The opinion
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