O.C.G.A.
O.C.G.A.

O.C.G.A. § 15-11-62 (2019)

Pro tempore juvenile court judges

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) 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.

(b) 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.

History

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.

Annotations

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provisions, decisions under former Code 1933, § 24A-3701 and pre-2000 Code Section 15-11-63, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section.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.

Notes of Decisions
Cited in 6 cases, 1984–2006 · leading case: Florida Publ'g Co. v. Morgan, 322 S.E.2d 233 (Ga. 1984).
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Florida Publ'g Co. v. Morgan, 322 S.E.2d 233 (Ga. 1984). · cites it 4× “" 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 the Interest of A. L. L., 440 S.E.2d 517 (Ga. Ct. App. 1994). · cites it 2× “OCGA §§ 15-11-62; 15-1-4. Lankford argues that he was denied due process because the contempt matter was taken up in the midst of the case-in-chief and no rule nisi issued providing for notice of the charges and an opportunity to be heard.”
In the Interest of M. B., 458 S.E.2d 864 (Ga. Ct. App. 1995). · cites it 2× “OCGA § 15-11-62 authorizes the court to punish a person for contempt of its orders.”
In the Interest of J. E. H., 413 S.E.2d 227 (Ga. Ct. App. 1991). · cites it 2× “OCGA § 15-11-62, authorizing the juvenile court to punish for contempt of that court and incorporating the procedures therefor, must be read together with the remainder of the juvenile code so that, when a criminal contemnor is a child, the case is recognized to be a juvenile…”
In the Interest of J. R., 633 S.E.2d 447 (Ga. Ct. App. 2006). · cites it 2× “…SE2d 713 ) (1992). There is no corresponding provision in the law pertaining to delinquent and unruly children. See OCGA § 15-11-62 et seq.”
Gignilliat v. Gentry, 457 S.E.2d 833 (Ga. Ct. App. 1995). · cites it 2× “If the referral is for investigation and determination, then the juvenile court shall proceed to handle the matter in the same manner as though the action originated under this article, in compliance with the order of the superior court.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.