Untitled Texas Attorney General Opinion ( 1978 )

The Attorney ~General of Texas
October 5, 197-a
JOHN L. HILL
kg. ‘Q-A
Attorney General
Honorable Patrick J. Ridley Opinion No. II- 1252
Bell County Attorney
P. 0. Box 474 Re: Applicability of the Texas
Belton, Texas 76513 Speedy Trial Act to juvenile
cases.
Dear Mr. Ridley:
You have requested an opinion on whether the Texas Speedy Trial Act
applies to juvenile cases commenced under Title 3 of the Texas Family Code.
Your question is limited to the guarantees of this statute and does not extend
to any constitutional right to a speedy trial.
The Speedy Trial Act covers criminal actions which proceed by way of
indictment, information, or complaint. Code Crim. Proc. art. 32A.02. A
juvenile case under Title 3 is civil in nature and therefore is not a criminal
action which would fall within the coverage of the Speedy Trial Act. An
order entered in a juvenile proceeding is expressly not a conviction of a crime
nor may the order result ln the juvenile’s incarceration in a penal institution.
Family Code .S 51.13. The action is not commenced with an indictment,
complaint, or information but rather with a petition. Family Code S 53.04.
The rules of civil procedure control, Family Code section 51.17, even though
the burden of proof is the same as that applied in criminal cases. Family
Code S 54.03(f). Appeal lies to the Courts of Civil Appeal and the Supreme
Court. Family Code S 56.01. The public has limited access to the juvenile
court proceedings and records. Family Code SS 51.14, 51.16, 54.08.
It is our opinion that proceedings in juvenile court are not “criminal
actions” and need not comply with provisions of the Speedy Trial Act. See,
s Carrillo v. State, 480 S.W.2d 812 (Tex. 1972).
SUMMARY
The Speedy Trial Act does not extend to juvenile court
proceedings conducted under Title 3 of the Texas
Family Code.
P- 4971
Honorable Patrick J. Ridley - Page 2 (H-1252)
General of Texas
APPROVED:
Opinion Committee
P. 4972