O.C.G.A.

O.C.G.A. § 15-11-9 (2019)

Authority to issue arrest warrants

✓ 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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The juvenile court judge, associate juvenile court judge, and judge pro tempore shall have authority to issue a warrant for the arrest of any child for an offense committed against the laws of this state, based either on personal knowledge or the information of others given under oath.

History

Code 1981, § 15-11-9, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

Annotations

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under pre-2000 Code Section 15-11-4, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.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. Commitment to Department of Juvenile Justice proper. - Contrary to the defendant’s contention, the defendant’s commitment to the Department of Juvenile Justice (DJJ) pursuant to former

O.C.G.A. § 15-11-66(a)(4) (see now O.C.G.A. § 15-11-601) was authorized as the defendant was on probation for a delinquent act and violated the terms of probation which was also a delinquent act and commitment to DJJ was found to be the treatment or rehabilitation best suited to the child’s needs. In the Interest of B. Q. L. E., 297 Ga. App. 273, 676 S.E.2d 742, cert. denied, No. S09C1197, 2009 Ga. LEXIS 787 (Ga. 2009) (decided under former O.C.G.A. § 15-11-4).

RESEARCH REFERENCES Am. Jur. 2d. - 5 Am. Jur. 2d, Arrest, § 10 et seq.

Notes of Decisions
Cited in 7 cases, 1988–2013 · leading case: In the Interest of W. L. H., 739 S.E.2d 322 (Ga. 2013).
In the Interest of W. L. H., 739 S.E.2d 322 (Ga. 2013). · cites it 10× “On the same day, the court appointed a “Guardian Ad Litem/CASA [Court Appointed Special Advocate]” for the child pursuant to OCGA § 15-11-9, and the guardian attended the 72-hour hearing on August 11.”
Kenny A. Ex Rel. Winn v. Perdue, 356 F. Supp. 2d 1353 (N.D. Ga. 2005). · cites it 2× “In light of this authority, the Court rejects County Defendants' argument that the statute's separate references to the "child” mean that the child should not be deemed a party to the proceeding.”
State v. Gober, 494 S.E.2d 724 (Ga. Ct. App. 1997). · cites it 4× “Yet, "[a]ll expenditures of the [juvenile] court are declared to be an expense of the court and payable out of the county treasury with the approval of the governing authority or governing authorities of the county or counties for which [the judge] is appointed.”
In Re Billy W., 875 A.2d 734 (Md. 2005). “807 (1990); Ga.Code Ann. § 15-11-9 (1986); 705 Ill. Comp Stat.”
Bendiburg v. Dempsey, 692 F. Supp. 1354 (N.D. Ga. 1988). · cites it 4× “O.C.G.A. § 15-11-9. These enactments, it is argued, are consistent with the above-described constitutional provisions and show further that defendant Walker was at all relevant times a state officer.”
In the Interest of W. L. H., 723 S.E.2d 478 (Ga. Ct. App. 2012). · cites it 2× “On the same day, the court appointed a “Guardian Ad Litem/CASA” 1 for the child pursuant to OCGA § 15-11-9, and the guardian attended the 72-hour hearing on August 11.”
In Re Wlh, 723 S.E.2d 478 (Ga. Ct. App. 2012). · cites it 2× “On the same day, the court appointed a "Guardian Ad Litem/CASA" [1] for the child pursuant to OCGA § 15-11-9, and the guardian attended the 72-hour hearing on August 11.”
— 15-11-9(b) — 1 case
Kenny A. Ex Rel. Winn v. Perdue, 356 F. Supp. 2d 1353 (N.D. Ga. 2005). “In light of this authority, the Court rejects County Defendants' argument that the statute's separate references to the "child” mean that the child should not be deemed a party to the proceeding.”
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.