Wheeler v. DeKalb County

292 S.E.2d 855, 249 Ga. 678, 1982 Ga. LEXIS 902
CourtSupreme Court of Georgia
DecidedJuly 12, 1982
Docket38813, 38814
StatusPublished
Cited by6 cases

This text of 292 S.E.2d 855 (Wheeler v. DeKalb County) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wheeler v. DeKalb County, 292 S.E.2d 855, 249 Ga. 678, 1982 Ga. LEXIS 902 (Ga. 1982).

Opinions

Gregory, Justice.

This suit was brought by the presiding judge of the Juvenile Court of DeKalb County to determine whether his court or the DeKalb County Board of Commissioners have the power, duty and responsibility to operate the DeKalb County juvenile detention and care facilities.

In 1973, DeKalb County constructed the facilities at issue from funds derived from the sale of bonds issued in 1970 for the purpose of [679]*679.. building and equipping modern and adequate facilities for the custody, care and rehabilitation of juveniles under the direction of the juvenile court..The facility, designed and constructed for a capacity in excess of 170 beds, has been used for that purpose since 1973 and has had an average daily population for the past four years of less than forty juveniles. At the time of construction, counties operated their own juvenile detention centers without a central state organization.

From the time of its construction until July 1,1981, the DeKalb County juvenile detention facility was county funded and operated under the supervision of the juvenile court of DeKalb County.

In 1980, however, Georgia’s “Children and Youth Act” (Ga. Laws 1963, p. 81) (Code Ann. Ch. 99-2) was amended so as to “provide that county juvenile detention centers shall be transferred to the Department of Human Resources, Division of Youth Services.” Ga. Laws 1980, p. 1046. Specifically, Code Ann. § 99-213 was amended by adding the following new subsection (n):

“(n) Effective July 1, 1981, all juvenile detention facilities operated by counties shall be transferred to the control and jurisdiction of the Department of Human Resources, Division of Youth Services, and, thereafter, shall be operated as facilities of said Department and Division. Until such time as county juvenile detention centers are transferred to the Department and Division, as provided herein, the General Assembly may appropriate funds to the Department of Human Resources, Division of Youth Services, to reimburse or partially reimburse counties for the cost incurred by such counties in operating such facilities; provided, however, that this subsection shall not become effective unless those counties which maintain their own juvenile detention facilities, including Fulton, Chatham and DeKalb Counties, transfer and deed to the State of Georgia the real and personal property which comprises the offices, facilities and equipment of such detention facilities if such property is desired by the State of Georgia.” Ga. Laws 1980, pp. 1046, 1047.

At the same time, the first sentence of Code Ann. § 24A-603, dealing with personnel of the juvenile courts was amended. Before this time, the sentence read, “Personnel. The judge of the juvenile court shall have the authority to appoint clerks, employees of the detention home, and any other personnel necessary for the execution of the purposes of this title, and their compensation shall be fixed by the judge, with the approval of the governing authority of the county.” (Ga. Laws 1971, p. 718). The amendment deleted the following language from that sentence: “employees of the detention home.” Ga. Laws 1980, pp. 1046, 1047.

[680]*680In June, 1981, DeKalb County entered into a contract with the Georgia Department of Human Resources, Division of Youth Services, whereby the county agreed to retain and operate the juvenile detention center, to house youths from DeKalb County and any other youths assigned by the Department, and the State agreed to reimburse the county for its services at a fixed daily rate per child. The juvenile detention center was not transferred or deeded to the State of Georgia. There was undisputed testimony at trial that DeKalb County offered to transfer the facilities to the State in 1980, but the State did not desire to acquire title to the property and facilities due to the size and structural defects of the facility.

Between 1980 and 1982, the sheriff and board of commissioners studied the problems of the adult and juvenile detention facilities in DeKalb County. It was the opinion of the sheriff that DeKalb’s juvenile detention center was being seriously underutilized at a time when DeKalb’s adult detention facilities were overcrowded.1 The sheriff further stated that, in his opinion, the only way to expeditiously relieve the overcrowded conditions at the adult detention facilities would be by converting the juvenile detention center for that use.

On March 30, 1982, at a special meeting called to take steps necessary to relieve the critical overcrowding at the jail, the board of commissioners acted to transfer the juvenile detention facilities to the sheriff. The board had already reached an agreement with the Department of Human Resources regarding future detention facilities for DeKalb County juveniles.2

The presiding judge of the Juvenile Court of DeKalb County challenged this action by the board of commissioners and refused to assign DeKalb juveniles for detention to any facility outside DeKalb County. He brought suit in his capacity as presiding judge of the [681]*681juvenile court and individually as a citizen, taxpayer, and qualified voter of DeKalb County against the chairman and members of the board of commissioners of DeKalb County, DeKalb County, and the sheriff of DeKalb County seeking injunction, mandamus and declaratory judgment. The chairman and members of the board, the sheriff, and DeKalb County then filed a petition for writs of prohibition, mandamus and injunction against the judge.

The case came to trial in April 1982, and the trial judge granted the relief sought by the board of commissioners and DeKalb County. The trial judge found that: (1) There is no requirement of law that DeKalb County or its juvenile court must operate their own juvenile detention center; (2) The State of Georgia has the responsibility for the care and detention of juveniles in Georgia, and it meets that responsibility by operating its own facilities in 157 counties and by contract in DeKalb and Fulton Counties; (3) the DeKalb board of commissioners have the power and discretion to operate a juvenile detention facility and that discretion includes the right to designate the buildings to be used for that purpose; (4) the board of commissioners acted within their discretion when they declared the juvenile detention facilities built in 1973 to be obsolete for its intended purpose and designated the facility to be used for purposes other than those specified in the bond issue; (5) the employees of DeKalb’s juvenile detention facilities are under the control and supervision of the county governing authority rather than the juvenile court.

The trial judge also made the following finding regarding attorneys’ fees: “The judges, DeKalb Superior Court en banc, determined that it was necessary for the Honorable Edward D. Wheeler, in his capacity as Presiding Judge of the Juvenile Court of DeKalb County, to appoint counsel to represent him in this matter. The question of compensation and the amount thereof is reserved to the discretion of the judges of the DeKalb Superior Court.”

The juvenile court judge appeals from that portion of the trial judge’s order which granted relief to DeKalb County, et al., and DeKalb County cross-appeals on the question of the award of attorneys’ fees. We granted an expedited appeal, based on the parties’ motion. For reasons which appear below, we affirm as to the main appeal and reverse on the question of attorneys’ fees.

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606 S.E.2d 667 (Court of Appeals of Georgia, 2004)
Dickey v. Storey
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Woodard v. Smith
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Wheeler v. DeKalb County
292 S.E.2d 855 (Supreme Court of Georgia, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
292 S.E.2d 855, 249 Ga. 678, 1982 Ga. LEXIS 902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wheeler-v-dekalb-county-ga-1982.