In the Interest of H. J. C., a Child
331 Ga. App. 506
| Ga. Ct. App. | 2015Background
- The State filed a juvenile delinquency petition alleging H.J.C. Jr. violated probation for prior adjudicated delinquencies, citing OCGA § 15-11-2(19)(B) (delinquent act includes violating supervision) and OCGA § 15-11-608(b) (prosecutor may file motion to revoke probation).
- At a hearing the State orally amended to proceed only under OCGA § 15-11-2(19)(B); the court continued to consider the interplay between that provision and § 15-11-608(b).
- The State moved to recuse the juvenile court, arguing the judge had raised the statutory issue sua sponte and therefore could not impartially rule; the court denied the motion as legally insufficient under Uniform Juvenile Court Rule 27.2.
- On continued hearing, the child moved to dismiss, arguing petitions alleging probation violations are improper under the new Code and the court granted dismissal without prejudice, reasoning § 15-11-608 provided the exclusive remedy (a motion to revoke) rather than a petition.
- The State appealed the denial of recusal and the dismissal; the Court of Appeals affirmed denial of recusal but reversed the dismissal, holding both petition and motion remedies are authorized by the plain language of the statutes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the judge should have recused | State: judge s sua sponte inquiry into statute showed bias; recusal required | Court/child: affidavit lacked specific factual allegations of bias; motion legally insufficient | Denied: affidavit insufficient; judge s questions not bias warranting recusal |
| Whether a petition alleging probation violation is improper under new Code | State: petition valid under OCGA § 15-11-2(19)(B) to charge delinquent act of disobeying supervision | Child: OCGA § 15-11-608(b) creates new exclusive procedure (motion to revoke), so petition is invalid | Reversed dismissal: both statutes are plain; petition under § 15-11-2(19)(B) is authorized and dismissal was error |
Key Cases Cited
- Mayor & Alderman of City of Savannah v. Batson-Cook Co., 291 Ga. 114 (2012) (procedures and standards for motions to recuse)
- Jones County v. A Mining Group, 285 Ga. 465 (2009) (presumption that judge performs duties lawfully; recusal not required for adverse rulings)
- Glover v. State, 272 Ga. 639 (2000) (statutory construction: plain language controls; avoid judicial construction when statute is unambiguous)
- State v. Johnson, 269 Ga. 370 (1998) (statutes construed according to natural and obvious meaning)