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![handle is hein.sag/sagva0026 and id is 1 raw text is: 02-133
COURTS NOT OF RECORD: JUVENILE AND DOMESTIC RELATIONS COURTS -
ORGANIZATION AND PERSONNEL.
ADMINISTRATION OF GOVERNMENT: STATE GRIEVANCE PROCEDURE - VIRGINIA
PERSONNEL ACT.
Juvenile court judge's power to appoint court service unit probation officers and supervisors
is administrative function not afforded judicial immunity. Aggrieved court service unit
employee may pursue remedies through state grievance procedure, with sole exception that
chief judge may order transfer of court service unit employee for good cause, after notice
and opportunity to be heard.
The Honorable Jerrauld C. Jones
Director, Department of Juvenile Justice
January 28, 2003
Issues Presented
You pose two questions with regard to the appointment of juvenile court service unit probation
officers and supervisors by judges of a juvenile and domestic relations district court (juvenile
court). First, you ask whether a judge has judicial immunity for acts involving the appointment of
such employees. Second, you ask whether such an employee, aggrieved by a judge's exercise of
his appointment or transfer authority, may pursue recourse through the state grievance procedure.
Response
It is my opinion that a juvenile court judge's power to appoint juvenile court service unit probation
officers and supervisors is an administrative function for which a judge is not afforded judicial
immunity. It is also my opinion that an aggrieved court service unit employee may pursue his
remedies through the state grievance procedure, when applicable, with the sole exception that the
chief judge may order the transfer of a court service unit employee for good cause, after notice and
an opportunity to be heard pursuant to § 16.1-233(D).
Background
You relate that juvenile probation officers of a court service unit are appointed by a judge of the
juvenile court served by that unit. The appointment is made from a list of eligible persons certified by
the Director of the Department of Juvenile Justice. No such employee may be assigned to or
discharged from a state-operated court service unit without the mutual approval of the judge and
Director. Further, supervisory officers of state-operated court service units are appointed by the
chief judge of the court served by that unit. The chief judge is also given the authority to transfer or
demote such officers.
You further relate that juvenile probation officers and supervisors are employees of the Department
of Juvenile Justice, an executive branch agency, and are generally afforded rights under the state
grievance procedure for the resolution of employment disputes.
Applicable Law and Discussion
Section 16.1-233(A) provides:
Within funds appropriated for the purpose, it shall be a function of the Department [of
Juvenile Justice] to develop and operate, except as hereinafter provided, probation,
parole and other court services for juvenile and domestic relations district courts in
order that all children coming within the jurisdiction of such courts throughout the
Commonwealth shall receive the fullest protection of the court. To this end the Director
[of the Department of Juvenile Justice] is empowered to establish court service units in
his department. The Director shall appoint such employees as he may find to be
necessary to carry out properly the responsibilities of the Department relative to the
development, supervision and operation of probation, parole and other court services
throughout the Commonwealth as set forth in [Chapter 11 of Title 16.1].](ViewImageLocal?handle=hein.sag/sagva0026&div=1&collection=&method=preview&ext=.png&size=3)