Texas Attorney General Opinion: M-111 Page: 2 of 4
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Hon. Joe Resweber, Page 2 (M-111)
It is the opinion of this office, therefore, that Article
26.05, Code of Criminal Procedure, is not presently applicable
to matters before juvenile courts even though the child stands
accused of acts which would constitute a felony or misdemeanor
punishable by imprisonment if he were of age, since the juv-
enile court proceedings are regarded as civil rather than
criminal. See Dendy v. Wilson, 179 S.w. 2d 269 (1944) and
Steed v. State, 1i -S.W. 2d458 (1955).
Further, it is the opinion of this office that House
Bill 780, 60th Leg., to become effective August 28, 1967, will
authorize payments for appointed counsel as specified in Ar-
ticle 26.05, C.C.P., in those hearings in the juvenile court
on the issue of waiver of Juvenile court jurisdiction and
transfer of the case to the appropriate court for criminal
proceedings.
Section 6 of Article 2338-1, V.A.C.S. will read as
follows:
"Section 6. TRANSFER AND WAIVER OF JURIS-
DICTION. (a) When a child under the jurisdiction
of a court moves from one county to another the
court may transfer the case to the court in the
county of the child's residence if the transfer
is in the child's best interest. The transferring
court shall forward transcripts of records in the
case to the Judge of the receiving court, who shall
file them in the office of his clerk.
"(b) If a child is charged with the violation
of a penal law of the grade of felony and was fif-
teen years of age or older at the time of the com-
mission of the alleged offense, the juvenile court
may, within a reasonable time after the alleged
offense, waive jurisdiction by following the re-
quirements set out in Subsections (c) through
J) of this section, and transfer the child to
the appropriate district court or criminal court
for criminal proceedings.
"(c) The juvenile court shall conduct an
informal hearin-g under Section 13 of this Act on
the issue of waiver of jurisdiction.
"(d) Prior to the hearing, the juvenile
court shall order and obtain a complete diag-
nostic study social evaluation, and full inves-
tigation of the child, his circumstances, and
the circumstances of the alleged offense.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-111, text, July 28, 1967; (https://texashistory.unt.edu/ark:/67531/metapth269330/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.