Honorable W. G. Woods, Jr. OpinionNo. C-280

CountyAttorney Liberty County Re: Whether it is the duty Liberty, Texas of the County or DiatrlctAttorney to represent individualpetitioners in alcoholism commltment casesunder Article Dear Mr. Woods: 5561c, V.C.S.

You requested an opinion of this office on the following question:
“Is there a duty upon a County or

District Attorney to represent an individualpetitioner,not acting for a governmental agency,who files a petition under authority of Article 5561c, v.c.s., asking that an alcoholic personbe remanded for treatment to the custody of the Texas Commission on Alcoholism.” Article 5, Section 21, Texas Constitution,provides as follows:
“A CountyAttorney, for counties in

nhlch there Isnot a resident Criminal DistrictAttorney, shallbe electedby the qualifiedvoters of each county, who shall be commissionedby the Governor, and hold his office for the term of four years. In case of vacancy the CommissionersCourt of the county shall have the power to appoint a County Attorneyuntil the next general election. The CountyAttorneys shall repre- ,sentthe State in all cases in the District and inferior courts in their respective counties;but if any county shallbe included In a district In which there shall be a DistrictAttory,t ne -1341-.

Honorable W. G. Woods, Jr., Page 2 (OpinionNo. c-280)

Attorneys and County Attorneys shall In such countiesbe regulatedby the glslature. The Legislaturemay p:ovid for the election of District AttornEya in such districts, as may be deemed necessary, and shall hold office for a term of four years, and until their successorshave qualifled." (Emphasis supplied.) Section 1 of Article 5561~ of Vernon's Civil Statutes, which provides for the care and treatment of alcoholica, sets forth the purposes of the Act and states: .Alcoholi.sm

ishereby recognized aa an Illness and apublic health problem affecting the general welfare and the economy of the State. It is hereby declared that the &&edure for commitmentof alcoholics as hereinafterprovided for is not punitivebut Is a committal for treatment of an illness affectingnot only the individualbut thepublic welfare as well." The emergency clause of theAct **in** question states, inpart: II

faci&i& and the fact that the State's

are not adequate to treat and rehabilitate alcoholics;and the fact that there is no public problem more

gency. . .

-."(&mphasis supplied.) Section 9 of the Act provides for the remand of an alcoholic to the Commission on alcoholism for treatment,when It has been properly shown to the Court, upon petition filed by the alleged alcoholic'shusband,wife, child,mother, father, next of kin, next friend, or the county health officer, that such person Is an alcoholic. Section 12 provides that the judge of the Court, upon finding a personguilty of a misdemeanor,which violation resulted from such person's chronic and habitual use of alcohol,may remand such person, if over eighteenyears of age, to the Commission for care and treatment, in lieu of the impositionof the sentence.
-1342-Honorable W. G. Woods, Jr., Page 3 (OpinionNo. 280)

Article 5561~ clearly reveals that the State of Texas is an interestedparty in the care and treatment of alcoholics. As the Constitutionprovides that the County and District Attorneys shall represent the State In all cases in the courts, it is our opinion that it Is the duty of such officials to represent the State In alcoholism commitment cases, In answer to your specific question, as worded, we are unable to find a constitutional or statutoryprovision that places a duty upon a county or dist~rict attorney to represent private Individuals In Court.

SUMMARY

Under the provisions of theAct on Alcoholism (Article 5561.~2of Vernon's Civil Statutes) it is the duty of county and district attorneys to represent the interest of the State of Texaa in alcoholic commitment cases. It is not ,&heduty of such officials to represent private individuals in Court.
Yours very truly,
WAGGONER CARR Attorney General of Texas

By:

Assistant SK,GCC/JP APPROVED: OPINION COMMITTEE, W.. V. Geppert, Chairman Jerry Brock George Gray Lonnie Zwiener Arthur Sandlln
APPROVED FOR THE ATTORNEY GENERAL By: Stanton Stone -1343-