HonorableR. L. Lattlmore opluion lo. ww-733 CriminalDistrictAttorney Bid8lgocounty Re: Lengthof time which a Mainburg,Texas police officer may hold a . child in custodyor in jail beforetaking said child before a juvenile judge under the provisions of Sec. 11, Art. 2338-1, Dear Mr. Lattimore: V.C.S.
This office 16 in receiptof your recentletter 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 cuetodyor in jail before taking mid child before 8 juvenilejudge,under the follow- I in((provisionsof Section11, Article 2338-l R;C.S.
"Any peace officeror probationof&er shall have the right to take into custidy' any child who 18 found violatingany law or ordinanceor who isreasonablybelievedto be a fugitivefrom his parentsor from just- ice, or whose surroundingsare such as to endangerhis health,welfare,or morals The child shall forthwithbe brou@atto the judge,who shall order the child'srelease, or his temporarydetentioneither in the compartmentprovidedfor the custodyof ju- veniles,or by a suitablepersonor agency a8 in the judgmentof the court may 6eem ' proper."
"Specfflcnlly, we wish to know if, in your opinion, a police officerwould be authorizedto take 'intocustody a child found violatingtht law duringthe uight and ho&d said child In custody~lna local jail until the following morningwhen a judge la available,and then t&e such child before eueh judge."
The immediatequestionfor considerationie the meaningthe Legis- lature intendedto attach to the word "forthwith"- a quesfioa not a rarity
, :i HonorableR. L. Lattimore,Page 2. (W-733)
in the Law. The absenceof decisionsinterpretating "forthwith"as used in the JuvenileACt dictatesthat we look elsewherefor an authoritative definitionof th? Word.
This logicallyleads to an examinationof th? decisionscon- struingthe statutepertainingto adult arrest - it being analogousto the one presentlyunder consideration, even thoughwe are cognizantof the fact that the JuvenileAct is designedto alter the policyof the State with respectto the nature of the proceedingsin child delinquency cases to somethingdifferentthan the policy concerningadults. See In Re 175 S.W.2d.297'(Civ. App.), affirmedin 142 Tex. 460, 179 S W.2d %F Article233, V.C.C P. , provides,with respectto adults, a8 follows:
"The officer,'orperson,executinga warrant of arrest,shall take the personwhom he is direct- ed to arrest forthwithbefore the magistratewho issuesthe warrant,or before the magistratenamed in the warrant".
One of the principlecases interpreting the word "forthwith"as used in that statuteis Gilbertv. State, 2&4 S.W.2d 906, whereinthe Court of CriminalAppealsheld that the term was not synonymouswith "immediately" or "instantaneously", but that it only prohi,bits an unreasonabledelay and that it was not unreasonableto detaina person overnight,in jail,where such peraonis arrestedduringhours when magi&rates are not to:'befound in their office,i.e. at night. The Court takes judicialnotice of the fact that magistratesdo not keep their officesopen at night.
If the law were otherwise,the effortsof peace officersin at- temptingto maintainthe peace at night would be thwartedunlessthey arous- ed a magistrate. This would be particularlytrue in cases involvingju- veniles,for they must be broughtbeforethe Judge of the JuvenileCourt (as has been held by this office in AttorneyGeneralOpinionNo. O-7227) and there being only one such Judge in each,county,the problemsof peace officerswould he comp1icated.to.a