Appointment of Hearing Examiners for Hearings as to Continued Hospitalization; Powers of Hearing Examiners Generally; Issuance of Subpoenas

  1. Law
  2. Georgia Code
  3. Mental Health
  4. Examination, Treatment, etc., for Mental Illness
  5. Examination, Hospitalization, and Treatment of Involuntary Patients
  6. Determination of Need for Treatment, Admission to Treatment Facilities
  7. Appointment of Hearing Examiners for Hearings as to Continued Hospitalization; Powers of Hearing Examiners Generally; Issuance of Subpoenas

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  1. One or more hearing examiners shall be appointed by the Justices of the Supreme Court to hold the hearings under Code Section 37-3-83. Such hearing examiners shall be members of the State Bar of Georgia and shall be compensated by the department.
  2. The hearing examiners shall have the authority to:
    1. Administer oaths and affirmations;
    2. Sign and issue subpoenas;
    3. Rule upon offers of proof;
    4. Regulate the course of the hearing;
    5. Provide for the taking of testimony by deposition;
    6. Reprimand or exclude from the hearing any person for any indecorous or improper conduct committed in the presence of the hearing examiner; and
    7. Make all appropriate orders authorized by this chapter.
  3. If a subpoena issued by the hearing examiner is disobeyed, the hearing examiner may apply to the superior court of the county in which the hearing is held for an order requiring obedience. Failure to comply with such order shall be cause for punishment as for contempt of court.
  4. In the event a patient desires counsel in a hearing before the hearing examiner but cannot afford such counsel, the hearing examiner shall apply to the court of the county in which the hearing is held and that court shall appoint counsel for the patient. Payment for such representation shall be made by the county of the patient's legal residence.

(Code 1933, § 88-506.5, enacted by Ga. L. 1969, p. 505, § 1; Code 1933, § 88-506.4, enacted by Ga. L. 1978, p. 1789, § 1; Ga. L. 1979, p. 723, § 8; Ga. L. 1986, p. 1098, § 4.)

OPINIONS OF THE ATTORNEY GENERAL

In proceedings for sterilization of mental incompetent, the incompetent has right to counsel; if indigent, the incompetent has a right to appointed counsel. 1971 Op. Att'y Gen. No. U71-29.

RESEARCH REFERENCES

ALR.

- Right to notice and hearing prior to revocation of conditional release status of mental patient, 29 A.L.R.4th 394.


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