Section 12-15-6

Qualifications and appointment of referees; conduct of hearingsof cases by referees; transmission of findings and recommendations for dispositionof referees to judges; provision of notice and written copies of findingsand recommendations of referees to parties; rehearing of cases by judges;when findings and recommendations of referees become decree of court.

(a) The judge may appoint one or more persons to serve as referees on a full-time or part-time basis subject to approval of the administrative director of courts. Referees shall be licensed to practice law in this state; provided, that referees serving as such for 10 or more years on January 16,1977, will not be required to be members of the bar of this state.

(b) The judge may direct that hearings in any case or class of cases be conducted in the first instance by a referee unless:

(1) The hearing is one to determine whether a case shall be transferred for criminal prosecution; or

(2) A party objects to the hearing being held by a referee.

(c) Upon the conclusion of a hearing before a referee, he shall transmit in writing his findings and recommendations for disposition to the judge. Written notice of the findings and recommendations together with copies thereof shall be given to the parties to the proceeding. The written notice shall also inform them of the right to a rehearing before the judge.

(d) A rehearing before the judge may be ordered by the judge at any time and shall be ordered if any party files a written request therefor within 14 days after receipt of the referee's written notice. Upon rehearing, when adequate records have been kept in the proceedings before the referee, the court shall review the record and, in the discretion of the judge, may admit new evidence. If the referee has not kept adequate records, the rehearing shall be de novo.

(e) If a hearing before the judge is not requested or ordered or the right thereto is waived, the findings and recommendations of the referee, if confirmed by an order of the judge or as modified by the judge, shall become the decree of the court.

(Acts 1975, No. 1205, p. 2384, §5-104.)