March 14, 1978


TO: Magistrates
FROM: Neal Forney, Assistant Director
RE: Persons Under Age 18 Signing Affidavits for Arrest Warrants

At a recent school for magistrates several magistrates told me that they did not permit persons under the age of 18 to sign affidavits for arrest warrants in criminal cases. To clarify the matter an Opinion was obtained from the Office of the Attorney General on the question, "May a minor sign an affidavit for an arrest warrant?"

The conclusion of the Opinion is that a minor may sign an affidavit for an arrest warrant provided he is capable of understanding the oath and is competent to testify, the determination of which factors is within the individual magistrate's discretion. 1978 Op. Atty Gen., No 78-15.