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2018 Georgia Code 15-11-62 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-11-62 Case Law from Google Scholar Amendments to OCGA 15-11-62

TITLE 15 COURTS

Section 11. Juvenile Code, 15-11-1 through 15-11-747.

ARTICLE 2 JUVENILE COURT ADMINISTRATION

15-11-62. Pro tempore juvenile court judges.

  1. 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 member of the State Bar of Georgia who is resident in the judicial circuit in which the court lies and has practiced law for five years, any judge or senior judge of the superior courts, 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.
  2. The person 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.

(Code 1981, §15-11-62, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2013, p. 122, § 2-1/HB 182.)

The 2013 amendment, effective January 1, 2014, substituted "any duly appointed juvenile court judge, or any duly appointed associate juvenile court judge" for ", or any duly appointed juvenile court judge" in the first sentence of subsection (a).

Cross references.

- Officers of the court and court personnel, Uniform Rules for the Juvenile Courts of Georgia, Rule 2.1 et seq.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-3701 and pre-2000 Code Section 15-11-63, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor's notes at the beginning of the chapter.

Designation of judge while transferring jurisdiction does not void valid orders.

- The designation of the judge pro tempore by the superior court while transferring jurisdiction of a case to the juvenile court, though surplusage, does not void the otherwise valid orders. K.G.W. v. State, 140 Ga. App. 571, 231 S.E.2d 421 (1976), cert. dismissed, 238 Ga. 599, 234 S.E.2d 535 (1977) (decided under former Code 1933, § 24A-3701).

Judge pro tempore not "official policymaker."

- Juvenile court judge pro tempore is a state official and, as such, could not be the "official policymaker" responsible for establishing an alleged unconstitutional custom or policy on behalf of a county which was the defendant in a federal civil rights action. Bendiburg v. Dempsey, 692 F. Supp. 1354 (N.D. Ga. 1988) (decided under former O.C.G.A. § 15-11-63).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 24A-3701, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor's notes at the beginning of the chapter.

Juvenile court judge pro tempore may be paid less.

- Since former Code 1933, § 24A-3701 (see now O.C.G.A. § 15-11-62) by the statute's terms applied only to judges pro tempore, and former Code 1933, § 24A-701 did not provide a limit upon salaries of juvenile court referees (now associate judges), a juvenile court judge may be paid less than a referee (now associate judge). 1981 Op. Att'y Gen. No. U81-20 (decided under former Code 1933, § 24A-3701).

RESEARCH REFERENCES

ALR.

- Construction and validity of state provisions governing designation of substitute, pro tempore, or special judge, 97 A.L.R.5th 537.

Cases Citing O.C.G.A. § 15-11-62

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Florida Publ'g Co. v. Morgan, 322 S.E.2d 233 (Ga. 1984).

Cited 17 times | Published | Supreme Court of Georgia | Oct 31, 1984 | 253 Ga. 467, 11 Media L. Rep. (BNA) 1021

...ency or unruly conduct are being heard." OCGA § 15-11-60 (g) (1) provides that: "The name or picture of any child under the jurisdiction of the court for the first time shall not be made public by any news media, upon penalty of contempt under Code Section 15-11-62, except as authorized by an order of the court." In line with OCGA § 15-11-60 (g) (1), supra, OCGA § 15-11-60 (g) (2) provides: "It shall be mandatory upon the judge of the juvenile court to release the name of any child who is under the jurisdiction of the court for a second or subsequent time....
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In Re Burton, 521 S.E.2d 568 (Ga. 1999).

Cited 16 times | Published | Supreme Court of Georgia | Sep 20, 1999 | 271 Ga. 491, 99 Fulton County D. Rep. 2417

...Thus, it is clear that, as to this custody proceeding, the juvenile court was authorized to issue an order restraining the future disclosure of information contained in its files and records, and to punish for contempt any past unauthorized disclosure of that material. OCGA §§ 15-11-57(a); 15-11-62....