CopyCited 16 times | Published | Supreme Court of Georgia | May 7, 2018
...In the Interest of J.S.,
340 Ga. App. 733, 733,
797 S.E.2d 185 (2017). K.S., along with his juvenile co-defendants, directly appealed the juvenile court's transfer orders, which the Court of Appeals dismissed, concluding that the plain language of OCGA §
15-11-564 required a party appealing a transfer order to follow the interlocutory appellate procedures of OCGA §
5-6-34 (b)....
...significantly revised Georgia's Juvenile Code, see Ga. L. 2013, p. 294,2 it enacted OCGA §
15-11-560 et seq., which address, inter alia, the transfer of a case from juvenile to superior court for criminal prosecution. Relevant to this case is OCGA §
15-11-564, which provides:
(a) The decision of the [juvenile] court regarding transfer of the case [to superior court] shall only be an interlocutory judgment which either a child or the prosecuting attorney, or both, have the right to have revie...
...ust avoid. See Slakman v. Continental Casualty Co.,
277 Ga. 189, 190,
587 S.E.2d 24 (2003) (explaining that, when interpreting a statute, a court must avoid "a construction that makes some language mere surplusage").
Turning to the language of OCGA §
15-11-564, the statute makes a juvenile court's transfer decision an "interlocutory judgment" that the parties "have the right to have reviewed." Id....
...In other words, an appeal of an interlocutory order pursuant to OCGA §
5-6-34 (b) is controlled by the discretion of both the trial and appellate courts, giving parties the right to seek review of a judgment. By including the phrase "have the right to have reviewed" within OCGA §
15-11-564 (a), the General Assembly has removed all discretion from the trial and appellate courts that is prescribed via OCGA §
5-6-34 (b) and, instead, has made these interlocutory orders directly appealable.
The State argues that a party's ri...
...See also OCGA §
5-6-34 (d) (providing for the review of all decisions which may affect the trial court proceedings below, but only "[w]here an appeal is taken under any provision of subsection (a), (b), or (c)" of OCGA §
5-6-34 ).
Our conclusion that OCGA §
15-11-564 provides for a direct appeal of juvenile court transfer orders is bolstered by OCGA §
15-11-564 (b), which stays the proceedings in superior court during the pendency of the appeal.5 When a party seeks an interlocutory appeal pursuant to OCGA §
5-6-34 (b), the proceedings in the lower court are not stayed until an order is issued granting the application and the party subsequently files a notice of appeal. On the other hand, similar to a direct appeal, OCGA §
15-11-564 (b) stays proceedings in the superior court as soon as the appeal of the juvenile court's decision is pending....
...immediate appeal, even though such rulings are often interlocutory rather than final judgments"); In re Paul,
270 Ga. 680, 682, n.6,
513 S.E.2d 219 (1999).
Based on the foregoing, and reading the statute in its most natural and reasonable way, OCGA §
15-11-564 provides that decisions regarding the transfer of juveniles to superior court, though interlocutory in nature, are directly appealable to the Court of Appeals....
...power to direct and instruct an agent or subordinate, including the right to remand, modify, or vacate any action by the agent or subordinate, or to act directly in place of the agent or subordinate." Id. at 1514 (10th ed. 2014).
We note that OCGA §
15-11-564 (b) does not speak to whether the juvenile court's proceedings are automatically stayed if the State seeks to appeal an order denying the transfer of a case to superior court....
CopyCited 13 times | Published | Supreme Court of Georgia | May 7, 2018
...In the Interest of J. S.,
340 Ga. App. 733, 733 (797 SE2d 185) (2017). K. S.,
along with his juvenile co-defendants, directly appealed the juvenile court’s
transfer orders, which the Court of Appeals dismissed, concluding that the plain
language of OCGA §
15-11-564 required a party appealing a transfer order to
follow the interlocutory appellate procedures of OCGA §
5-6-34 (b)....
...significantly revised Georgia’s Juvenile Code, see Ga. L. 2013, p. 294,2 it
enacted OCGA §
15-11-560 et seq., which address, inter alia, the transfer of a
case from juvenile to superior court for criminal prosecution. Relevant to this
case is OCGA §
15-11-564, which provides:
(a) The decision of the [juvenile] court regarding transfer of
the case [to superior court] shall only be an interlocutory judgment
which either a child or the prosecuting attorney, or both, hav...
...which we must avoid. See Slakman v. Continental Cas. Co.,
277 Ga. 189, 190
(587 SE2d 24) (2003) (explaining that, when interpreting a statute, a court must
avoid “a construction that makes some language mere surplusage”).
Turning to the language of OCGA §
15-11-564, the statute makes a
juvenile court’s transfer decision an “interlocutory judgment” that the parties
“have the right to have reviewed.” Id....
...In other words, an appeal of an interlocutory order pursuant to OCGA
§
5-6-34 (b) is controlled by the discretion of both the trial and appellate courts,
giving parties the right to seek review of a judgment. By including the phrase
“have the right to have reviewed” within OCGA §
15-11-564 (a), the General
Assembly has removed all discretion from the trial and appellate courts that is
prescribed via OCGA §
5-6-34 (b) and, instead, has made these interlocutory
orders directly appealable.
The State argues that a p...
...See also OCGA §
5-6-34 (d) (providing for
the review of all decisions which may affect the trial court proceedings below,
but only “[w]here an appeal is taken under any provision of subsection (a), (b),
or (c)” of OCGA §
5-6-34).
Our conclusion that OCGA §
15-11-564 provides for a direct appeal of
juvenile court transfer orders is bolstered by OCGA §
15-11-564 (b), which
stays the proceedings in superior court during the pendency of the appeal.5
When a party seeks an interlocutory appeal pursuant to OCGA §
5-6-34 (b), the
proceedings in the lower court are not stayed until an order is issued granting the
application and the party subsequently files a notice of appeal. On the other
hand, similar to a direct appeal, OCGA §
15-11-564 (b) stays proceedings in the
superior court as soon as the appeal of the juvenile court’s decision is pending.
Simply put, an appeal of a decision regarding the transfer of a juvenile to
superior court immediately stays the proceedings below, whereas the
interlocutory appeal procedures of OCGA §
5-6-34 (b) require the application
5
We note that OCGA §
15-11-564 (b) does not speak to whether the juvenile
court’s proceedings are automatically stayed if the State seeks to appeal an order
denying the transfer of a case to superior court....
...appeal, even though such rulings
are often interlocutory rather than final judgments”); In re Paul,
270 Ga. 680,
682, n.6 (513 SE2d 219) (1999).
Based on the foregoing, and reading the statute in its most natural and
reasonable way, OCGA §
15-11-564 provides that decisions regarding the
transfer of juveniles to superior court, though interlocutory in nature, are
directly appealable to the Court of Appeals....