J. B. v. State, 52491
| Decision Date | 10 September 1976 |
| Docket Number | No. 2,No. 52491,52491,2 |
| Citation | 139 Ga.App. 545,228 S.E.2d 712 |
| Parties | J.B. v. STATE of Georgia |
| Court | Georgia Court of Appeals |
Wynn Pelham, Lawrenceville, for appellant.
Nat Hancock, Dist. Atty., Jefferson, for appellee.
Appellant was found to be delinquent by the Juvenile Court of Barrow County, and was determined to be in need of correction, treatment, care and rehabilitation. He appeals the judgment of the Juvenile Court.
1. Appellant urges error in the court's overruling Appellant's Motion for a Continuance and a Bond.' The record does not support appellant's contention; rather, it shows that the court stated that he would grant a continuance. The judge also told appellant's attorney that he would hear evidence on his motion for a bond. Appellant presented no evidence on his motion for a bond. Appellant argues that a hearing on the bond would have been futile because the judge had already stated that he would not grant a bond. However, irrespective of appellant's reasons for failing to present any evidence in this regard, there is nothing in the record to show that the trial court erred in denying bond. Appellant's enumeration of error is without merit.
2. Appellant contends that the trial judge should have disqualified himself from hearing the present case because he had 'apparently' already viewed the evidence and talked with the witnesses. Appellant made no motion to disqualify the juvenile court judge at the trial level. However, he argues that the judge should have voluntarily disqualified himself because he was not impartial. Assuming but not deciding that the record shows the judge to be biased, this would not have disqualified him as a judge in the case. "(B)ias or prejudice on the part of a judge does not disqualify him, in the absence of a statutory provision on the subject'.' Hennon v. State, 33 Ga.App. 600, 601, 127 S.E. 473, 474. Code § 24-102 sets forth the statutory grounds for disqualification of a judicial officer. These grounds have been held to be exhaustive. Yeargin v. Hamilton Memorial Hospital, 229 Ga. 870(4), 195 S.E.2d 8. The record does not show that the trial judge came within any of these statutory provisions.
Further, 'waiver of disqualification of a judge may be effected expressly by agreement, or impliedly by proceeding without objection with the trial of the case with knowledge of the disqualification.' Georgia Power Co. v. Watts, 184 Ga. 135(9), 190 S.E. 654.
3. Appellant urges error in the court's failing to conduct a dispositional hearing after determining that the child was delinquent. Code § 24A-2201(b) provides: 'If the court finds on proof beyond a reasonable doubt that the child committed the acts by reason of which he is alleged to be delinquent or unruly, it shall proceed immediately or at a later time to conduct a dispositional hearing for the purpose of hearing evidence as to whether the child is in need of treatment, rehabilitation, or supervision and to make and file its findings thereon. . . .' ...
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