Pro Tempore Juvenile Court Judges

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  2. Georgia Code
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  4. Juvenile Code
  5. Juvenile Court Administration
  6. Pro Tempore Juvenile Court Judges

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  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.)

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provisions, decisions under former Code 1933, § 24A-3701 and pre-2000 Code Section 15-11-63, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section.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


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