Untitled Texas Attorney General Opinion

THEl ATI‘ORTUEY GENERAL
ow TEXAS
AWESTIN. TEXAS
FAGAN DICKsON
---
April 15, 1948
Hon. A. C. Wlnborn, l
District Attorney,
Houston, Texas
Attention: Hon. W. E. Richardson
Opinion Flo. V-546
Ret Clerk who should
serve as Clerk of
the Juvenile Court
Dear Sirr
We refer to your letter of March 23, 1948, in
which you submit the following:
*QU!&STIOB 10. 11 Could the District Clerk
serve as clerk of the Juvenile Court when
the County Judge was sitting as judge of
the Juvenile Court?”
“QWs1OR 10 . 2; Are there any restrictions
in the Statutes prescribing the duties of
the District Clerk of Harris County, Texas,
which would bar him from serving ‘as the
clerk of the Juvenile Court when said Court
Is presided over by a District Judge?”
“Q~TIO~ 10 1: If the District Clerk Is
Clerk of the Juvenile Court when It Is pre-
sided over by a District Judge shall the
same statutory requirements regarding the
specific records, dockets, minutes,,et cet-
era apply as ti other civil matters handled
by the District Clerk’s Offlce?~l
Section 4 of Arttide 2338-l readst
~Establlshment of Juvenile Courts.
There is hereby established as folloWs, in
each county of the state a court of record
to be known as the Juven I le Court, having
Eon. A. C. Winborn - Page 2 (v-546)
such jurisdiction as may be necessary to
carry out the provisions of this Act.
“In counties having juvenile boards,
such boards may designate the County Court
or one or more of the District Courts or
Criminal District Courts to be the Juvenile
Court or Courts for such county, +nd such
deslgndtlon may be changed from: time to
time by such juvenile boards. In all oth-
er counties the District Court or the Coun-
ty Court shall be the Juvenile Court as
agreed between the ,judges of such respec-
tive court’s, but until such time such Coun-
ty Court and District Court shall have con-
current jurisdiction In cases of children
coming within the terms of this Act.
“Said Criminal District Courts and the
judges thereof shall have the same jurisdlc-
tion, powers, authority and duties as is now
or may be conferred upon District Courts in
regard to such children.
“It is provided, however,. that the- jur-
isdiction, powers and duties thus conferred
and imposed upon the established courts here-
under are superadded jur:sdictions, powers
and,.duties, It being the intention of the
J,,Eislature not to create hereby another ~of-
. Appeals from judgments of such Crimi-
nal District Courts shall be taken to the
proper Court of Civil Appeals. As amended
Acts 1945, 49th Leg., p0 5Ze c. 35, El 1.”
The jurisdlctfon, powers, and duties of exist-
ing courts are enlarged; but, no new or different court
is created by the law, so that clerks of the respective
courts contitiue to function in the enlarged jurisdiction.
The Juvenile Court Act was held valid by the
Supreme Court of Texas in Dendy v. Wilson, 142 TEX. 460,
179 S.W. (2d) 269, 151 A.L.R, 1217.
The Clerk of the District Court may not serve
as clerk of a Juvenile Court when a County Judge sits as
such court. There is no statutory restriction on the
Hon. A. C. Wlnborn - Page 3 (v-546)
duty of the District Clerk of Harris County to serve as
clerk of the Juvenile Court when such court is presided
over by a District Judge. The same statutory require-
ments regarding records, dockets, and minutes apply to
such duties as In other civil matters in such courts.
The law contemplates that clerks of the district and
county courts, respectively, should serve as clerks of
such respective courts in their enlarged jurisdiction to
the same extent as is required of them in other proceed-
ings of such courts.
SUMMARY
Clerks of the District Courts should serve
as clerks of district courts sitting as Juvenile
Court 8 ; clerks of County Courts should serve as
clerks of county courts sitting as Juvenile
Court 3. The same statutory duties are required
of such clerks in Juvenile Court proceedings as
in other civil cases renardina the keeuini? of
records, dockets, minutes, and the like. -Art.
2338-1, Sec. 4. V.C.S.
Yours very truly,
ATTORNEY
GENERAL
OF TEXLS
WTW rwb
BY
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APPROVED:
ATTORNEY
GENEFLAL