(Code 1981, §15-11-704, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2015, p. 890, § 4/HB 263.)
Cross references.- Inspection of public records generally, § 50-18-70 et seq.
Law reviews.- For comment criticizing Davis v. Alaska, 415 U.S. 308, 94 S. Ct. 1105, 39 L. Ed. 2d 347 (1974), holding petitioner's right to confrontation was preeminent to state policy protecting anonymity of juvenile offenders, see 26 Mercer L. Rev. 343 (1974).
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-3501, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.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.
Right to effective assistance of counsel and withholding inspection.
- While former Code 1933, §§ 24A-3501 and 24A-3502 (see now O.C.G.A. §§ 15-11-704 and15-11-708) both require the consent of the court to inspect a juvenile's records and files, a juvenile's right to effective assistance of counsel limited the court's discretion to withhold such consent from counsel representing the juvenile in a "critically important" transfer proceeding. R.S. v. State, 156 Ga. App. 460, 274 S.E.2d 810 (1980) (decided under former Code 1933, § 24A-3501).
Erroneous ruling if court limited access of defense counsel.
- If the court granted defense counsel's motion pursuant to former Code 1933, §§ 24A-3501 and 24A-3502 (see now O.C.G.A. §§ 15-11-704 and15-11-708) but limited access to only those files and records of appellant which would be "used against" the juvenile concerned at the transfer hearing, to the extent that the appellant's counsel was not granted access to files and records of the appellant which were considered by the juvenile court in transferring jurisdiction, the ruling was erroneous. R.S. v. State, 156 Ga. App. 460, 274 S.E.2d 810 (1980) (decided under former Code 1933, § 24A-3501).
Effect of limited access to materials.
- While allowing counsel access to materials which will be "used against" a juvenile serves the defensive purpose of ensuring that any adverse material considered by the court will be subject to attack and refutation, it denies counsel the opportunity to examine, for the purpose of discovering and ensuring that proper and due consideration is given thereto, any material to be considered by the court which might serve as a reasonable ground for retaining, rather than transferring, jurisdiction. R.S. v. State, 156 Ga. App. 460, 274 S.E.2d 810 (1980) (decided under former Code 1933, § 24A-3501).
Right to view records and files considered but not relied upon.
- Not only are a juvenile and a juvenile's counsel entitled to know what information in the juvenile's records and files the court relied upon in the court's adverse decision to transfer jurisdiction, but the juvenile and counsel are also entitled to view those records and files considered but not relied upon by the juvenile judge. R.S. v. State, 156 Ga. App. 460, 274 S.E.2d 810 (1980) (decided under former Code 1933, § 24A-3501).
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes.
- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 24A-3501, and pre-2000 Code Section 15-11-58, 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.
Requests to inspect should be denied except if specifically provided.- Legislature intended that requests to inspect court files and records in situations other than those that are specifically provided for in Ga. L. 1971, p. 709, § 1 should ordinarily be denied. 1976 Op. Att'y Gen. No. U76-7 (decided under former Code 1933, § 24A-3501).
Considering former O.C.G.A. § 15-11-58 (see now O.C.G.A. § 15-11-704) in the statute's entirety, it appears that the General Assembly intended that requests to inspect juvenile court files and records, in situations other than those that are specifically provided for in that section, should ordinarily be denied. 1981 Op. Att'y Gen. No. U81-34 (decided under former O.C.G.A. § 15-11-58).
Discretion of judge over inspection and copying of records.- Judge may as a matter of discretion release copies of files and records in any case in which the judge may permit inspection; however, a judge could in the judge's discretion permit inspection and still refuse to release copies, or the judge could impose conditions upon the use and distribution of copies. 1976 Op. Att'y Gen. No. U76-7 (decided under former Code 1933, § 24A-3501).
Access to records by superior court judge.
- Superior court judge is not entitled to have access to juvenile court records relating to a defendant before the judge in any hearing or proceeding prior to the defendant's conviction of a felony. 1986 Op. Att'y Gen. No. U86-36 (decided under former O.C.G.A. § 15-11-58).
Court orders for the release of information should be written. 1987 Op. Att'y Gen. No. U87-18 (decided under former O.C.G.A. § 15-11-58).
Conditions for release.
- Juvenile court should only release information regarding a child's delinquency charges when disclosure is found to be in the child's own interest or otherwise mandated by the Constitution. 1987 Op. Att'y Gen. No. U87-18 (decided under former O.C.G.A. § 15-11-58).
Inspection by employees of adult parole and probation offices.
- Pursuant to former O.C.G.A. § 15-11-58 (see now O.C.G.A. § 15-11-704), a juvenile court judge may, in the judge's discretion, permit employees of an adult probation office and an adult parole office to inspect juvenile court records, except in cases when those records have been sealed under former O.C.G.A. § 15-11-61 (see now O.C.G.A. § 15-11-701). 1981 Op. Att'y Gen. No. U81-34 (decided under former O.C.G.A. § 15-11-58).
RESEARCH REFERENCES
Am. Jur. 2d.
- 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, § 116. 66 Am. Jur. 2d, Records and Recording Laws, § 28.
C.J.S.- 43 C.J.S., Infants, § 254. 76 C.J.S., Records, § 41 et seq.
ALR.- Restricting public access to judicial records of state courts, 84 A.L.R.3d 598.