PRINT THIS PAGE | E-MAIL THIS PAGE

Wednesday, December 24, 1997

Teen-agers can be supervised by adult probation officers, Morales rules

By JUAN B. ELIZONDO Jr. / Associated Press Writer

AUSTIN (AP) -- When a 16-year-old Frio County boy was arrested earlier this year as a burglary suspect, he faced 10 days in juvenile detention.

But the boy, according to Frio County Attorney James Smith, didn't want to go to juvenile detention. So he lied, saying he was 17 -- and taking a risk that he would be sent to jail instead.

"It was a stupid kid thing," Smith said.

But the lie cost Smith's office time and resources, a fact he said he could not overlook.

Smith prosecuted Ricardo Ibarra for perjury, placing him in the middle of a controversy over the treatment of some youths sentenced to probation and the unusual treatment of crime of perjury.

Under state law, most juveniles accused of breaking the law are sent to juvenile court. Some crimes, like murder, allow prosecutors to ask that accused juveniles be treated -- and tried -- as adults.

But juveniles accused of perjury -- lying under oath -- can be tried either in juvenile or regular district court. That's because before juveniles can be put under oath, a judge must consider whether they are competent to understand the importance and meaning of taking an oath.

"If they are old enough to take an oath, they are old enough to know not to lie," Smith said. "There's no reason to lie, especially in a case like this."

After being questioned and presented with his birth certificate, Ibarra pleaded guilty to perjury in district court and was placed on probation.

But the Frio County adult probation office wouldn't take Ibarra as a client.

"I didn't think it would be proper because our waiting area is a common waiting area and he would be mixing with adults," said adult probation officer Jim Montemayor, who rejected Ibarra from adult supervision.

That left Smith wondering what to do with Ibarra and questioning the perjury law.

"If you can't mix juveniles with adults, why have the law?" he asked.

Attorney General Dan Morales answered the question this week, saying juveniles can be mixed with adults in probation.

"We are not aware of any provision (in state law) that precludes a community supervision and corrections department from supervising a 16-year-old defendant," Morales said.

Smith in September asked Morales for his legal opinion. Under state law, the attorney general's opinion holds the weight of state law unless overturned by the Legislature or a court.

Smith said he is pleased with the decision.

Montemayor said he will abide by it.

There was no telephone listing for Ricardo Ibarra in the area. The burglary charge against him was dismissed and juvenile probation officers agreed to take Ibarra's case after adult probation refused it.

Smith added that Ibarra has completed probation and has not appeared again in any criminal cases.

"He made out all right," Smith said. "I think he learned his lesson."