Bill Text: GA HB272 | 2011-2012 | Regular Session | Comm Sub
Bill Title: Juvenile court; rehearing an order of associate juvenile court judge; delete provision
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Engrossed - Dead) 2012-03-22 - Senate Passed/Adopted [HB272 Detail]
Download: Georgia-2011-HB272-Comm_Sub.html
12 LC
21 1814S
The
Senate Judiciary Committee offered the following substitute to HB
272:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 2 of Article 1 of Chapter 11 of Title 15 of the Official Code of
Georgia Annotated, relating to juvenile court administration, so as to delete
provisions relative to a rehearing on the order of an associate juvenile court
judge; to provide for the appointment of a judge pro tempore; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
2 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia
Annotated, relating to juvenile court administration, is amended by revising
Code Section 15-11-21, relating to associate juvenile court judges, appointment
and compensation, qualifications, conduct of hearings, and rehearing, as
follows:
"15-11-21.
(a)
The judge may appoint one or more persons to serve as an associate juvenile
court judge in juvenile matters on a full-time or part-time basis. The
associate juvenile court judge shall serve at the pleasure of the judge, and his
or her salary shall be fixed by the judge with the approval of the governing
authority or governing authorities of the county or counties for which the
associate juvenile court judge is appointed. The salary of each associate
juvenile court judge shall be paid from county funds.
(b)
Each associate juvenile court judge shall have the same qualifications as
required for a judge of the juvenile court as provided in subsection (e) of Code
Section 15-11-18; provided, however, that any person serving as an associate
juvenile court judge on July 1, 2007, shall be qualified for appointment
thereafter to serve as an associate juvenile court judge.
(c)
In any case or class of cases involving alleged delinquent, unruly, or deprived
children, the judge shall determine whether such case shall be conducted by the
judge or by the associate juvenile court judge in the manner provided by this
article.
(d)
Upon the conclusion of a hearing before an associate juvenile court judge, the
associate juvenile court judge shall sign and file an order of the court which
sets forth the decision made by the associate juvenile court judge. A copy of
the order shall be given to the parties to the proceedings.
(e)
A rehearing may be ordered by the judge at any time and, except for detention
hearings or probable cause hearings, shall be ordered if a party files a written
request therefor within five days after receiving a copy of the order of the
associate juvenile court
judge."
SECTION
2.
Said
part is further amended by revising Code Section 15-11-23, relating to
appointment of judge pro tempore, authority, and emolument, as
follows:
"15-11-23.
In
the event of the disqualification, illness, or absence of the judge of the
juvenile court, the judge of the juvenile court may appoint any attorney at law
resident in the judicial circuit in which the court lies, any judge or senior
judge of the superior courts,
or
any duly appointed juvenile court
judge, or any
duly appointed associate juvenile court
judge to serve as judge pro tempore of the
juvenile court. In the event the judge of the juvenile court is absent or unable
to make such appointment, the judge of the superior court of that county may so
appoint. The person so appointed shall have the authority to preside in the
stead of the disqualified, ill, or absent judge and shall be paid from the
county treasury such emolument as the appointing judge shall prescribe;
provided, however, that the emolument shall not exceed the compensation received
by the regular juvenile court judge for such services."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.
