degree of inpracticabilityif not impos- sibility. There is no evidenceof a Legislativeintentthat peace officers must seek out and arouse the JuvenileJudge in late hours of the night in order to presentjuvenileoffenderswhom they hare just apprehended. Neither is such a procedureneqessaryto fulfilland complywith the.Legislative intent in promulgatingthe policy of the State in dealingwith juveniles by the enactmentof'theJuvenileAct.
Althoughjuvenilesmay not be punishedfor their misdeedsby in- carceration,this officehas held that juvenilesmay be taken to'jail pend- ing their making bond in those instanceswhere certaintrafficregulations enumeratedin Article 602e, V.P.C.,have been violated. See AttorneyGene- ral OpinionWW-547..If juvenilesmay be held in jail in those instances, it followsthat the detentionof juvenilesovernightunder eitherthe pro-
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HonorableIt.L. Lattlmore, Page 3. (WW-733)
visionsof Article802e, V.P C., or Article2338-1,V.C.S.,would not be contrato any Legislativeintent.
It is, therefore,the opinionof this officethat the term "forthwith"as used in Article 2338-1, V.C.S.,does not precludethe over- night detentionof juvenilesIn the properplace pendingtheir being broughtbefore the JuvenileJudge, where they are arrestedafter the hours that such Judge is no longerto be found in his office.
SUMMARY
Juvenileoffenderswho are arrested after the hare that the JuvenileJudge Is to be found in his offic?,may be detained in the properplace pendingthe return of such Ju&ge to his officethe next morning and their appearancebefore him at that tie.
Yours very truly,
WILL WILSOR Attorney,gneq%l of Texas
AssistantAttorney General
APPROVED:
OPINIOSCOMMITTEE:
Riley EugeneFletcher,Chairman
Marvin Brown CharlesD. Cabaniss Iola Wilcox Robert Walls
REVIEWEDFOR THE ATTORNEYGENERAL BY: W. V. Geppert