Honorable R. L. Lattlmore Criminal

District

Attorney Bid8lgo county Mainburg,

Texas

Dear Mr. Lattimore: opluion lo. ww-733
Re: Lengthof time which a policeofficer may hold a

. child in custody or in jail before taking said childbefore a juvenile judge under the provisions of Sec. 11, Art. 2338-1, V.C.S. This office 16 in receiptof your recent letter in which you have St8t8d in 'part a8 fOflOVs:

“We would like to have the opinionof your office ns to the length of time which a police officer 8ay~h~M~:a child in cuetody or in jail before taking mid childbefore 8 juvenilejudge,under the followI in(( provisions

of Section 11, Article 2338-l R;C.S. “Any peace officeror probation of&er shall have the right to take into custidy’ any childwho 18 found violating any law or ordinance

or who isreasonablybelieved to be a fugitive

from his parentsor from justice, or whose surroundings are such as to endanger

his health,

welfare,

or morals The child shall forthwith be brou@atto the judge, who shall order the child's release, or his temporary

detention

either in the compartment

providedfor the custodyof juveniles,

or by a suitable

personor agency a8 in the judgment of the courtmay 6eem ' proper." “Specfflcnlly,

we wish to know if, in your opinion, a police officer

would be authorized to take ‘into

custody a child found violating tht law duringthe uight and ho&d said child In custody ~ln a local jail until the following morning

when a judge la available, and then t&e such childbefore eueh judge." The immediate

question

for consideration

ie the meaningthe Legislature intended

to attach to the word "forthwith" - a quesfioa not a rarity

, :iHonorable R. L. Lattimore,

Page 2. (W-733)

in the Law. The absenceof decisionsinterpretating "forthwith"

as used in the Juvenile

ACt dictates

that we look elsewhere for an authoritative definition

of th? Word. This logically

leads to an examination of th? decisions

construing

the statute

pertaining

to adult arrest - it being analogous to the one presently

under consideration, even thoughwe are cognizant of the fact that the Juvenile Act is designed

to alter the policyof the Statewith respectto the nature of the proceedings in child delinquency cases to something

different

than the policy concerning adults. See In Re %F 175 S.W.2d.297'(Civ. App.), affirmedin 142 Tex. 460, 179 S W.2d Article 233, V.C.C P. , provides, with respectto adults, a8 follows: "The officer,'or

person ,executing

a warrant of arrest,shall take the person whom he is directed to arrest forthwith before the magistrate who issuesthe warrant, or before the magistrate named in the warrant". One of the principle cases interpreting

the word "forthwith" as used in that statute is Gilbert v. State, 2&4 S.W.2d 906, whereinthe Court of Criminal

Appealsheld that the term was not synonymous with "immediately" or "instantaneously", but that it only prohi,bits an unreasonable

delay and that it was not unreasonable to detaina person overnight, in jail,where such peraonis arrested duringhours when magi&rates are not to:'be found in their office, i.e. at night. The Court takes judicial notice of the fact that magistrates do not keep their officesopen at night. If the law were otherwise, the effortsof peace officersin attempting

to maintain

the peace at night would be thwarted unlessthey aroused a magistrate. This would be particularly true in cases involvingjuveniles,for they must be brought before the Judge of the Juvenile Court (as has been held by this office in AttorneyGeneral Opinion

No. O-7227) and there being only one such Judge in each, county,

the problems

of peace officers

would he comp1icated.to.a degree of inpracticability if not impossibility. There is no evidence of a Legislative

intentthat peace officers must seek out and arouse the Juvenile Judge in late hours of the night in order to present juvenile offenders

whom they hare just apprehended.Neither is such a procedure neqessary

to fulfill

and complywith the. Legislative intent in promulgating the policy of the State in dealing with juveniles by the enactment

of'theJuvenile

Act. Although juveniles

may not be punished for their misdeeds

by incarceration,

this officehas held that juveniles may be taken to'

jail pending their makingbond in those instances where certain

trafficregulations enumerated

in Article 602e,V.P.C.,have been violated. See AttorneyGeneral Opinion

WW-547.. If juveniles may be held in jail in those instances, it follows

that the detention

of juveniles

overnight

under eitherthe pro-

., ,- ---

Honorable It. L. Lattlmore, Page 3. (WW-733)

visionsof Article 802e,V.P C., or Article 2338-1, V.C.S.,would not be contrato any Legislative intent.
It is, therefore,

the opinionof this officethat the term "forthwith"

as used in Article 2338-1, V.C.S.,does not preclude the overnight detention

of juveniles

In the properplace pending their being brought

before the Juvenile Judge,where they are arrested after the hours that such Judge is no longer to be found in his office.
SUMMARY Juvenile

offenders

who are arrested after the hare that the Juvenile Judge Is to be found in his offic?, may be detained in the properplace pending the return of such Ju&ge to his officethe next morning and their appearance beforehim at that tie.

Yours very truly,
WILL WILSOR Attorney,gneq%l of Texas

APPROVED: OPINIOSCOMMITTEE: Riley EugeneFletcher, Chairman Marvin Brown Charles

D. Cabaniss Iola Wilcox RobertWalls
REVIEWEDFOR THE ATTORNEY GENERAL BY: W. V. Geppert Assistant Attorney General