Atlanta › Charter and Related Laws — Part I
Chapter 4 — Courts
§ 4-101
Establishment; designation.
Pursuant to the provisions of Article VI, Section I, of the Constitution of Georgia, and Title 36 of the O.C.G.A., as amended, there shall be in the city a court to be known as the Municipal Court of Atlanta, which shall have a minute book and a seal of appropriate design prescribed by council. (1996 Ga. L. (Act No. 1019), p. 4469)
§ 4-102
Jurisdiction, authority, and powers generally.
The municipal court and each judge thereof shall have jurisdiction and power coextensive with the territorial limits of the City of Atlanta, Georgia, to:
(1)Try and punish violations of this charter, all city ordinances, and such other violations as provided by law;
(2)Try, hear, and abate nuisances as provided by the laws of this state;
(3)Hear, try, and determine as a committing court all warrants for the violation of any state law and, while acting under the authority of the laws of the State of Georgia, to bind over such persons to an appropriate higher court for the eventual trial of said case;
(4)Punish those in its presence for contempt, provided that such punishment shall not exceed $200.00 or ten days in jail or both;
(5)Punish for violations within its jurisdiction not exceeding a fine of $1,000.00 or imprisonment for six months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law;
(6)Establish bail and recognizance to ensure the presence of those charged with violations before said court;
(7)Probate, revoke, amend, remit, modify, alter, or suspend sentences imposed, provided that the mayor may grant reprieves and pardons, commute penalties, and remit any part of a sentence following defendant's request therefor to the court;
(8)Compel the production of books, papers, and other evidence in the possession of any party with the same authority as magistrates of the state;
(9)Compel the presence of witnesses or all parties necessary to a proper disposal of each case by issuance of summonses, subpoenas, warrants, orders, and all other process in cases within its jurisdiction arising under the laws of the State of Georgia or this Charter or ordinances of the city with full power to enforce the same;
(10)Enforce obedience to its orders, judgments, and sentences with the same authority as magistrates of the state;
(11)Administer all oaths as are necessary with the same authority as magistrates of the state and take affidavits and attest other papers;
(12)Issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the authority as magistrate of the state to issue warrants for offenses against state laws committed within the city; and
(13)Such other powers and duties as shall be provided by law or ordinance.
(1996 Ga. L. (Act No. 1019), p. 4469; S.B. 498/2004, § 2, 5-17-04)
§ 4-102A
Reserved.
Editor’s note—Section 3 of Senate Bill 498/2004, adopted May 17, 2004, repealed § 4-102A in its entirety. Formerly, said section pertained to the Victims and witnesses assistance programs.
§ 4-103
Appellate review.
The orders, verdicts, judgments, and sentences of the court shall be subject to appellate review by writ of certiorari in the appropriate superior court or as otherwise provided by general law. (1996 Ga. L. (Act No. 1019), p. 4469)
§ 4-104
Judges; qualifications; term of office; appointment; oath; vacancies; compensation.
(a)Number of judges. The municipal court shall be presided over by such number of municipal court judges as shall be authorized by the city council.
(b)Qualifications. To qualify for appointment as a judge of the municipal court, a person shall be at least 25 years of age, a resident of the city for at least one year, a member of the State Bar of Georgia, and a practicing attorney with a minimum of five years' experience. To hold office as a judge after such appointment, a person shall continue to possess said qualifications and shall not hold or qualify for any other public office.
(c)Appointment. The mayor shall appoint a person to the position of municipal court judge in accordance with the provisions of this article.
(d)Term of office. A judge of the municipal court shall be appointed for a term of four years and, upon completion of such term, such judge shall continue to serve until not retained by a vote of city electors as provided herein.
(e)Oath. Before assuming office, each judge shall take and subscribe an oath or affirmation, before some officer authorized to administer oaths, faithfully to discharge the duties of the office. The oath shall be filed with the municipal clerk.
(f)Vacancies. In the event of any vacancy in the office of a municipal court judge for any cause, whether by death, resignation, lack of retention, or removal, the mayor shall appoint some qualified person to fill such vacancy in accordance with the provisions of this article. Any judge appointed to fill a vacancy shall not be required to run against his or her record until he or she has held office at least 12 months, and in such event his or her term shall be extended until the end of the calendar year of the second general municipal election following the date of his or her appointment.
(g)Compensation. The municipal court judges shall be paid an annual salary no less than 90 percent of the total annual compensation of the judges of the Superior Court within the territorial jurisdiction of said court. (1996 Ga. L. (Act No. 1019), p. 4469; Ord. No. 2007-33(07-0-0695), § 1, 6-12-07)
§ 4-105
Chief judge.
(a)Selection. The municipal court judges shall by a majority vote select a chief judge to serve at their pleasure.
(b)Duties. The chief judge shall be responsible for the general supervision of the municipal court and shall promulgate all rules necessary for the supervision, conduct, and administration of the court, including but not limited to the number of divisions into which the court is divided and the assignment of judges to duty therein; the hours of operation of the court; the preparation of calendars deemed necessary and proper; and a system for keeping court records and shall require such reports from the judges, solicitor, public defender, clerk/administrator, and other court personnel as deemed necessary and proper. Such rules so promulgated shall be reduced to writing. The chief judge shall be responsible also for the preparation and submittal of budgets of said court to the mayor and city council and appropriate departments, committees, and agencies. He or she shall further perform other duties as the council may provide by ordinance or as required by law.
(c)Vacancy, incapacity, or inability. In the event of a vacancy, incapacity, or inability of the chief judge to perform his or her duties, the remaining judges of the court, by a majority vote, shall select another chief judge in accordance with this section. (1996 Ga. L. (Act No. 1019), p. 4469)
§ 4-106
Judicial commission.
(a)Creation. There is hereby created an Atlanta Judicial Commission, established for the purpose of nominating to the mayor persons for appointment to the positions of judges, solicitors and public defenders of city and municipal courts, and any judge pro hac vice of municipal court.
(b)Composition; appointments. The Atlanta Judicial Commission shall be composed of eight voting members, consisting of three members appointed by the Atlanta Bar Association who are actively engaged in the practice of law, three members appointed by the Gate City Bar Association who are actively engaged in the practice of law, and two members appointed by the mayor who are residents and qualified electors of the city but not attorneys. All persons appointed to the judicial commission shall have resided in the city for at least 12 months and continue to reside in the city during their terms of office. Of the members first appointed after the effective date of this Charter, one member of the Atlanta Bar Association and Gate City Bar Association shall be appointed for two years, one member of the Atlanta Bar Association and Gate City Bar Association shall be appointed for three years, one member of the Atlanta Bar Association and Gate City Bar Association shall be appointed for four years, and the two members appointed by the mayor shall be appointed for four years. Thereafter, all members shall be appointed to four-year terms. A chairperson and secretary shall be elected by the members; however, the chairperson shall be a member of the State Bar of Georgia.
(c)Functions; duties. Whenever a vacancy occurs in the positions of judges, solicitors and public defenders of city and municipal courts, or a judge pro hac vice of municipal court for any cause, the mayor shall provide written notification to the chairperson within 30 days of the act creating the vacancy or any new position. The judicial commission shall certify to the mayor a list of three nominees who are members of the State Bar of Georgia in good standing. Such list shall be submitted by the judicial commission no later than 90 days after receiving the above written notification from the mayor. The nominations and appointments to fill vacancies shall be based solely upon merit, legal experience, ability, and integrity. Any member shall be disqualified from consideration of an applicant who is related by blood or marriage.
(d)Confidentiality of deliberations. The deliberations of the judicial commission shall be confidential and privileged. The identity of the applicants and nominees certified to the mayor shall be public information.
(e)Failure to submit nominations. If the judicial commission has not presented its nominations as required by subsection (c) herein to the mayor within 120 days after being informed by the mayor of a vacancy or pending vacancy, the mayor may thereafter fill such vacancy on his or her own motion, applying the standards herein. However, any such appointment made by the mayor shall be confirmed by a majority vote of the members of council.
(f)Appointments by mayor as a result of court consolidation. Notwithstanding subsections (a) through (e) of this section, the mayor, at the mayors sole discretion, shall have the temporary authority for a period of one year from the effective date of this subsection to appoint any City of Atlanta judge who resigns or retires in good standing to the municipal court without first observing the Atlanta Judicial Commission process provided in subsections (a) through (e) of this section. This subsection shall not longer be applicable and shall be repealed one year following the effective date of this subsection. (1996 Ga. L. (Act No. 1019), p. 4469; S.B. 498/ 2004, § 4, 5-17-04)
§ 4-107
Retention of judges.
(a)Filing of declaration. A judge of the municipal court who desires to retain judicial office for a succeeding term shall file with the municipal clerk, not more than 90 days nor less than 60 days prior to each regular general municipal election prior to the expiration of the judge's term of office, a declaration of intent to run for another term.
(b)Ballot question. Upon the filing of the above declaration, a question shall be placed upon the appropriate ballot of such municipal election as follows:
"Shall Judge (name of judge) of the Atlanta Municipal Court be retained in office?
Yes, to retain.
No, against retention."
If a majority of those voting on such question vote to retain a judge, the judge is thereupon retained for a four-year term commencing on the first Monday in January following each municipal election. If a majority of those voting on such question vote not to retain a judge, a vacancy shall exist upon the expiration of the term being served by the judge. Such vacancy shall be filled in accordance with the provisions within this article.
(c)Prohibition against appointment. Any judge failing to be retained by city electors shall be ineligible for appointment to the municipal court for a period of four years. (1996 Ga. L. (Act No. 1019), p. 4469)
§ 4-108
Removal of judges.
(a)A judge of the municipal court may be removed from office in accordance with the provisions of the Code of Judicial Conduct effective on January 1,1994, as now or hereafter amended, as adopted by the Supreme Court of Georgia.
(b)Whenever a judge of the municipal court shall be indicted for a crime involving moral turpitude, a felony, or other crime involving malfeasance or misfeasance while in office, he or she shall be automatically suspended from office without pay until final conviction, acquittal, or other disposition of the charges against him or her. Immediately thereafter, unless he or she has been convicted or pleaded guilty, he or she shall be reinstated in office and shall receive all compensation withheld during his or her suspension; otherwise his or her office shall be vacant. (1996 Ga. L. (Act No. 1019), p. 4469)
§ 4-109
Judges pro hac vice.
Sec. 4-109. Judges pro hac vice.
(a)The council shall determine the initial number of judges pro hac vice. The mayor shall appoint judges pro hac vice from panels of three nominees submitted by the Atlanta Judicial Commission. The qualifications for said appointees shall be the same as for judges and a judge pro hac vice shall act in the event of an emergency, conflict of interest, or other necessity.
(b)At such time a judge pro hac vice is needed by the municipal court for more than threefourths of the working days of this court in any six-month period, an additional position of associate judge shall be established, subject to approval by majority vote of the council.
(c)All judges pro hac vice for the municipal court shall serve four-year terms, commencing on July 1, 2004, or commencing on the effective date of their respective appointments, whichever date is earlier. Judges pro hac vice may be reappointed to that position, subject to the requirements of subsection (a) of this section.
(d)Notwithstanding subsections (a) through (c) of this section, the mayor shall, at the mayors sole option, have the temporary authority for a period of one year from the effective date of this subsection to appoint any former City of Atlanta full-time or pro hac vice judge who resigns or retires in good standing to the Municipal Court without first observing the Atlanta Judicial Commission process provided in subsections (a) through (e) of Section 4-106 of this charter. In no event shall any full-time judge of the City Court who, although his or her position has been abolished by court consolidation and who is still entitled to his or her regular salary through the end of his or her term, serve on the municipal court pro hac vice for additional compensation. This prohibition shall not affect the right of any retired employee to collect pension or other retirement benefits. This subsection shall not longer be applicable and shall be repealed one year following the effective date of this subsection. (1996 Ga. L. (Act No. 1019), p. 4469; S.B. 498/ 2004, § 5, 5-17-04)
§ 4-110
Solicitor; qualifications; selection; term; assistants; duties; oath; prohibited activities; compensation; vacancies; removal.
(a)Qualifications. There shall be a solicitor of the municipal court. The solicitor shall be at least 25 years of age, a resident of the city for at least one year, a member of the State Bar of Georgia, and a practicing attorney with a minimum of five years' experience. During his or her term of office, the solicitor shall continue to reside within the city.
(b)Selection; term. Upon the submission of three nominees by the Atlanta Judicial Commission, the mayor shall appoint one of the three nominees as the solicitor of municipal court for a four-year term. The solicitor shall discharge the duties of the office until a successor is qualified and appointed. A solicitor may be appointed to subsequent terms.
(c)Assistants. The solicitor shall appoint such deputy or assistant solicitors as may be authorized by the city council. Any deputy or assistant solicitor shall be and remain a member in good standing with the State Bar of Georgia and shall serve at the pleasure of the solicitor.
(d)Duties. The solicitor shall be the prosecuting officer of the municipal court. The solicitor and assistant solicitors shall perform such duties as prescribed by ordinance and required by law.
(e)Oath. Before entering the duties of their offices, the solicitor and assistants shall take and subscribe an oath or affirmation before some officer authorized to administer oaths, to faithfully discharge the duties of the office.
(f)Prohibited activities. The solicitor and deputy or assistant solicitors, excluding solicitor pro hac vice, shall devote full-time to the discharge of their duties and shall not engage in the private practice of law.
(g)Compensation. The annual salaries of the solicitor and assistants shall be fixed by the council.
(h)Vacancies. In the event of a vacancy in the position of the solicitor or any assistant for any cause, whether by death, resignation, or removal, such vacancy shall be filled in accordance with the provisions in this article.
(i)Removal. The solicitor shall be subject to removal from office by the mayor during the term of office to which such solicitor was appointed for any of the grounds enumerated in paragraphs (1) through (6) of subsection (a) of section 5-304. (1996 Ga. L. (Act No. 1019), p. 4469)
Section
4-111. Public defender; qualifications; selection; term; assistants; duties; oath; prohibited activities; compensation; vacancies; removal.
(a)Qualifications. There shall be a public defender of the municipal court. The public defender shall be at least 25 years of age, a resident of the city for at least one year, a member of the State Bar of Georgia, and a practicing attorney with a minimum of five years' experience. During his or her term of office, the public defender shall continue to reside in the city.
(b)The provisions of section 4-110 relating to the appointment, term, assistants, duties, oath, vacancies, removal, prohibited activities, and compensation shall apply also to the public defender and any assistant public defenders. The public defender and assistants shall perform such duties as shall be prescribed by ordinance and required by law. (1996 Ga. L. (Act No. 1019), p. 4469)
§ 4-112
Solicitors and public defenders pro hac vice.
(a)The solicitor shall appoint solicitors pro hac vice as needed by the municipal court to act in the event of emergency or necessity, except as provided herein.
(b)The chief judge of the municipal court shall appoint solicitors pro hac vice when there is a conflict of interest associated with the office of the solicitor. Under these circumstances, the solicitor shall make a written request setting out the nature of the conflict of interest to the chief judge.
(c)Any municipal court judge shall have authority to appoint public defenders pro hac vice to act in the event of emergency, conflict of interest, or necessity related to the office of the public defender. (1996 Ga. L. (Act No. 1019), p. 4469)
§ 4-113
Clerk/administrator and other court personnel.
(a)Clerk /administrator. The office of the clerk/ administrator is hereby created. The clerk/administrator shall be appointed by a majority vote of the total number of judges thereof to serve at their pleasure and shall not be subject to civil service rules of the city. Any person appointed clerk/administrator shall be a resident of the city during his or her appointment. The clerk/administrator duties shall consist of submitting to the chief judge recommendations for improving the efficiency and operation of the court; being the official custodian of records of the court; assisting the chief judge in the preparation of the budgeting and fiscal reports and documents as may be necessary and proper for the operation and maintenance of the court; collecting and compiling data, including cases filed and disposed of, and information on the expenditures and receipts of the court; keeping and maintaining the docketing of cases in such form and manner as required by law or the chief judge; and other such duties as provided by ordinance.
(b)Other court personnel. The judges in conference shall employ, subject to the city's civil service laws, regulations, and rules, such employees and staff of the court as shall be authorized by the council. Such employees and staff shall be within the civil service system of the city.
(c)Prohibition. Unless provided otherwise in this Charter, personnel of the municipal court shall not be employed by, members of, or under the jurisdiction of the police department or be actively engaged in the practice of law before the court except in the actual discharge of their official duties. (1996 Ga. L. (Act No. 1019), p. 4469)
§ 4-114
Court procedures; service of processes and orders.
(a)Criminal prosecutions in the court may be instituted by summons, written information, or accusation specifically setting forth the offense charged. Such information, accusation, and summons may be signed by the solicitor or assistant solicitor, any sworn member of the police department, or such officers as may be specifically authorized by ordinance. The judges of such court may issue warrants either on their own knowledge or on information given under oath. Except in capital cases, they shall have the same power to fix bonds as judges of the superior courts.
(b)All copies of documents and records of the court certified by the clerk/administrator, or such deputy clerk/administrator, under the seal of the court shall be admissible in all proceedings in the same manner and to the same extent as documents bearing the certificate of the clerks of the superior courts of the state and the seals of such courts.
(c)The chief of police and sworn members of the police department of the city and employees of the court designated by the judges, and such other officials or persons authorized by law, shall have the authority to serve all processes and orders of the municipal court in the absence of sufficient designated employees of the court, and members of the police department shall have the authority to serve as bailiffs or constables at the discretion of the chief judge. (1996 Ga. L. (Act No. 1019), p. 4469)
§ 4-115
Codes of ethics.
(a)The Code of Judicial Conduct, as adopted by the Supreme Court of Georgia, as now or hereafter amended, shall govern the conduct of the judges of the municipal court.
(b)The Code of Professional Responsibility, as adopted by the Supreme Court of Georgia, as now or hereafter amended, shall govern the conduct of the solicitor, public defender, and their assistants of the municipal court.
(c)Said codes are hereby incorporated herein by reference as if set out at length in this section, and copies thereof are on file in the office of the municipal clerk. (1996 Ga. L. (Act No. 1019), p. 4469)
See. 4-116. Victims and witnesses assistance program.
(a)In every case in the Municipal Court of Atlanta in which the court imposes a fine for a violation of a state law or a city ordinance, there shall be imposed as an additional penalty a sum not to exceed $3.00.
(b)At the time of posting bail or bond in any case before the Municipal Court of Atlanta, an additional sum not to exceed $3.00 shall be posted, and in every case in which the court orders the forfeiture of bail or bond, the additional sum posted shall be distributed as provided in subsection (c) of this section.
(c)The additional penalty in cases in which fines are imposed and the additional sum for forfeiture of bails and bonds provided for in subsections (a) and (b) of this section shall be collected by the court officer charged with the duty of collecting fines and forfeited bails or bonds. The funds collected under this section shall be distributed by the City of Atlanta Finance Department to the Victims and Witnesses Assistance Program operated by the City of Atlanta in the Municipal Court of Atlanta. The budget for the Victims and Witnesses Assistance Program named in this section shall be submitted to the governing authority as a resolution of the Finance Committee of the Atlanta City Council for review and approval of the distribution of the funds. An annual report to the governing authority of the City of Atlanta of the moneys received by the recipient of these funds shall be made by the chief judge. (S.B. 498/2004, § 6, 5-17-04)
§ 4-117
Additional penalty for municipal detention and prison facilities.
Sec. 4-117. Additional penalty for municipal detention and prison facilities.
(a)(1) In every case in which the municipal court shall impose a fine, which shall be construed to include costs, for any offense against a criminal or traffic law of this state or any ordinance of the City of Atlanta, there shall be imposed as an additional penalty a sum equal to 15 percent of the original fine. Such additional penalties shall be paid over as provided in subsection (c) of this section. The penalty provided in this paragraph shall be in addition to any penalty or additional penalty provided for in any other provision of this charter.
(2)At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of this state or ordinance of the City of Atlanta, an additional sum equal to 15 percent of the original amount of bail or bond shall be posted. In every case in which such court shall order the forfeiture of bail or bond, the additional sum equal to 15 percent of the original bail or bond shall be paid over as provided in subsection (c) of this section. The additional sums provided for in this paragraph shall be in addition to any other sums provided by law.
(b)Such sums required by subsection (a) of this section and Section 4-116 of this charter shall be in addition to that amount required by Code Section 47-17-60 of the O.C.G.A. to be paid into the Peace Officers' Annuity and Benefit Fund or by Code Section 47-11-51 of the O.C.G.A. to be paid into the Judges of the Probate Courts Retirement Fund of Georgia.
(c)The sums provided for in subsection (a) of this section shall be assessed and collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and forfeited bonds and shall be paid over to the governing authority of the city by the tenth day of the month following the month in which such sums are collected. Such sums paid over to the governing authority shall be deposited by the governing authority into a special account to be known as the "city jail fund". (S.B. 498/2004, § 7, 5-17-04)
§ 4-118
Senior judge.
Sec. 4-118. Senior judge.
(a)Creation. Any municipal court judge who retires in good standing after July 1, 2009, shall be a Senior Judge of the Atlanta Municipal Court
(b)Duties. The senior judge who retires shall continue to be in good standing with the State Bar of Georgia and shall be authorized to sit and function as a municipal court judge in the event of emergency or necessity of the court at the request of the municipal court's chief judge.
(c)Compensation. Any compensation provided for this service shall be approved by the Atlanta City Council. (Ord. No. 2009-57(09-0-0996), § l, 9-30-09)
ARTICLE 5. ELECTIONS, REMOVAL AND CONFLICTS OF INTEREST
[CHAPTER 1. CONDUCT OF ELECTIONS]