reglab/housing_qa huggingface dataset:
GA Code § 15-10-103 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 6 - Constables, Clerk, and Other Court Personnel|§ 15-10-103. Constables' Power to Arrest

 Constables shall exercise the power of arrest only with a warrant or at the direction of and in the presence of a magistrate or the judge of another court.    (Code 1981, §15-10-103, enacted by Ga. L. 1983, p. 884, § 2-1.)   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarities of the statutory provisions, opinions under former Code 1933, §§ 24-817, 24-820 and 24-822 are included in the annotations for this Code section.   "Law enforcement officer" includes constables.    - Since, although constables do not have general police powers, constables do have the power to arrest with a warrant and to execute and return all warrants, summons, executions, and other processes directed to the constables by the magistrate court, and constables are to perform all other duties required of the constables by law or which relate to the constable's offices, under O.C.G.A. §§ 15-10-102 and15-10-103, one can logically conclude that the term "law enforcement officer" as used in O.C.G.A. § 15-10-202(c) includes constables of the magistrate court. 1987 Op. Att'y Gen. No. U87-21.   Extent of arrest powers accorded to constables.   - Constable is grouped with other "officers" as to arrest powers under former Code 1933, § 27-207 and is required to execute all warrants directed to the constable by lawful authority under former Code 1933, § 24-817; logically, the constable would be authorized to use such force as is necessary to carry out the constable's duties to the same extent as are other officers when serving arrest warrants or lawfully making an arrest without a warrant, but the constable does not possess general police powers, and may carry a pistol only if licensed to do so. 1978 Op. Att'y Gen. No. U78-30 (decided under former Code 1933, § 24-817).    Constable is authorized to charge and collect fee  for serving criminal warrant by arresting the person named in the warrant as a defendant. 1958-59 Op. Att'y Gen. p. 44 (decided under former Code 1933, § 24-820).   No authority to enforce motor vehicle laws without warrant.   - In the absence of a warrant, a constable does not have authority to enforce the motor vehicle laws of this state. 1975 Op. Att'y Gen. No. U75-56 (decided under former Code 1933, § 24-822).
GA Code § 15-10-104 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 6 - Constables, Clerk, and Other Court Personnel|§ 15-10-104. Exemption of Constables From Peace Officer Training and Employment Laws

 Constables shall not be subject to Chapter 8 of Title 35 relating to employment and training of peace officers.    (Code 1981, §15-10-104, enacted by Ga. L. 1983, p. 884, § 2-1.)
GA Code § 15-10-105.1 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 6 - Constables, Clerk, and Other Court Personnel|§ 15-10-105.1. Powers and Duties of Clerk

  The duties of the clerk shall be as assigned by the chief magistrate.   The authority of the clerk of magistrate court shall include the power:   To administer oaths and take affidavits in all cases permitted by law or where such authority is not confined to some other officer;   To receive the amounts of all costs due in the court of which he is clerk and to receive other sums whenever required to do so by law or by order of the judge, and not otherwise; and   To advertise under the same rules and restrictions as apply to sheriffs.       (Code 1981, §15-10-105.1, enacted by Ga. L. 1986, p. 701, § 7.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1986, "he is clerk" was substituted for "they are clerks" in paragraph (b)(2).   JUDICIAL DECISIONS    Cited in Bowen v. Ball, 215 Ga. App. 640, 451 S.E.2d 502 (1994).
GA Code § 15-10-105.2 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 6 - Constables, Clerk, and Other Court Personnel|§ 15-10-105.2. Monthly Contingent Expense Allowance for the Operation of the Magistrate Court

 In addition to any salary, fees, or expenses now or hereafter provided by law, the governing authority of each county is authorized to provide as contingent expenses for the operation of the office of clerk of the magistrate court, and payable from county funds, a monthly expense allowance of not less than the amount fixed in the following schedule:   Population Minimum Monthly Expenses ---------- -------------- 0 - 11,889 $ 100.00 11,890 - 74,999 200.00 75,000 - 249,999 300.00 250,000 - 499,999 400.00 500,000 or more 500.00    (Code 1981, §15-10-105.2, enacted by Ga. L. 2001, p. 902, § 11; Ga. L. 2015, p. 5, § 15/HB 90.)
GA Code § 15-10-106 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 6 - Constables, Clerk, and Other Court Personnel|§ 15-10-106. Appointment of Other Court Personnel; Compensation

 If necessary, the county governing authority may provide for the appointment by the chief magistrate of secretaries and other personnel to assist the magistrates or clerk or both. Personnel so appointed shall serve at the pleasure of the chief magistrate. The compensation of such personnel shall be fixed by the county governing authority and paid from county funds.    (Code 1981, §15-10-106, enacted by Ga. L. 1983, p. 884, § 2-1.)
GA Code § 15-10-120 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 7 - Transitional Provisions|§ 15-10-120. Certain Officials to Become Magistrates; Term of Office

 Reserved. Repealed by Ga. L. 2019, p. 658, § 4/HB 257, effective July 1, 2019.   Editor's notes.   - This Code section was based on Code 1981, § 15-10-120, enacted by Ga. L. 1983, p. 884, § 2-1.
GA Code § 15-10-121 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 7 - Transitional Provisions|§ 15-10-121. Transfer of Pending Cases to Magistrate Courts

 On July 1, 1983, any matter pending in the court of an officer referred to in Code Section 15-10-120 shall by operation of law be transferred to the magistrate court of the same county. Such pending matters shall be decided by the magistrate court of the county even if the magistrate court would not otherwise have jurisdiction over the case.    (Code 1981, §15-10-121, enacted by Ga. L. 1983, p. 884, § 2-1.)
GA Code § 15-10-122 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 7 - Transitional Provisions|§ 15-10-122. Courts Exempt From Chapter

 This chapter, the Act enacting this chapter, and future Acts amending this chapter shall not be construed as laws affecting municipal courts, county recorder's courts, or the civil courts of Richmond and Bibb counties.    (Code 1981, §15-10-122, enacted by Ga. L. 1983, p. 884, § 2-1.)
GA Code § 15-10-123 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 7 - Transitional Provisions|§ 15-10-123. Local Law References to Justices of the Peace Deemed References to Magistrates

 Unless otherwise apparent from the context, references in local laws to justices of the peace and their courts shall be deemed on and after July 1, 1983, to refer to magistrates and magistrate courts.    (Code 1981, §15-10-123, enacted by Ga. L. 1983, p. 884, § 2-1.)
GA Code § 15-10-130 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 8 - Magistrate Training|§ 15-10-130. Short Title

 This article shall be known and may be cited as "The Georgia Magistrate Courts Training Council Act."    (Code 1981, §15-10-130, enacted by Ga. L. 1983, p. 884, § 2-1.)
GA Code § 15-10-131 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 8 - Magistrate Training|§ 15-10-131. Definitions

 As used in this article, the term:    "Certified magistrate" means a magistrate judge who has the appropriate required certificate of training issued by the council and on file with the council or a magistrate judge who is exempt from such training by subsection (d) of Code Section 15-10-137.   "Council" means the Georgia Magistrate Courts Training Council.   "School" means any school, college, university, academy, or training program approved by the council and the Judicial Council of Georgia which offers basic, in-service, advanced, specialized, or continuing judicial training or a combination thereof and includes within its meaning a combination of course curriculum, instructors, and facilities which meet the standards required by the council.     (Code 1981, §15-10-131, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1985, p. 1416, § 1; Ga. L. 1990, p. 8, § 15.)   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarities of the statutory provisions, opinions under former Code 1933, T. 24, C. 16A and § 24-1602a are included in the annotations for this Code section.   No certificate to be issued if course not completed.   - Georgia Justice (now Magistrate) Courts Training Council is not to issue certificates to judicial officers who have not completed its course of training, whether or not completion of training is a prerequisite to the collection of fees, charges, and costs by such officers. 1981 Op. Att'y Gen. No. 81-91 (decided under former Code 1933, T. 24, C. 16A).    Probate judges who hold courts of inquiry pursuant to former Code 1933, § 27-401 (see now O.C.G.A. § 17-7-20) need not obtain training and certification from the Georgia Justice (now Magistrate) Courts Training Council. 1982 Op. Att'y Gen. No. 82-69 (decided under former Code 1933, § 24-1602a).
GA Code § 15-10-132 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 8 - Magistrate Training|§ 15-10-132. Creation of Georgia Magistrate Courts Training Council

  There shall be established a council which shall be known and designated as the "Georgia Magistrate Courts Training Council" and which shall be composed of the director of the Administrative Office of the Courts or such director's designee, which member shall not be a voting member, and five elected or appointed magistrate judges or senior magistrates who shall be appointed by the president of the Council of Magistrate Court Judges, with approval of the council's executive committee, for terms of two years.   Membership on the council does not constitute public office and no member shall be disqualified from holding office by reason of his membership.   Members of the Georgia Justice Courts Training Council serving as of June 30, 1983, shall continue on and automatically become members of the Georgia Magistrate Courts Training Council with the same term and office as held on June 30, 1983.     (Code 1981, §15-10-132, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1997, p. 922, § 2; Ga. L. 1999, p. 81, § 15; Ga. L. 2011, p. 537, § 1/SB 47.)
GA Code § 15-10-133 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 8 - Magistrate Training|§ 15-10-133. Oath; Certificate of Appointment

 Immediately and before entering upon the duties of office, the members of the Georgia Magistrate Courts Training Council shall take the oath of office and shall file the same in the office of the Judicial Council, which, upon receiving the oath of office, shall issue to each member a certificate of appointment.    (Code 1981, §15-10-133, enacted by Ga. L. 1983, p. 884, § 2-1.)
GA Code § 15-10-134 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 8 - Magistrate Training|§ 15-10-134. Officers; Quorum; Minutes; Annual Report

  A chairman and vice chairman shall be elected at the first meeting of each calendar year.   The director of the Administrative Office of the Courts or his designee shall serve as secretary to the council.   A simple majority of the members of the council shall constitute a quorum for the transaction of business.   The council shall maintain minutes of its meetings and such other records as it deems necessary.   The council shall report at least annually to the Governor and to the General Assembly as to its activities.     (Code 1981, §15-10-134, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1990, p. 8, § 15.)
GA Code § 15-10-135 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 8 - Magistrate Training|§ 15-10-135. Compensation and Reimbursement of Members

 The members of the council shall receive no salary but shall be reimbursed for their reasonable and necessary expenses actually incurred in the performance of their functions; provided, however, that such expenses shall not exceed those allowed to members of the General Assembly.    (Code 1981, §15-10-135, enacted by Ga. L. 1983, p. 884, § 2-1.)
GA Code § 15-10-136 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 8 - Magistrate Training|§ 15-10-136. Powers and Duties

 The council shall be vested with the following functions, powers, and responsibilities:    To make all the necessary rules and regulations to carry out this article;   To prescribe the minimum of training hours to be completed by each magistrate or senior magistrate on an annual basis. Not less than 12 hours nor more than 20 hours shall be required in a calendar year;   To cooperate with and secure the cooperation of every department, agency, or instrumentality of the state government or its political subdivisions in furtherance of the purposes of this article;   To approve schools and to prescribe minimum qualifications for instructors at approved schools;   To issue a certification to any magistrate judge satisfactorily complying with an approved training program established;   To do any and all things necessary or convenient to enable it wholly and adequately to perform its duties and to exercise the power granted to it; and   To prescribe, by rules and regulations, the minimum requirements for curricula and standards composing the initial in-service, advanced, specialized, and continuing training courses for certification.     (Code 1981, §15-10-136, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 2011, p. 537, § 2/SB 47.)
GA Code § 15-10-137 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 8 - Magistrate Training|§ 15-10-137. Training Requirements of Certified Magistrates

  In order to become certified under this article, any person who becomes a magistrate on or after July 1, 1998, shall satisfactorily complete 80 hours of training specified by the council concerning the performance of his or her duties during the first two years after becoming a magistrate.   Any person who becomes a magistrate on or after July 1, 1998, shall complete during the initial year of service as a magistrate a program of orientation activities established by the council and conducted under the guidance and supervision of an experienced adviser or mentor magistrate or judge.     In order to maintain the status of a certified magistrate judge, each person certified as such shall complete the minimum number of training hours required by the council per annum during each calendar year after the year of his or her initial certification in which he or she serves as a magistrate judge.   If a magistrate or senior magistrate completes training hours in excess of the number of hours required by the council, credit for the training so completed, not to exceed six hours, shall be carried over and applied to the next calendar year.     Notwithstanding any other provision of this article, any magistrate who is also an active member of the State Bar of Georgia shall be certified as a certified magistrate by the council without being required to complete any training otherwise required by subsection (a) of this Code section but shall be required to complete the mentor program of subsection (b) of this Code section within 12 months of taking office as magistrate and the annual training required by subsection (c) of this Code section, commencing with the first full calendar year following the year in which such a magistrate takes office.     (Code 1981, §15-10-137, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1984, p. 22, § 15; Ga. L. 1984, p. 1096, § 12; Ga. L. 1985, p. 1416, § 2; Ga. L. 1990, p. 8, § 15; Ga. L. 1998, p. 185, § 1; Ga. L. 2002, p. 1073, § 1; Ga. L. 2009, p. 624, § 2/SB 199; Ga. L. 2011, p. 537, § 3/SB 47.)   OPINIONS OF THE ATTORNEY GENERAL    Credit may not be given for certification training  completed prior to July 1, 1983. 1983 Op. Att'y Gen. No. 83-59.
GA Code § 15-10-150 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 9 - Magistrate Court Serving as Municipal Court|§ 15-10-150. Contract With Municipality

 The governing authority of any county may contract with the governing authority of any municipality within the county for the county to furnish municipal court services to the municipality as authorized by this article; and the governing authorities of municipalities are likewise authorized to enter into such contracts with county governing authorities.    (Code 1981, §15-10-150, enacted by Ga. L. 1986, p. 787, § 1.)
GA Code § 15-10-151 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 9 - Magistrate Court Serving as Municipal Court|§ 15-10-151. Services Provided Through Office of Magistrate

 Any contract entered into pursuant to this article shall provide that the county shall furnish municipal court services to the municipality through the officers, employees, and facilities of the magistrate court of the county. Any contract so entered into shall not become effective unless it is approved by the chief magistrate then in office; and no such contract shall extend beyond the term of the chief magistrate then in office.    (Code 1981, §15-10-151, enacted by Ga. L. 1986, p. 787, § 1.)
GA Code § 15-10-152 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 9 - Magistrate Court Serving as Municipal Court|§ 15-10-152. Municipal Jurisdiction

 When a contract entered into pursuant to this article has become effective, the judges of the magistrate court shall have full authority to act as judges of the municipal court of the municipality; and the other officers and personnel of the magistrate court shall have full authority to act as officers and personnel of the municipal court.    (Code 1981, §15-10-152, enacted by Ga. L. 1986, p. 787, § 1.)
GA Code § 15-10-153 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 9 - Magistrate Court Serving as Municipal Court|§ 15-10-153. Styling of Municipal Court Judges, Officers, Pleadings, and Records

 When acting as officers of the municipal court all judges and other officers of the magistrate court shall be styled as judges and officers of the municipal court; and all pleadings, process, and papers of the municipal court shall be styled as such and not as pleadings, process, and papers of the magistrate court. The dockets and other records of the municipal court shall be kept separately from those of the magistrate court.    (Code 1981, §15-10-153, enacted by Ga. L. 1986, p. 787, § 1.)
GA Code § 15-10-154 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 9 - Magistrate Court Serving as Municipal Court|§ 15-10-154. Applicability of Municipal Charter and Ordinances

 Any limitations upon the punishment which may be imposed for violations of municipal ordinances which are contained in the charter of the municipality shall continue to control in municipal courts operated under this article, and if no such limitation exists the maximum punishment imposed shall not exceed a fine of $1,000.00 or six months' imprisonment or both, unless some other general law authorizes greater punishment. Other charter provisions not in conflict with this article shall continue to apply in municipal courts operated under this article.    (Code 1981, §15-10-154, enacted by Ga. L. 1986, p. 787, § 1.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1986, "six" was substituted for "6" in the first sentence.
GA Code § 15-10-155 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 9 - Magistrate Court Serving as Municipal Court|§ 15-10-155. Exceptions

  Except as provided in subsection (b) of this Code section, the authority granted to municipalities by this article shall not apply to:   A municipality whose charter does not authorize a municipal court;   A municipality whose charter provides for the election, as judge or judges and not as members of the municipal governing authority, of the judge or judges of a court having jurisdiction over municipal ordinance violations; or   A municipality whose charter expressly provides that the municipality shall not have the authority granted by this article.     The authority granted to municipalities by this article shall, notwithstanding the provisions of subsection (a) of this Code section, apply to any municipality if as of June 30, 1983, jurisdiction over violation of its ordinances was by law vested in a magistrate court in existence on that date.     (Code 1981, §15-10-155, enacted by Ga. L. 1986, p. 787, § 1; Ga. L. 1987, p. 3, § 15.)
GA Code § 15-10-200 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 10 - Deposit Account Fraud Prosecutions|§ 15-10-200. Applicability; Penalty

 This article governs trials of misdemeanor violations of Code Section 16-9-20, relating to deposit account fraud, which violations shall be punishable as provided in subsection (b) of Code Section 16-9-20.    (Code 1981, §15-10-200, enacted by Ga. L. 1987, p. 1032, § 2; Ga. L. 1994, p. 1787, § 2.)
GA Code § 15-10-201 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 10 - Deposit Account Fraud Prosecutions|§ 15-10-201. Jury Trials

 There shall be no jury trials in the magistrate court. Any person charged with one or more misdemeanor violations of Code Section 16-9-20 may, at any time before trial, demand that the case be removed to the state court of the county or to the superior court of the county if there is no state court. Such demand shall be written. Upon such written demand the court shall grant the demand. Failure to so demand removal of the case shall constitute a waiver of any right to trial by jury which the defendant may otherwise have had and of any other right which could have been secured by such a demand.    (Code 1981, §15-10-201, enacted by Ga. L. 1987, p. 1032, § 2; Ga. L. 1988, p. 13, § 15.)
GA Code § 15-10-220 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 11 - Senior Magistrates|§ 15-10-220. Creation of Office; Qualifications

 There is created the office of senior magistrate.Subject to the approval of the governing authority, any chief magistrate of this state may appoint to the office of senior magistrate any retired chief magistrate, magistrate, or judge who prior to retirement served at least eight consecutive years as chief magistrate or magistrate, or a combination of such offices, or served eight consecutive years as a judge of a court of record or juvenile court, or a combination of such offices.A senior magistrate need not be a member of the State Bar of Georgia, unless required by local law.The term of an appointment made pursuant to this Code section shall not exceed the current term of the appointing officer.    (Code 1981, §15-10-220, enacted by Ga. L. 1993, p. 910, § 2.)
GA Code § 15-10-221 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 10 - Magistrate Courts|Article 11 - Senior Magistrates|§ 15-10-221. Assumption of Duties and Powers of Magistrate

 Upon the request of any chief magistrate of this state, a senior magistrate may discharge all of the duties of a magistrate and may assume and exercise all of the jurisdiction, power, and authority of a magistrate.    (Code 1981, §15-10-221, enacted by Ga. L. 1993, p. 910, § 2.)