reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 3 - CIVIL PROCEEDINGS (§§ 15-10-40 — 15-10-54) › Section 15-10-52 - Party name in action

The style of any action, other than a proceeding brought pursuant to Chapter 7 of Title 44, relating to landlord and tenant, brought in the magistrate court by the assignee of the obligee of any obligation shall show the action in the name of the original obligee by the assignee.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 4 - VIOLATION OF ORDINANCES OF COUNTIES AND STATE AUTHORITIES (§§ 15-10-60 — 15-10-66) › Section 15-10-60 - Applicability of article; suspended sentences

(a)
This article governs trials of violations of county ordinances and ordinances of state authorities, which violations may be punished by incarceration or monetary penalty. Nothing in this chapter shall grant to any county or state authority more authority to enact or enforce such ordinances than the county or state authority has independently of this chapter. The punishment imposed for any ordinance violation shall not exceed a fine of $1,000.00 or six months' imprisonment or both, provided the judge shall probate not less than 120 days of any sentence imposed, except as otherwise provided by general law, and shall not exceed the maximum punishment specified by the ordinance. In the event a sentence is revoked, a defendant shall not serve more than 60 days in a county jail.
(b)
The trial court may suspend the service of the sentence imposed in the case upon such terms and conditions as it may prescribe for the payment of the fine, for performance of community service in lieu of a fine or incarceration, for the payment of restitution to a victim, or other condition relating to the underlying offense. Service of the sentence, when so suspended, shall not begin unless and until ordered by the court having jurisdiction thereof, after a hearing as in cases of revocation of probated sentences, because of the failure or refusal of the defendant to comply with the terms and conditions upon which service of a sentence was suspended. Service of all or any part of any sentence suspended upon such conditions may be ordered to commence by the trial court any time before the expiration of one year from the date of the sentence after a hearing and a finding by the court that the defendant has failed or refused to comply with the terms and conditions upon which service of the sentence was suspended.
Amended by 2003 Ga. Laws 168, § 1, eff. 7/1/2003.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 4 - VIOLATION OF ORDINANCES OF COUNTIES AND STATE AUTHORITIES (§§ 15-10-60 — 15-10-66) › Section 15-10-61 - No right to trial by jury; right of removal to state or superior court

There shall be no jury trials in the magistrate court. Any defendant who is charged with one or more ordinance violations may, at any time before trial, demand that the case be removed for a jury trial to the state court of the county or to the superior court of the county if there is no state court. Such a demand shall be written. Upon such a 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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 4 - VIOLATION OF ORDINANCES OF COUNTIES AND STATE AUTHORITIES (§§ 15-10-60 — 15-10-66) › Section 15-10-62 - Prosecution upon citation or accusation; service; arrest

(a)
Prosecutions for violations of county ordinances shall be upon citation as provided in Code Section
15-10-63
or upon accusation by the county attorney or such other attorney as the county governing authority may designate. Prosecutions for violations of ordinances of state authorities shall be upon citation as provided in Code Section
15-10-63
or upon accusation by such attorney as the state authority may designate. Such attorney shall be the prosecuting attorney in cases tried upon accusation.
(b)
Except as provided in subsection (c) of this Code section, citations for or accusations of violations of ordinances shall be personally served upon the person accused. Each accusation or citation shall state the time and place at which the accused is to appear for trial. The accused shall not be arrested prior to the time of trial, except for the offenses of public drunkenness or disorderly conduct and except that ordinances of state authorities may provide for immediate arrest; provided, however, that the accused may be arrested prior to the time of trial for the violation of a county ordinance relating to loitering; and provided, further, that except as provided in subsection (c) of this Code section, any accused who fails to appear for trial shall thereafter be arrested on the warrant of the magistrate and required to post a bond for his or her future appearance.
(c)
(1)
When provided by local law, a citation for or accusation of a violation of an ordinance concerning the condition of real property may be served by:
(A)
Posting a copy of it on the door of the premises where the alleged violation occurred;
(B)
Mailing a copy of it by registered or certified mail or statutory overnight delivery to the owner of such premises at the address of record maintained by the applicable tax commissioner. The certificate of mailing to the accused shall constitute prima-facie evidence of compliance with this subparagraph; and
(C)
Filing a copy of it with the clerk of magistrate court.
(2)
Service under paragraph (1) of this subsection shall not be authorized until there has been at least one attempt at personal service on the accused at the address of record of the accused as maintained by the applicable tax commissioner or of the accused's registered agent as maintained by the Secretary of State, provided that such attempt at personal service shall only be required if the accused resides or has a registered agent in this state.
(3)
When service is perfected as provided in paragraph (1) of this subsection and the accused fails to appear for trial, an in rem judgment and lien against the real property shall be the exclusive penalty.
Amended by 2016 Ga. Laws 569,§ 1, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 4 - VIOLATION OF ORDINANCES OF COUNTIES AND STATE AUTHORITIES (§§ 15-10-60 — 15-10-66) › Section 15-10-63 - Use of citations; arrests

(a)
The governing authority of any county or any state authority may provide that ordinance violations may be tried upon citations with or without a prosecuting attorney as well as upon accusations.
(b)
Each citation shall state the time and place at which the accused is to appear for trial, shall identify the offense with which the accused is charged, shall have an identifying number by which it shall be filed with the court, shall indicate the identity of the accused and the date of service, and shall be signed by the county or authority agent who completes and serves it.
(c)
Prosecutions for violations of ordinances upon citations shall be commenced by the completion, signing, and service of a citation by any agent of the county who is authorized by the county governing authority to issue citations or by an agent of the state authority who is authorized by the authority to issue citations. Except as provided in subsection (c) of Code Section
15-10-62
, a copy of the citation shall be personally served upon the accused; and the original shall promptly be filed with the court.
(d)
No person shall be arrested prior to the time of trial, except for the offenses of public drunkenness or disorderly conduct or as authorized by ordinance of a state authority; provided, however, that the accused may be arrested prior to the time of trial for the violation of a county ordinance relating to loitering; and provided, further, that any defendant who fails to appear for trial shall be arrested thereafter on the warrant of the magistrate and required to post a bond for his or her future appearance.
Amended by 2016 Ga. Laws 569,§ 2, eff. 7/1/2016.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 4 - VIOLATION OF ORDINANCES OF COUNTIES AND STATE AUTHORITIES (§§ 15-10-60 — 15-10-66) › Section 15-10-63.1 - Cash bonds

(a)
The chief magistrate of each county may by written order establish a schedule of cash bonds for the personal appearance in court of any person charged with a violation of an ordinance. The chief magistrate shall designate the officer or officers authorized to accept cash bonds pursuant to the schedule of bonds published by the court. In no event shall any officer or agent who is authorized to issue citations be authorized to accept a cash bond at the time of or in conjunction with the issuance of any citation. The officer accepting a cash bond shall issue a receipt for the bond to the person charged with the violation.
(b)
Any person who is accused by citation but has not been arrested may, but shall not be required to, give a cash bond for his personal appearance in court for trial. If a person who has given a cash bond fails to appear for trial, the failure to appear shall be deemed to constitute a guilty plea and such cash bond shall be forfeited upon the call of the case for trial. It shall not be necessary for the county to take any further action to forfeit the cash bond. Forfeiture of a cash bond shall be deemed to constitute imposition and payment of a fine and shall be a bar to a subsequent prosecution of the accused for the violation. The court may, however, in any case enter an order pursuant to which bond forfeiture shall not be deemed to constitute imposition of a sentence and subsequent prosecution shall not be barred; and in any such case the amount of the bond forfeited shall be credited against any fine subsequently imposed.
(c)
It shall be the duty of the clerk of magistrate court to furnish the officer or officers authorized under the order with a book of blank receipts consecutively numbered in triplicate and readily distinguishable and identifiable. The receipts shall be completed by the officers when accepting a cash bond so as to show the name of the person cited or arrested, the date of citation or arrest, nature of the offense, amount of cash bond given, and the name of the receiving officer. The receiving officer shall deliver a copy of the receipt to the person cited or arrested at the time the cash bond is given and shall file the original together with the cash bond with the clerk of the magistrate court not later than the next succeeding business day following the date of issuance of the receipt.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 4 - VIOLATION OF ORDINANCES OF COUNTIES AND STATE AUTHORITIES (§§ 15-10-60 — 15-10-66) › Section 15-10-64 - Execution upon unpaid fines; sheriff to receive sentenced persons

(a)
Execution may issue immediately upon any fine imposed by the court and not immediately paid.
(b)
The sheriff of the county shall receive and house all persons sentenced to confinement for contempt or arrested or sentenced to confinement for violation of ordinances.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 4 - VIOLATION OF ORDINANCES OF COUNTIES AND STATE AUTHORITIES (§§ 15-10-60 — 15-10-66) › Section 15-10-65 - Petition for review to superior court

Review of convictions shall be by petition for review to the superior court.
Amended by 2022 Ga. Laws 875,§ 2-10, eff. 7/1/2023, app. to petitions for review filed in superior or state court on or after such date.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 4 - VIOLATION OF ORDINANCES OF COUNTIES AND STATE AUTHORITIES (§§ 15-10-60 — 15-10-66) › Section 15-10-66 - Prosecuting attorney

The county attorney or another attorney designated by the county governing authority may act as prosecuting attorney for violations of county ordinances; and any attorney designated by the affected state authority may act as prosecuting attorney for violation of state authority ordinances.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 5 - FEES AND COSTS (§§ 15-10-80 — 15-10-87) › Section 15-10-80 - Filing fee; service of process costs; writ of fieri facias fee; costs taxed to losing party

(a)
Upon filing any civil action the plaintiff shall pay a filing deposit as established by local court rule not to exceed $22.00 which shall cover all costs of the action except service of process.
(b)
Upon filing any civil action the plaintiff shall pay the actual cost of serving each party required to be served but not more than the amount of the fee charged by sheriffs for serving process for each party to be served.
(c)
For issuing a writ of fieri facias the fee charged shall be $4.00 which shall be paid by the person requesting the same. Such fee shall be charged and collected contemporaneously with or prior to the issuance of the writ of fieri facias but not before the entry of judgment in the action.
(d)
As between the parties, costs shall be taxed against the losing party.
Amended by 2010 Ga. Laws 360,§ 1-40, eff. 5/12/2010.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 5 - FEES AND COSTS (§§ 15-10-80 — 15-10-87) › Section 15-10-81 - Costs upon conviction of violation of ordinance

In cases of conviction of violation of county ordinances, costs of not more than $70.00 may be taxed against the defendant.
Amended by 2010 Ga. Laws 360,§ 1-41, eff. 5/12/2010.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 5 - FEES AND COSTS (§§ 15-10-80 — 15-10-87) › Section 15-10-82 - Hearing fee on application for search or arrest warrant or deposit account fraud citation; no fee assessed against certain alleged victims

For hearing an application for an arrest or search warrant or deposit account fraud citation, the fee charged shall not exceed $20.00, but this fee may be waived by the issuing magistrate if he or she finds that because of the financial circumstances of the party applying for the warrant or citation or for other reasons this fee should not be charged in justice, provided that no fee shall be assessed against the alleged victim of a violation of Code Section
16-5-90
,
16-5-91
,
16-6-1
,
16-6-2
,
16-6-3
,
16-6-4
,
16-6-5.1
,
16-6-22.1
, or
16-6-22.2
or against the alleged victim of any domestic violence offense for costs associated with the filing of criminal charges against the stalking offender, sexual offender, or domestic violence offender or for the issuance or service of a warrant, protective order, or witness subpoena arising from the incident of stalking, sexual assault, or domestic violence.
Amended by 2010 Ga. Laws 360,§ 1-42, eff. 5/12/2010.
Amended by 2001 Ga. Laws 283, § 4, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 5 - FEES AND COSTS (§§ 15-10-80 — 15-10-87) › Section 15-10-83 - Constables' fees for levies and judicial sales

For levying on executions and conducting judicial sales constables shall collect the same fees as are charged by sheriffs.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 5 - FEES AND COSTS (§§ 15-10-80 — 15-10-87) › Section 15-10-84 - Fee for administering oath

For administering any oath other than in connection with a matter before the court, a magistrate shall collect a fee of $1.00.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 5 - FEES AND COSTS (§§ 15-10-80 — 15-10-87) › Section 15-10-85 - Fees and costs to be deposited into county treasury

All fees, costs, and other funds collected by officers of the magistrate court shall be accounted for and paid into the county treasury not less often than once a month.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 5 - FEES AND COSTS (§§ 15-10-80 — 15-10-87) › Section 15-10-86 - Law library fees

Law library fees shall not be charged unless otherwise provided by local law.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 5 - FEES AND COSTS (§§ 15-10-80 — 15-10-87) › Section 15-10-87 - Transfer of filing fee upon transfer of case to state or superior court; failure to transmit fee

(a)
When any case is transferred from the magistrate court to the state court or superior court, the magistrate court shall transmit to the state court clerk or superior court clerk the filing fee paid to the magistrate court. The state court clerk or superior court clerk shall file the case without further deposit against costs or filing fee, but as between the parties the costs shall be as in other cases in the state court or superior court. This subsection shall only apply to actions filed on or before June 30, 2012.
(b)
When any case is transferred from the magistrate court to the state court or superior court, the magistrate court shall transmit to the state court clerk or superior court clerk the filing fee paid to the magistrate court. The state court clerk or superior court clerk shall file the case without further deposit against costs or filing fee; provided, however, that all costs and filing fees shall be paid by the parties within 30 days. Failure to pay such costs and filing fees shall result in a dismissal of the transferred case unless there is good cause shown. The magistrate court clerk shall transmit to the clerk of the state court or superior court a certified copy of the contents of the entire file for the case being transferred. This subsection shall only apply to actions filed on or after July 1, 2012.
Amended by 2012 Ga. Laws 599,§ I-1-28, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 6 - CONSTABLES, CLERK, AND OTHER COURT PERSONNEL (§§ 15-10-100 — 15-10-106) › Section 15-10-100 - Appointment of constables; compensation; chief constable

(a)
Unless otherwise provided by local law, the county governing authority may provide for the appointment of constables by the chief magistrate. Constables so appointed shall serve at the pleasure of the chief magistrate. The compensation of constables so appointed shall be fixed by the county governing authority.
(b)
If no provision is made for the appointment of constables the sheriff and his deputies shall perform the duties of constables.
(c)
The General Assembly may by local law provide for the appointment of constables and their salaries.
(c.1)
(1)
In addition to the alternatives provided in subsections (a), (b), and (c) of this Code section, the governing authority of a county may employ marshals to perform the duties of constables.
(2)
No person employed or appointed as a marshal pursuant to paragraph (1) of this subsection shall exercise any of the powers or authority which are by law vested in the office of sheriff or any other peace officer, including the power of arrest, except as may be authorized by law.
(3)
Any person employed or appointed as a marshal pursuant to paragraph (1) of this subsection shall meet the requirements of Chapter 8 of Title 35.
(d)
All constables shall be compensated solely on a salary basis and not in whole or in part from fees; and their salaries shall be paid in equal monthly installments from county funds.
(e)
If there is more than one constable, one shall be appointed as chief constable and shall supervise the other constables.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 6 - CONSTABLES, CLERK, AND OTHER COURT PERSONNEL (§§ 15-10-100 — 15-10-106) › Section 15-10-101 - Eligibility of constables

(a)
Each constable taking office on or after July 1, 2023, shall:
(1)
Be at least 21 years of age;
(2)
Be a citizen of the United States;
(3)
Be a registered voter; and
(4)
Have obtained a state accredited high school diploma or general educational development (GED) diploma.
(b)
Additional qualifications for the office of chief constable or constable or both may be imposed by local law.
Amended by 2024 Ga. Laws 574,§ 1, eff. 7/1/2024.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 6 - CONSTABLES, CLERK, AND OTHER COURT PERSONNEL (§§ 15-10-100 — 15-10-106) › Section 15-10-102 - Powers and duties of constables

The powers and duties of constables include the following:
(1)
To attend regularly all sessions of magistrate court;
(2)
To pay promptly over money collected by them to the magistrate court;
(3)
To execute and return all warrants, summonses, executions, and other processes directed to them by the magistrate court; and
(4)
To perform such other duties as are required of them by law or as necessarily appertain to their offices.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 6 - CONSTABLES, CLERK, AND OTHER COURT PERSONNEL (§§ 15-10-100 — 15-10-106) › Section 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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 6 - CONSTABLES, CLERK, AND OTHER COURT PERSONNEL (§§ 15-10-100 — 15-10-106) › Section 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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 6 - CONSTABLES, CLERK, AND OTHER COURT PERSONNEL (§§ 15-10-100 — 15-10-106) › Section 15-10-105 - Selection of clerk; compensation; eligibility

(a)
The General Assembly may provide by local law for the superior court clerk or state court clerk to serve as clerk of magistrate court or for the selection of some other person as the clerk of magistrate court and for the compensation of the clerk of magistrate court. In the absence of local law, the selection and compensation of the clerk of magistrate court shall be as provided by subsections (b), (c), and (d) of this Code section.
(b)
With the consent of the clerk of superior court, the county governing authority may provide that the clerk of superior court shall serve as clerk of magistrate court and shall be compensated for his or her service as clerk of magistrate court in an amount not less than $393.66 per month. With the consent of the clerk of the superior court and clerk of the state court, the county governing authority may provide that the state court clerk shall serve as clerk of magistrate court and shall be compensated for his or her service as clerk of magistrate court in an amount not less than $393.66 per month. Such compensation shall be retained by the clerk of superior court as his or her personal funds without regard to whether he or she is otherwise compensated on a fee basis or salary basis or both.
(c)
If the clerk of superior court or the clerk of state court does not serve as clerk of magistrate court, then the county governing authority may provide for the appointment by the chief magistrate of a clerk to serve at the pleasure of the chief magistrate. A clerk of magistrate court so appointed shall be compensated in an amount fixed by the county governing authority at not less than $393.66 per month.
(d)
If there is no clerk of magistrate court, the chief magistrate or some other magistrate appointed by the chief magistrate shall perform the duties of clerk. A chief magistrate performing the duties of clerk, or another magistrate appointed by the chief magistrate to perform the duties of clerk, shall receive, in addition to any other compensation to which he or she is entitled, compensation for performing the duties of clerk, the amount of which compensation shall be fixed by the county governing authority at not less than $393.66 per month.
(e)
The compensation of the clerk or magistrate performing the duties of clerk shall be paid in equal monthly installments from county funds.
(f)
The clerk shall be required to be at least 18 years of age and shall possess a high school diploma or its equivalent. The clerk shall not be subject to a residency requirement.
(g)
In any case any magistrate may perform any duty to be performed by the clerk.
Amended by 2021 Ga. Laws 198,§ 2, eff. 5/4/2021.
Amended by 2020 Ga. Laws 521,§ 15, eff. 7/29/2020.
Amended by 2006 Ga. Laws 649,§ 7, eff. 7/1/2006.
Amended by 2001 Ga. Laws 291, § 10, eff. 1/1/2002.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 6 - CONSTABLES, CLERK, AND OTHER COURT PERSONNEL (§§ 15-10-100 — 15-10-106) › Section 15-10-105.1 - Powers and duties of clerk

(a)
The duties of the clerk shall be as assigned by the chief magistrate.
(b)
The authority of the clerk of magistrate court shall include the power:
(1)
To administer oaths and take affidavits in all cases permitted by law or where such authority is not confined to some other officer;
(2)
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
(3)
To advertise under the same rules and restrictions as apply to sheriffs.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 6 - CONSTABLES, CLERK, AND OTHER COURT PERSONNEL (§§ 15-10-100 — 15-10-106) › Section 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
Amended by 2015 Ga. Laws 9,§ 15, eff. 3/13/2015.
Added by 2001 Ga. Laws 291, § 11, eff. 1/1/2002.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 6 - CONSTABLES, CLERK, AND OTHER COURT PERSONNEL (§§ 15-10-100 — 15-10-106) › Section 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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 7 - TRANSITIONAL PROVISIONS (§§ 15-10-120 — 15-10-123) › Section 15-10-120 - [Reserved] Certain officials to become magistrates; term of office

Amended by 2019 Ga. Laws 227,§ 4, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 7 - TRANSITIONAL PROVISIONS (§§ 15-10-120 — 15-10-123) › Section 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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 7 - TRANSITIONAL PROVISIONS (§§ 15-10-120 — 15-10-123) › Section 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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 7 - TRANSITIONAL PROVISIONS (§§ 15-10-120 — 15-10-123) › Section 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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 8 - MAGISTRATE TRAINING (§§ 15-10-130 — 15-10-137) › Section 15-10-130 - Short title

This article shall be known and may be cited as "The Georgia Magistrate Courts Training Council Act."
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 8 - MAGISTRATE TRAINING (§§ 15-10-130 — 15-10-137) › Section 15-10-131 - Definitions

As used in this article, the term:
(1)
"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
.
(2)
"Council" means the Georgia Magistrate Courts Training Council.
(3)
"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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 8 - MAGISTRATE TRAINING (§§ 15-10-130 — 15-10-137) › Section 15-10-132 - Creation of Georgia Magistrate Courts Training Council

(a)
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.
(b)
Membership on the council does not constitute public office and no member shall be disqualified from holding office by reason of his membership.
(c)
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.
Amended by 2011 Ga. Laws 172,§ 1, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 8 - MAGISTRATE TRAINING (§§ 15-10-130 — 15-10-137) › Section 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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 8 - MAGISTRATE TRAINING (§§ 15-10-130 — 15-10-137) › Section 15-10-134 - Officers; quorum; minutes; annual report

(a)
A chairman and vice chairman shall be elected at the first meeting of each calendar year.
(b)
The director of the Administrative Office of the Courts or his designee shall serve as secretary to the council.
(c)
A simple majority of the members of the council shall constitute a quorum for the transaction of business.
(d)
The council shall maintain minutes of its meetings and such other records as it deems necessary.
(e)
The council shall report at least annually to the Governor and to the General Assembly as to its activities.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 8 - MAGISTRATE TRAINING (§§ 15-10-130 — 15-10-137) › Section 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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 8 - MAGISTRATE TRAINING (§§ 15-10-130 — 15-10-137) › Section 15-10-136 - Powers and duties

The council shall be vested with the following functions, powers, and responsibilities:
(1)
To make all the necessary rules and regulations to carry out this article;
(2)
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;
(3)
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;
(4)
To approve schools and to prescribe minimum qualifications for instructors at approved schools;
(5)
To issue a certification to any magistrate judge satisfactorily complying with an approved training program established;
(6)
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
(7)
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.
Amended by 2011 Ga. Laws 172,§ 2, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 8 - MAGISTRATE TRAINING (§§ 15-10-130 — 15-10-137) › Section 15-10-137 - Training requirements of certified magistrates

(a)
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.
(b)
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.
(c)
(1)
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.
(2)
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.
(d)
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.
Amended by 2011 Ga. Laws 172,§ 3, eff. 7/1/2011.
Amended by 2009 Ga. Laws 110,§ 2, eff. 5/4/2009.
Amended by 2002 Ga. Laws 897, § 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 9 - MAGISTRATE COURT SERVING AS MUNICIPAL COURT (§§ 15-10-150 — 15-10-155) › Section 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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 9 - MAGISTRATE COURT SERVING AS MUNICIPAL COURT (§§ 15-10-150 — 15-10-155) › Section 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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 9 - MAGISTRATE COURT SERVING AS MUNICIPAL COURT (§§ 15-10-150 — 15-10-155) › Section 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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 9 - MAGISTRATE COURT SERVING AS MUNICIPAL COURT (§§ 15-10-150 — 15-10-155) › Section 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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 9 - MAGISTRATE COURT SERVING AS MUNICIPAL COURT (§§ 15-10-150 — 15-10-155) › Section 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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 9 - MAGISTRATE COURT SERVING AS MUNICIPAL COURT (§§ 15-10-150 — 15-10-155) › Section 15-10-155 - Exceptions

(a)
Except as provided in subsection (b) of this Code section, the authority granted to municipalities by this article shall not apply to:
(1)
A municipality whose charter does not authorize a municipal court;
(2)
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
(3)
A municipality whose charter expressly provides that the municipality shall not have the authority granted by this article.
(b)
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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 10 - DEPOSIT ACCOUNT FRAUD PROSECUTIONS (§§ 15-10-200 — 15-10-203) › Section 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
.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 10 - DEPOSIT ACCOUNT FRAUD PROSECUTIONS (§§ 15-10-200 — 15-10-203) › Section 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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 10 - DEPOSIT ACCOUNT FRAUD PROSECUTIONS (§§ 15-10-200 — 15-10-203) › Section 15-10-202 - Procedure

(a)
Prosecution for a misdemeanor violation of Code Section
16-9-20
may proceed by arrest, as provided in Chapter 4 of Title 17, and an accusation, as provided in Code Section
17-7-71
, or by citation.
(b)
Each citation shall be based upon an affidavit as in the issuance of an arrest warrant and said citation shall state the time and place at which the accused is to appear for trial, shall identify the offense with which the accused is charged, shall have an identifying number by which it shall be filed with the court, shall indicate the identity of the accused and the date of service, and shall be signed by a judge or clerk of the magistrate court.
(c)
Prosecutions upon citations shall be commenced by the completion and signing of the citation by a judge or clerk of the magistrate court and service of the citation by a law enforcement officer. A copy of the citation shall be personally served upon the accused and the original shall promptly be filed with the court.
(d)
If the prosecution is proceeding upon citation, the accused shall not be arrested prior to the time of trial; but any defendant who fails to appear for trial shall be arrested thereafter on the warrant of a judge of the magistrate court and required to post a bond for his future appearance. If the accused demands removal of the case to the state or superior court, the magistrate court may require that the accused post a bond for his future appearance in the state or superior court.
(e)
The prosecuting attorney of the court in which the case would have been tried if a demand for removal had been made shall be responsible for the prosecution of the case in the magistrate court.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 11 - SENIOR MAGISTRATES (§§ 15-10-220 — 15-10-223) › Section 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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 11 - SENIOR MAGISTRATES (§§ 15-10-220 — 15-10-223) › Section 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.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 11 - SENIOR MAGISTRATES (§§ 15-10-220 — 15-10-223) › Section 15-10-222 - Oath of office

Before entering on the duties of his or her office, a senior magistrate shall subscribe before the judge of the probate court in which he or she is first appointed the oath prescribed in Code Section
45-3-1
and the following oath:
"I swear or affirm that I will duly and faithfully perform all the duties required of me as senior magistrate and that I will support the Constitution of the United States and the Constitution of Georgia."
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 10 - MAGISTRATE COURTS (§§ 15-10-1 — 15-10-263) › Article 11 - SENIOR MAGISTRATES (§§ 15-10-220 — 15-10-223) › Section 15-10-223 - Training

In order to maintain the status of senior magistrate, a senior magistrate shall complete the hours of training as required by the Georgia Magistrate Courts Training Council as provided for in subsection (c) of Code Section
15-10-137
in each calendar year in which he or she serves as a senior magistrate.
Amended by 2011 Ga. Laws 172,§ 4, eff. 7/1/2011.