In Re JLB

634 S.E.2d 514
CourtCourt of Appeals of Georgia
DecidedJuly 14, 2006
DocketA06A0910
StatusPublished

This text of 634 S.E.2d 514 (In Re JLB) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re JLB, 634 S.E.2d 514 (Ga. Ct. App. 2006).

Opinion

634 S.E.2d 514 (2006)

In the Interest of J.L.B., a Child.

No. A06A0910.

Court of Appeals of Georgia.

July 14, 2006.

*515 Jim Brown, pro se.

Angela Brown, pro se.

Patrick H. Head, District Attorney, Stephen A. Delaney, Assistant District Attorney, for appellee.

ELLINGTON, Judge.

The Juvenile Court of Cobb County adjudicated 16-year-old J.L.B. delinquent after finding that he committed acts which, if committed by an adult, would have constituted sexual battery, OCGA § 16-6-22.1. Following a dispositional hearing, the court found that J.L.B. was in need of supervision and ordered him to be evaluated for drug and alcohol use and fulfill other requirements. J.L.B.'s parents filed a pro se appeal from this order, contending the evidence was insufficient to support the adjudication and that the court erroneously admitted hearsay evidence and ruled upon a separate delinquency petition of which they had no prior notice. Finding no error, we affirm.

1. Before reaching the merits of this appeal, this Court must address a motion to dismiss filed by the State. In its motion, the State argues that the notice of appeal in this case is invalid because it was filed by J.L.B.'s parents, who are not licensed attorneys. The State argues that, because the parents are not attorneys, they may not represent their son in any legal proceeding. See OCGA § 15-19-51(a)(1) (it is unlawful for any person other than a duly licensed attorney at law to appear as an attorney at law for any person other than himself in any court of this state); Eckles v. Atlanta Technology Group, 267 Ga. 801, 804-805(2), 485 S.E.2d 22 (1997) (noting, in dicta, that "[n]atural persons with no license to practice law are not permitted to act as `attorneys' and represent other natural persons in their legal affairs"). As a result, the State contends, the notice of appeal J.L.B.'s parents filed on his behalf is invalid and this appeal must be dismissed.

J.L.B.'s parents, however, did not file the notice of appeal on J.L.B.'s behalf and are not acting as his legal representative in this case. Instead, the notice of appeal filed by the parents shows that they are appealing on their own behalf without the benefit of an attorney (pro se). Consequently, the issue of whether a parent may represent his or her minor child on appeal from a juvenile court adjudication is not properly before us. The State's motion to dismiss on that basis, therefore, lacks merit and is denied.

2. Even so, this Court has the duty to inquire into its own jurisdiction. In the Interest of M.T., 223 Ga.App. 615, 478 S.E.2d 428 (1996). In so doing, we are confronted with an issue that has not yet been decided by this State's courts, to wit: Do parents have the right to file an appeal from their minor child's delinquency adjudication on their own behalf as parties to the delinquency *516 action? For the following reasons, we answer in the affirmative.

Under the Georgia Code, a child's parents are necessary parties to all legal proceedings involving their child, including delinquency actions. D.C.A. v. State of Ga., 135 Ga.App. 234, 235(1), 217 S.E.2d 470 (1975); see OCGA § 15-11-39(b) (requiring the juvenile court to issue a summons to the parents of an allegedly delinquent child as necessary and proper parties to the delinquency action); Sanchez v. Walker County Dept. of Family & Children Svcs., 237 Ga. 406, 410-411, 229 S.E.2d 66 (1976); In the Interest of A.J., 269 Ga.App. 580, 581(1), 604 S.E.2d 635 (2004). The parents' status as necessary parties to a delinquency action implicitly recognizes that the parents are the natural custodians of their child and that, upon an adjudication of delinquency and the court's issuance of a dispositional order, the consequences of complying with the order will fall on both the parents and their child. The consequences to the parents may include temporarily losing custody of their child,[1] being required to participate in counseling with their child,[2] being required to pay counseling or supervision fees,[3] and being required to reimburse the county for the cost of a court-appointed attorney and a guardian ad litem, as well as the cost of evaluating, detaining, and treating their child.[4] Moreover, if the parents fail to appear in court for a delinquency proceeding or violate any court order arising from the proceeding, the court may punish the parents for contempt by requiring them to pay fines or restitution, reimburse the state for the cost of detention or treatment of the child, or even perform community service.[5]

Because the parents are necessary parties to a delinquency action involving their child, the juvenile court must issue a summons and a copy of the delinquency petition to the parents at least 24 hours before the adjudicatory hearing, and the parents must appear at the hearing to answer the allegations in the petition.[6] Moreover, the parents have the right to be present and to be heard during the proceedings,[7] to be represented by counsel at all stages of the proceedings,[8] to present evidence and cross-examine adverse witnesses,[9] to waive recordation of the proceedings,[10] and to petition the court to modify, vacate, or set aside an order.[11] If the parents are indigent, the court must appoint counsel to represent the parents and their child.[12]

It follows that, as parties to the delinquency action, parents have the right to appeal the juvenile court's judgment and to participate in the appellate process. OCGA § 5-6-37 ("All parties to the proceedings in the lower court shall be parties on appeal."); Marsden v. Southeastern Sash & Door Co., 193 Ga.App. 597, 598(1), 388 S.E.2d 730 (1989) (accord). Based upon the foregoing authority, we find that J.L.B.'s parents are entitled to appeal on their own behalf from *517 the juvenile court's dispositional order following their child's adjudication of delinquency.

Further, under the Constitution of the State of Georgia, J.L.B.'s parents have the right to represent themselves on appeal if they choose to do so. Ga. Const. of 1983, Art. I, Sec. I, Par. XII ("No person shall be deprived of the right to prosecute or defend, either in person or by an attorney, that person's own cause in any of the courts of this state."). Accordingly, we find the instant appeal by J.L.B.'s parents is properly before this Court.

3. We note that there is another, independent reason why this Court should not dismiss the appeal in this case.

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Related

North Carolina v. Alford
400 U.S. 25 (Supreme Court, 1970)
Eckles v. Atlanta Technology Group, Inc.
485 S.E.2d 22 (Supreme Court of Georgia, 1997)
In the Interest of W. M. F.
349 S.E.2d 265 (Court of Appeals of Georgia, 1986)
Martinez v. State
629 S.E.2d 485 (Court of Appeals of Georgia, 2006)
In the Interest of M. T.
478 S.E.2d 428 (Court of Appeals of Georgia, 1996)
Moody v. State
631 S.E.2d 485 (Court of Appeals of Georgia, 2006)
Marsden v. Southeastern Sash & Door Co.
388 S.E.2d 730 (Court of Appeals of Georgia, 1989)
Sanchez v. Walker County Department of Family & Children Services
229 S.E.2d 66 (Supreme Court of Georgia, 1976)
D. C. A. v. State
217 S.E.2d 470 (Court of Appeals of Georgia, 1975)
In the Interest of E. S.
586 S.E.2d 691 (Court of Appeals of Georgia, 2003)
In the Interest of A. J.
604 S.E.2d 635 (Court of Appeals of Georgia, 2004)
In the Interest of Z. H.
692 S.E.2d 486 (Court of Appeals of Georgia, 2006)
In the Interest of J. L. B.
634 S.E.2d 514 (Court of Appeals of Georgia, 2006)

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Bluebook (online)
634 S.E.2d 514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jlb-gactapp-2006.