1. It is mandatory that the judge of a judicial circuit comprised of third and fourth class counties appoint a juvenile officer or enter into an agreement under which such an officer is appointed for his circuit and one or more other circuits. 2. It is permissible for a deputy juvenile officer to be appointed when no appointment of a juvenile officer for the circuit has been made. 3. A deputy juvenile officer, although appointed for an entire circuit, may be designated to serve one specific county within a judicial circuit at the exclusive discretion, and under the direction and control of the juvenile court for the circuit. 4. The salary and expense of deputy juvenile officers serving third and fourth class counties comprising a judicial circuit must be prorated amongst all of the counties of the circuit according to their population, regardless of how or where such deputies are directed to serve by the court.

JUVE~ILE OFFICERS: 1. It is mandatory that the judge of a judicial circuit comprised of th~ rd and fourth class counties appoint a juvenile ot'ficer or enter into an agreement under which such an officer is appointed for his circuit and one or more other circuits . DEPUTY JUVENILE OFFICERS: COMPENSATION: January 5 . 1 '62 2 . It is permissible for a deputy juvenile officer to be appointed when no appointment of a juvenile officer for the circuit has been made. 3. A deputy juvenile officer, although appointed for an entire circuit , may be designated to serve one specific county within a j udicial circuit at the exclusive discretion, and under the direction and control of the juvenil e court for the circuit. 4. The salary and expense of deputy juvenile officers serving third and fourth class counties comprising a judicial circuit must be prorated amongst all of the counties of the circuit ac- cording to their population, regardless of how Honorable Haskell Holman Stat e Auditor or where such deputies are directed to serve by the court . Jefferson City, Missouri Dear Mr. Holman: This is written in answer to your request for opinions of t his office dated June 16, 1961, whi ch read as f ollows: "1. Is it mandatory t hat the j udge or judges of a judicial circuit or ci rcuits in counties of the t hird and fourt h class appoint a Juvenile officer for their circuit or ci rcuit s? "2 . Would i t be permissible for a deputy juveni le officer to be appointed when no a~po1ntment of •a juvenile Ol'l'rcer• or the circuit haa been made? tt3. May a deputy Juvenile officer, serving under a regular appointed Juvenile officer, be so designated to aerve one specific county within the judicial circuit? "4. Shall the salary and expenses of the deputy be paid, in t he entirety, solely by the county tor which he is designat ed to serve or shall it be prorated against the counties com- prising the judicial circuit?" To these I reply in the order in which t hey are presented as follows s I. I t is mandatory that t he j udge or a j ud~cial circuit comprised of t hird and fourt h class count ies appoint a -2- Honorable Haskell Holman juvenile officer or enter into an acreement under which auch an officer is appointed for hie circuit and one or more other circuit s. This ia supported by an opinion from this office to The Honorable Claude E. Curtis, Judge, Nineteenth Judicial Circuit, dated October 29, 1~57, which I find to be correct to t his date. There have been no pertinent changea in the law since that opinion waa rendered and I enclose a copy thereof here- with for your use. II. It is permissible tor a de,uty Juvenile officer to be appointed when ~ asPointment o "a juvenile officer" for the circuit has been m.a e. Two consistent approaches to th1a question are necessary because ot the uae or the word "deputy" . Pirat, the purpose ot the law should be examined. Thia law (211.011, et aeq, BSMo 1959) pertaining to juvenilea, juvenile courta and juvenile officers throughout placea the onus or auperviaion, control and reeponaibili ty or the same equarely on the back of the circuit court. To implement thia taak and, 1n eome reapecta to alleviate the burden, the legialature baa devolved upon the court the widest poaa1ble latitude. But, in any event, all personnel or the Juvenile court are directly responsible to the Judge thereof. Second., it appears that the legislature uaed the word ndeputy" in connection With the two worda "Juvenile officer" merely aa a meana of deaignating other officera which the court could, when deemed necessary, appoint, to serve aa Juvenile otf1oera but, by Section 211.391.1.(3), at a lower maximum compenaation. Legal interpretation of the mean1ns or the word "deputy", elsewhere and in Miaaouri, aeema to be well settled. "Merely calling one a deputy ia not alone aufficient unleaa the duties of a 'deputy• apply to h1a office and are specified by aome act or the legia- lature, ••• Steen v. Nassau County, 38 JIYS 2d 496." -3- Honorable Haskell Holman "It is a well settled rule ot law that all official acts done by a deputy ahoul4 be done 1n the name ot the principal. 'A deputy 1B one who by appointment exercises an office ~ another's right having no interest therein but doing all thinga 1n his pr1n£1pal•e name and tor whoae conduct the prinoip•l is answerable'." Halt.r et al v. Leonard et al, 122 s.w. 106, l.c. 708. Clearly a "deputz Juvenile officer" is not appointed by a "Juvenil e officer"~ nor doea he act in the right ot a "Juvenile officer", nor does he do all things in the name of a 11juven1le otfioer", neither 1a a "Juvenile officer" anawer- able tor the misconduct ot a "deputy Juvenile otticer~ All or theee a "deput~ juvenile officer" does by Section 211.351(1)~ RSMo 1 59, under direction of the Juvenile court by whom he is appointed~ in who•e right he acts, in whose name he acts and to whom ne answers for his own mis- conduct. The Juvenile court J or course, aruswers to ita own conscience and, ultiaately, to the people. A "deputy juvenile officer"" is not a deputy to a "Juvenile officer• but is a deputy to the court in matters pertaining to juveniles. This, however, mua.t not be construed to mean that the Juvenile court cannot direct that a "deputz duvenile officer" aerve in a capacity subordinate to a Juvenile officer". III. A deputy Juvenile officer, although appointed tor an entire circuit, may be designated to serve one specific county within the Judicial circuit at tbe exclusive diacretion, and under the direction and control; of the Juvenile court tor the circuit. As waa aurf1ciently demonatrated under II above, the assignment or all personnel under the aegis or the Juvenile court ia purely a matter of Judicial diac:retion. The c.ourt may direct that a "~eputz juvenile officer" aerve in any particular manner or place as the needa or the court require . IV. The salary and expenae of deputy Juvenile officers serving third and fourth claaa counties comprising a j udicial -4- Honorable H$ekell Holman circuit must be p~o~ted amongst all of the counties of the circuit according to their population. This 1a so becauae of the provisions of Section 211.351.2, RSMo 1959: " ••• the total coat to the counties [third and fourth class counties com- prising a j udicial circUit ] tor tha compensation of these persona {a juve- nile officer and other Juvenile court personnel) &ball be prorate4 among the •everal counties and upon a ratio to be determined by a comparison of the respective populations of the counties." A fortiori, Section 211.391.4, RSMo 1959, provtdea: "The salaries and expenses of Juvenile officers and other Juvenile court personnel serving two or more counties or the third and rourth classes which comprise one or more Judicial circuits are payable out or county funds and prorated among the several counties served upon a ratio determined by a comparison or the respective popula- tions or the county." CatCLUSI<If Entertaining these views, 1t is my opinion thats 1. I t i& mandAtory that the Judge of a judicial circuit comprised of third and fourth claao counties appoint a juvenile officer or enter into an agreement under which such an officer io appointed for hi a oircui t and one or more other circuits. 2. It 18 permissible for a deputy juvenile officer to be appointed when no appointment of a Juvenile officer tor the circuit bas been made. 3· A deputy juvenile oftieer, although appointed for an entire circuit, nay be designated to aerve one apec1f1c county w1tb1n a judicial circuit at the exclusive discretion, and under the direction and control or the Juvenile court for the circuit. -5- 4. 'l'he sa.l.aey and expense of de-puty Juvenile otfioers sex-v1na third and fourth el.as3 :e-ount1es com.pr1s1ng a Ju41c1al circuit must be prorated among~Jt all of the counties or the c1rcu1t accordins to the1r popul•tion, regarclless of how or where such deputies are directed to serve by the court. The foregoing op1n1on 1 which I hereby approve, was prepared by my asaietant, Howard L. MoPadden. HLM:BJ Youra very truly, !'ROMAS t . Elotftott Attorney Qeneral