General
    CBS/pw
    APPROVED:
    OPINION COMMITTEE
    W. 0. Shultz, Chairman
    Malcolm Quick
    Pat Bailey
    Lonnie Zwlener
    Doug Chilton
    APPROVED FOR THE ATTORNEY GENERAL
    BY T. B. WRIGHT
    -3578-
    

Document Info

Docket Number: C-741

Judges: Waggoner Carr

Filed Date: 7/2/1966

Precedential Status: Precedential

Modified Date: 2/18/2017