Case Information
*1 Honorable John R. Shook
Criminal District Attorney
Baxar County
San Antonio, Texas
Attention: Mr. S. Renton Davies
Dear Sir: Opinion No. O-5420
Re: Does the Juvenile Board or the County Judge of Rexar County have the authority to appoint non-salaried juvenile officers, possessing powers of a peace ~'officsr, in addition to the number of salaried juvenile officers and assistants as now authorized by law4
Your letter of June 17, 1943, requesting the opin- ion of this department on the above stated question reads as follows:
“We enclose herein a oopy of a letter whioh we received from Judge S. G. Tayloe, Chairman of the Juvenile Board of Sexar County, Texas, requesting that we obtain from your offioe an opinion as to whether or not the Juvenile Board or the County Judge of Rexar County has authority to appoint non- salaried juvenile officers, possessing powers of a peace officer, in addition to the number of salaried juvenile officers and assistants as now authorized by law.
Qexar County's Juvenile office is now aovered by the provisions of Artiole 5142, as amended by the Acts of the 45th Legislaturr of 1937.~ Article 5142 of the R.C.S., as originally enaoted, express- ly provided for the appointment of any number of non-salaried juvenile, officers for any ccunty coming within the population bracket in which Bexar County is included, but in Article 5142, as amended, such provision is not expressly provided.
Hon. John R. Shook, Page 2 , O-5420 find, we believe however, that these “YOU will
non-salaried officers are provided for in such amend- ment by implication and if we apply the rules of statutory construction as laid down in Spence v.
Fenchler, 180 S.W. 597 and Moon v. Allred, 277 S.W. 787, which hold, "that which is implied in a statute is aa much a part.thereof as that which is expressly given", we could safely say that under the conditions as set out in Judge Tayloe's letter, the proper authorities would have the power to make the appoint- ments contemplated by the Juvenile Board.
"The fact that the juvenile situation in Bexar County is in a deplorable condition at this time, impels US to UPgSntly that you give this request matter as speedy attention as is possible commen- surate with sound interpretation."
Article 5142, Vernon's Annotated Civil Statutes, provides in part:
"There may be appointed, in the manner here- inafter provided, discreet persons of good moral oharacter to serve as juvenile officers for periods not to exoeed two (2) years from date of appoint- ment.
"Such officers shall have authority and it shall be their duty to make investigations of all cases referred to them as such by suoh Board; to be present in Court and to represent the interest of the juvenile when the case is heard, and to furnish to the Court and such Board any informa- tion and assistance as such Board may require, and to take charge of any child before and after the trial and to perform such other ervices for the ourt or said Board, child as may be required by the 8 and suoh juvenile officers shall be vested with all the power and authority of police offioers or sher- iffs incident to their offices.
Qhe Clerk'of the Court shall, when praotiaable, notify such juvenile officer when any juvenile is to It shall be thr duty be brought before the Court. of such juvenile officer to make investigation of my such case, to be present in COUrt to represent the interest of the juvenile when the aase if tried; to furnish to such Court such information and *3 Bnorable John R. Shook, Page,3, O-5420
assistance as the Court may require and to take charge of any juvenile before and after trial as the court may direct. . . .
"Provided.that in counties having a population of one hundred and fifty thousand (150,000) or more, and containing a city of one hundred thousand (100,000) or more, the County Judge may appoint a juvenile officer, subject to the approval of the ,County Juvenile Board, to serve for a period not to exceed two (2) years from the date of appoint- ment, and whose extra duties shall be to make in- vestigations for the Commissioners Court on appli- cations for charity, or admittance into detention homes or orphan homes created by such counties.
The salary of such juvenile officer shall not ex- ceed Three Hundred Dollard ($300) per month, his allowance for expenses not exceed Two Hundred Dollars ($200) a year. Such juvenile,officer may select assistant juvenile officers, subject to the approval of the County Judge and the County Juvenile Board, the number of such assistant juvenile officers not to exceed one assistant to each twenty-five thousand (25,000) population. The ,salaries of such assistant juvenile officers shall be the~same as that fixed by the General law in Art. , of the Revised Civil Statutes of Texas, 1925, 3902 for assistants to other county officials. Suoh assistant juvenile officers may be allowed expenses not to exceed Two Hundred Dollars ($200) per year each.
"In the appointment of all juvenile offioers, the County Judge and the County Juvenile Board may select for such office any school attendance offi- cer or officers of the county, or of school dis- tricts in the county, that may be authorized by law, and the salary and expense of such joint juvenile officer or officers and attendance officers shall be paid jointly by the county and school authorities upon any basis of division they may agree upon.
"Salaries of paid juvenile officers and their assistants shall be fixed by the Commissioners notto exceed the sums herein mentioned, Court, and any bill for the expenses not exceeding the sums herein provided for, shall be certified by the County Judge as being necessary in the per- *4 Honorable John 2. Shook Page 4, O-5420
formance of the duties of a juvenile offioer.
The Commissioner8 Court of the oounty shall pro- vide the necessary funds for the payment of sal- aries and expenses of the juvenile officers pro- vided for in this Act. The appointment of said juvenile officers shall be filed in the office of the Clerk of the County Court. Juvenile officers shall take oath to perform their duties and file such oath in the offloer of the County Clerk. AB a basis for reckoning the population of any county the preceding Federal Census shall be used.
"Provided that any juvenile officer appointed under.the provisions of this Act may be removed from offioe by the power appointing him; at any time.
It will be noted that the foregoing article ex- pressly provides, "As a basis for reckoning the population of any county the preceding Federal Census shall be used." Bexar County has a population of 338,176 inhabitants accord- ing to the 1940 Federal Census.
Bexar County has a population of more than 150,000 inhabitants'and a city of more than 100,000 inhabitants. Article 5142, Vernon's Annotated Civil Statutes, expressly provides that in counties having a population of150,OOO or more and containing a city of 100,000 or more inhabitants, the County Judge may appoint a juvenile officer aubjeot to .'. the approval of the County Juvenile Board to serve for a period not exceeding two years from the date of <appointment. However, such juvenile officer selected by the County Judge subject to the approval of the County Juvenile Board,' may select assistant juvenile officers, subject to the approval of the County Judge and the County Juvenile Board, provided such assistant juvenile offioera do not exoeed in number one assistant to each 25,000 population. The statute allows cer- tain compensation as therein mentioned to be paid to the juvenile officer and the assistant juvenile officers.
It is a well established prinoiple of law in this State that a statute giving authority to do a particular thing, and prescribing the mode of doing it, is mandatory in the sense that all other modes are excluded. (Weaver v. Robinson, 268 S.W. 133; Fer uaon v. Halfell, 47 Tex. 421; Ellis v. Holcombe, 69 S.W. 7 26) 449).
It is our opinion that a juvenile officer and assistant juvenile offioers for Bexar County oan be appointed *5 Honorable John R. Shook, Page 5, O-5420
only Ln the manner as authorized by Article 5142, and that the number of assistant juvenile officers which may be appointed cannot exceed one assistant for each twenty-five thousand (25,000) population.
Yours very truly ATTORNEY GENERAL OF TEXAS a/ Ardell Williams Ardell Williams BY Assistant AW:mp/cg
Approved July 7, 1943
s/ Gerald C. Mann
Attorney General of Texas
Approved Opinion Committee
By BWB, Chairman