While an opinion is being stated, may the juvenile judge order the subject of the case to leave the hearing, and whose opinion gives rise to that power?
General information · Not legal advice
Material to check
In a practice hearing file we read the note of who gave the opinion — the investigator, the guardian or the assistant — the juvenile judge's order that the case subject leave, and any entry recording the necessity the judge relied on and what followed the withdrawal.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading keeps the two paragraphs together: an opinion on the hearing may be given by the investigator, the guardian or the assistant, and where one of them does so the juvenile judge, finding it necessary, may order the case subject to withdraw.
Another reading stresses that the power is written as a permission resting on the judge's own finding of 'necessity', and the provision sets out nothing about who records that necessity, how the necessity is shown, or what happens in the subject's absence.
Your judgment
What in the hearing record would show why the juvenile judge found it necessary to order the subject of the case to leave?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to add a duty to tell the case subject on return what was said, or if a juvenile court decision explains when the necessity for withdrawal is shown.