Chapter 4 — Courts
Court authorized.
Sec. 4-36. Court authorized.
Article VI, section I of the Constitution is hereby amended by adding at the end thereof a new paragraph to be known as paragraph III, to read as follows:
Paragraph III. The General Assembly may, in its discretion, create a new court or system of courts in and for each city of this state having a population of more than 300,000 according to the United States decennial census of 1960, and any future such United States census, conferring upon such new court or system of courts jurisdiction to issue warrants, try cases and impose sentences thereon:
In the event the territorial limits of any such city is decreased or increased in size, the jurisdiction of any court created pursuant to the provisions of this paragraph shall likewise be decreased or increased, as the case may be.
In the event a new court or system of courts is created by the General Assembly pursuant to the provisions of this paragraph, the General Assembly, in its discretion, may abolish the jurisdiction of other courts to issue warrants, try cases and impose sentences in cases upon which jurisdiction is conferred upon the courts or systems of courts created pursuant to the provisions of this paragraph, and to further provide that all such cases pending in such court or system of courts shall be transferred to the court or system of courts created pursuant to the provisions of this paragraph. (1967 Ga. Laws, page 963, § l)
Editor’s note—The above local constitutional amendment was continued in effect by 1986 Ga. Laws, page 4820.
Establishment.
Sec. 4-37. Establishment.
Pursuant to the provisions of Article VI, Section I of the Constitution of the State of Georgia, as amended, and the provisions of that constitutional amendment authorizing the General Assembly to create a new court or system of courts in each city having a population of more than 300,000 and to provide jurisdiction of such court or system of courts (Res. Act No. 81; H.R. 167-510; Ga. L. 1967, p. 963), which constitutional amendment was specifically continued in force and effect on and after July 1, 1987, as a part of the Constitution of the State of Georgia by an Act approved March 26, 1986 (Ga. L. 1986, p. 4820) [see § 4-36 hereof], there is hereby established in each city of this state having a population of 300,000 or more according to the United States decennial census of 1990 or any future such a court to be known as the city court of such city. Such courts shall be considered courts of record and shall have a seal of appropriate design prescribed by the governing authority of each city; and the minutes, records, and other books and files that are required by law to be kept for the superior courts shall, in the same manner, so far as the jurisdiction of state courts may render necessary, be kept in and for such courts. (1996 Ga. Laws, page 627, § 1)
See. 4-38. Legislative determination.
It is hereby declared as a matter of legislative determination:
(1996 Ga. Laws, page 627, § 2)
Jurisdiction.
Sec. 4-39. Jurisdiction.
Each such court shall have jurisdiction coextensive with the territorial limits of the city in which it is located over:
Judges—Qualifications; oath; compensation; restriction on practice of law.
Sec. 4-40. Judges—Qualifications; oath; compensation; restriction on practice of law.
See. 4-41. Same—Vacancies; method of appointment; removal; retirement.
Retention of judges; term of office; failure to be retained.
Sec. 4-42. Retention of judges; term of office; failure to be retained.
"Shall Judge (Name ofjudge) of the (Name of the city) City Court be retained in office?
Yes, to retain No, against retention."
Chiefjudge; selection; chiefjudge pro tempore; duties.
Sec. 4-43. Chiefjudge; selection; chiefjudge pro tempore; duties.
Authority of judges generally.
Sec. 4-44. Authority of judges generally.
The judges of such courts shall have the same authority as judges of the superior courts to:
(1996 Ga. Laws, page 627, § 8)
Hearings on merits in open court; other proceedings allowed in chambers.
Sec. 4-45. Hearings on merits in open court; other proceedings allowed in chambers.
All trials and preliminary hearings on the merits shall be conducted in open court and, so far as convenient, in a regular courtroom. All other proceedings, hearings, and acts may be done or conducted by a judge in chambers and in the absence of the clerk or other court officials. The judges of such courts may hear motions and enter orders in all cases pending in the court over which he or she presides in open court or chambers. The proceedings after information, accusation, uniform traffic citation, or summons shall conform to the rules governing like proceedings in superior courts. (1996 Ga. Laws, page 627, § 9)
Jurors; jury trials.
Sec. 4-46. Jurors; jury trials.
Solicitors.
Sec. 4-47. Solicitors.
See. 4-48. Public defender.
Investigators.
Sec. 4-49. Investigators.
There shall be not less than one investigator for each of such courts, each of whom shall be appointed by and serve at the discretion of the solicitor. (1996 Ga. Laws, page 627, § 13)
Clerk and other court personnel; prohibition.
Sec. 4-50. Clerk and other court personnel; prohibition.
Bailiffs.
Sec. 4-51. Bailiffs.
There shall be as many bailiffs for each of such courts as there are regular judges. Each bailiff shall be appointed by and serve at the discretion of the judges in conference, shall attend all sittings of the court, and shall perform such other duties as may be prescribed by the judges. (1996 Ga. Laws, page 627, § 15)
See. 4-52. Constables.
The constables of each of such courts shall be the sheriffs and deputy sheriffs of the several counties of this state and the chief of police and the regularly elected and qualified members of the police department of each city, each of whom shall serve all processes and orders to them directed. (1996 Ga. Laws, page 627, § 16)
Service by judges pro hac vice.
Sec. 4-53. Service by judges pro hac vice.
Upon certification by the chief judge that the business of the court is such that additional help is needed to promptly handle the business of the court, the chief judge may appoint one or more attorneys at law to act as judge pro hac vice. Any person appointed judge pro hac vice shall possess the same qualifications as required for judges within this Act. Each judge pro hac vice while serving as such shall have all the powers and authority of a judge. (1996 Ga. Laws, page 627, § 17)
Service by senior judges.
Sec. 4-54. Service by senior judges.
Such senior judges shall be compensated in addition to retirement pay in the amount paid to judges pro hac vice of such court for such services. In addition to such compensation, such judges shall receive mileage at the same rate as other employees of the city for such services. Said compensation and mileage shall be paid from city funds appropriated or otherwise available for the operation of such court upon a certificate by the judge as to the number of days served and the mileage. Such compensation shall not diminish or otherwise impair the payment or receipt of any retirement or pension benefits of such judge. (1996 Ga. Laws, page 627, § 18)
Solicitors and public defenders pro hac vice.
Sec. 4-55. Solicitors and public defenders pro hac vice.
Terms of court.
Sec. 4-56. Terms of court.
Each court shall have two terms of six months, each term to be designated by the name of the month in which the term begins and shall also have such adjourned terms as the chiefjudge may prescribe. Two or more sessions of each court may be held at the same time and each court shall sit at such places within the city as the governing authority shall provide. (1996 Ga. Laws, page 627, § 20)
Housing and facilities for courts.
Sec. 4-57. Housing and facilities for courts.
Each court shall sit at such places within the city as the governing authority shall provide.
However, the governing authority of each city shall provide adequate courtrooms, offices, equipment, and other facilities necessary for the operation of each of such courts. (1996 Ga. Laws, page 627, § 21)
See. 4-58. Violation bureau; director.
Probation.
Sec. 4-59. Probation.
When such courts are located in counties having a county probation system where the probation officers are functioning and deemed to be the same as circuit probation officers under the provisions of O.C.G.A. tit. 42, ch. 8, art. 2 (O.C.G.A. § 42-8-20 et seq.), the "State-wide Probation Act," probationers from such courts shall be supervised by the county probation system. The expense of supervising such probationers shall be paid by such cities out of the moneys collected as fines and forfeitures. (1996 Ga. Laws, page 627, § 23)
Criminal prosecutions.
Sec. 4-60. Criminal prosecutions.
Criminal prosecutions in such courts may be instituted by summons, written information, or accusation specifically setting forth the offense charged. Such information, accusation, or summons may be signed by the solicitor or assistant solicitor or by the chief of police or any member of the police department. (1996 Ga. Laws, page 627, § 24)
Appellate review.
Sec. 4-61. Appellate review.
The orders, verdicts, judgments, and sentences of such courts shall be subject to appellate review in accordance with the provisions of general law:
(1996 Ga. Laws, page 627, § 25)
Fines and forfeitures; priority in distribution.
Sec. 4-62. Fines and forfeitures; priority in distribution.
Except as provided in sections 4-63 and 4-64, all moneys arising from fines or forfeitures imposed and collected in such courts shall be paid into the treasury of the respective cities and shall be used first to cover the housing facilities, equipment, personnel and personnel training, and other costs necessary for the administration of such courts. Any remaining funds shall be used to defray the expenses associated with the enforcement of laws and ordinances relating to and regulating traffic. (1996 Ga. Laws, page 627, § 26)
Additional penalty—For victims and witnesses assistance program.
Sec. 4-63. Additional penalty—For victims and witnesses assistance program.
See. 4-64. Same—For other purposes.
Chapter 4.5 RESERVED* Secs. 4.5-1—4.5-311. Reserved.
♦Editor’s note—Formerly this Chapter pertained to education. See General Assembly S.B 204.
RL4.5:1 Secs. 4.5-1—4.5-311. Reserved.
RL4.5:3 Chapter 5 HEALTH AND SANITATION See 5-1 Sec 5-2 Authority of state legislature in connection with health and sanitation in Fulton County and Atlanta Atlanta, Fulton County and DeKalb County may contract with each other or with a hospital authority HEALTH AND SANITATION