Clerk's Manual Definitions Flashcards
What is the difference between a summons and a subpoena?
A summons compels an appearance in court. Said appearance could be for any number of reasons, from being asked to appear in response to a lawsuit or criminal charges (ie. the summons on a traffic ticket), to serving jury duty.
A subpoena also compels an appearance, but is typically concerned with producing some type of evidence. The testimonial nature of a subpoena is what distinguishes it from a summons.
Describe an “abeyance”
Colloquially, “abeyance” means to suspend or place on hold. Think of it in those terms.
In juvenile court, an abeyance occurs when a child’s case is held open until they complete specified terms and/or conditions (e.g. community service, counseling, etc.) within a prescribed period of time. Once the conditions are complete the abeyance results in the dismissal of the charges.
An abeyance is ordered by the court in an “Abeyance Order.”
What is an “Alternative to Detention Order” and in what kind of situation is it used?
This order is used when a child is in detention. The judge may issue an Alternative to Detention Order, which says that upon the next scheduled court hearing the child will be released, and temporary services/resources provided by the State Dept. of Juvenile Justice and authorized by the judge in the Order will be implemented in lieu of continued detainment.
Explain “Bindover” (e.g. “Bindover Hearing” or “Bindover Report”).
Bindover: the legal terms used when a juvenile court Judge sends a case to be heard in Superior Court instead of in Juvenile Court.
This decision is made at a Bindover Hearing, and the judge then issues a Bindover Report.
Definition of a “child” in juvenile court
(a) in delinquency matters, a person under the age of 17 years old;
(b) in dependency or status matters, a person under the age of 18 years old.
Explain how committing a child to the state works.
1) What agency takes custody?
2) For what purposes?
3) Where does the child go from there?
4) In what type of general situation are youths most often committed?
1) State Department of Juvenile Justice (DJJ)
2) think “STR” - Supervision, Treatment, Rehabilitation
3) DJJ decides whether to place the child in the Youth Development Campus (YDC) or in an alternative placement.
4) When the child has displayed a lack of positive response to local level probation efforts. (eg. repeated failure to complete probation requirements, reoffending, etc.)
DFCS stands for:
Division of Family and Children Service
What is a “Detention Hearing”?
What are the time limits for how quickly they must take place?
This is the first appearance for juveniles who commit offenses and get locked up (aka “preadjudication custody”). It’s kind of like a bail hearing. During the hearing, the judge will determine whether the juvenile will remain in custody while the case is proceeding. This determination is based on whether there was probable cause for the arrest, as well as bail release-style factors such as (a) whether juvenile escaped from a previous commitment order, (b) flight risk, (c) is there a necessity to protect minor from someone else, and (d) is there a necessity to protect someone else from the minor. SEE OCGA 15-11-507 for full details/rules.
If the prosecutor is unable to establish a prima facie case by demonstrating probable cause (ie. that, based on the evidence presented, there is sufficient information to proceed with the adjudicatory phase of hearing the alleged charges) then not only will the juvenile be released, but the case will not proceed. If there is probable cause, then the escape/flight/danger factors and possible services/alternatives-based approaches will be evaluated to determine whether to retain custody or release the child.
TIMING: See OCGA 15-11-506. For arrests made pursuant to an arrest warrant, hearing must take place within 5 business days. If arrested without a warrant, 2 business days. If timing requirements are not met the juvenile must be released. HOLIDAYS/WEEKENDS: for non-warrant arrests, if the hearing cannot be held within 2 business days because it would fall on a holiday or weekend, then the court must review the decision to detain the child and make a finding based on probable cause within 48 hours of the child being placed in pre-adjudication custody.
NOTIFICATION REQUIREMENTS: Parents or guardians must be notified of the hearing. If they are not, and they do not appear or waive appearance, they may file an affidavit showing such facts and the court must rehear the matter without unnecessary delay.
What is “Diversion”?
A special unit in juvenile court which involves first-time misdemeanor cases PRIOR to them being petitioned and set for adjudication.
At what age can a child be emancipated?
List the parental rights that are terminated by emancipation.
1) 16 years old.
2) Parents’ rights to custody, control, services, and earnings.
What is an “Informal Adjustment”?
Ie.
(1) what elements must a case satisfy to be eligible for informal adjustment;
(2) At what point in the case’s lifespan does Informal Adjustment come into play;
(3) What impact does Informal Adjustment have on the disposition of a case?
(1) Court disposition of a case where a youth is alleged to have committed a (a) MISDEMEANOR ACT that is (b) LESS SERIOUS IN NATURE and (c) APPEARS AMENABLE TO NON-ADJUDICATORY COURSES OF ACTION.
(2) Prior to a petition being filed or on the court’s with withdrawal of a petition, (3) the case may be handled through alternative procedures and thereby informally adjusted if the prescribed prerequisites are met.
1) “Interested Parties” is defined as:
2) List all 7 possible interested parties to a case.
1) Parties to a case who are entitled to (a) SERVICE and (b) NOTICE of a hearing.
2) Parents, child, legal guardian or legal custodian, attorneys representing any party, foster parents, guardians ad litem.
What is the longest possible probation period a Probation Order may prescribe?
2 years.
Explain the uniquely useful function of Protective Orders in Juvenile Court contexts.
PO’s are most commonly thought of as RESTRAINING the conduct of a person, but they can also be used to CONTROL a person’s conduct. This means that in Juvenile Court contexts they are useful for compelling certain actions from parents who have shown reluctance to aide or assist their child in complying with the orders of the court.
What is a “Supervision Order” and how long can it remain in effect?
A Supervision Order places a child under the authority of a formal court order for committing a STATUS OFFENSE.
A Supervision Order can remain in effect for a period of up to 2 years.
