Texas Attorney General Opinion: M-111 Page: 3 of 4
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Hon. Joe Resweber, Page 3 (M-111)
"(e) The Juvenile court shall appoint counsel
for any child who does not have retained counsel,
and shall allow counsel at least ten days to ore-
pare for the hearing. The presence of counsel at
the hearing may not be avoided or waived. Appointed
counsel is entitled to a fee for each day actually
spent in court in the amount and from the same
source as specified in Article 26.05 of. the Code
of Criminal Procedure, or any future amendment of
that article." (Emphasis added)
We are not unmindful of the recent holding in the Appli-
cation of Gault, 87 S.Ct. 1428 (1967) guaranteeing a juvenile
protection of certain basic constitutional rights including
appointment of counsel; however, the Commissioner's Court
is a court of limited jurisdiction and has only such powers
as are conferred upon it by the statutes and Constitution
of this State, whether by express terms or by necessary impli-
cation. Section 18, Article V, Constitution of Texas; Article
2351, Vernon's Civil Statutes; Bland v. Orr, 90 Tex. 492,
39 S.W. 558 (1897); Mills v. Lampasas County, 90 Tex. 603,
40 S.W. 402 (1897); Anderson v. Wood, 137 Tex. 201, 152 S.W.2d
1084 (1941 ; Canales v. Laughlin, 147 Tex. 169, 214 S.W. 2d
451 (1948); Starr County v. Guerra, 297 S.W. 2d 379 (Tex.Civ.
App. 1956); Van Rosenberg v. Lovett, 173 S.W. 508 (Civ. App.
1915, error ref.).
We find no authority in the laws of this State which
authorizes the payment of attorneys appointed by the court to
represent juveniles in the juvenile court except as herein-
above noted.
SUMMARY
Article 26.05, C.C.P., is not now appli-
cable to matters before Juvenile courts; however,
on August 28, 1967, when the provisions of House
Bill 780, 60th Leg., which amends Section 6,
Article 2338-1, V.C.S., become effective, an
attorney who is appointed to represent a juvenile
in the juvenile court at a hearing on the issue
of waiver of jurisdiction will be entitled to
compensation in the amount and from the same
source as specified in Article 26.05, C.C.P.
urs very truly,
RFOD C. MARTIN
Aorney General of Texas
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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/m1/3/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.