Opinion No.

The Honorable Maurice S. Pipkin Executive Director Judicial Qualifications Commission Austin, Texas 78701

Re: Whether a justice of the peace may require that a defendant appear in person before a traffic case can be disposed of.

Dear Mr. Pipkin:

You have requested our opinion regarding the meaning of `appear in court' as that phrase is used in sections 148 and 149 of article 6701d, V.T.C.S., the State Traffic Regulations. Those sections provide:

Sec. 148. (a) Whenever a person is arrested for any violation of this Act punishable as a misdemeanor, and such person is not immediately taken before a…