Amends TCA Title 36 and Title 37.
This bill changes the standard of review for appeals of a magistrate's decision to the juvenile court judge from de novo to abuse of discretion. Present law authorizes the judge of the juvenile court to appoint one or more suitable persons to act as magistrates at the pleasure of the judge. The judge may direct that any case or class of cases over which the juvenile court has jurisdiction be heard in the first instance by the magistrate. A party may, after entry of an order by the magistrate order, file a request with the court for a de novo hearing by the judge of the juvenile court. Present law further specifies that all parties to a hearing before the magistrate are parties to a de novo hearing before the judge. This bill changes the standard of review in the above-referenced matters from "de novo" to "abuse of discretion." A de novo review generally means that a court is deciding the issues without reference to any legal conclusion or assumption made by the previous court to hear the case. A review based on abuse of discretion means, generally, that the reviewing court cannot reverse absent a definite and firm conviction that the lower court (in this case, the magistrate) committed a clear error of judgment in the conclusion it reached upon a weighing of relevant factors.
This bill changes the standard of review for appeals of a magistrate's decision to the juvenile court judge from de novo to abuse of discretion. Present law authorizes the judge of the juvenile court to appoint one or more suitable persons to act as magistrates at the pleasure of the judge. The judge may direct that any case or class of cases over which the juvenile court has jurisdiction be heard in the first instance by the magistrate. A party may, after entry of an order by the magistrate order, file a request with the court for a de novo hearing by the judge of the juvenile court. Present law further specifies that all parties to a hearing before the magistrate are parties to a de novo hearing before the judge. This bill changes the standard of review in the above-referenced matters from "de novo" to "abuse of discretion." A de novo review generally means that a court is deciding the issues without reference to any legal conclusion or assumption made by the previous court to hear the case. A review based on abuse of discretion means, generally, that the reviewing court cannot reverse absent a definite and firm conviction that the lower court (in this case, the magistrate) committed a clear error of judgment in the conclusion it reached upon a weighing of relevant factors.
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