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2018 Georgia Code 15-10-61 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-10-61 Case Law from Google Scholar Amendments to OCGA 15-10-61

TITLE 15 COURTS

Section 10. Magistrate Courts, 15-10-1 through 15-10-263.

ARTICLE 4 VIOLATION OF ORDINANCES OF COUNTIES AND STATE AUTHORITIES

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.

(Code 1981, §15-10-61, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1987, p. 448, § 2.)

Cross references.

- Transfers and changes of venue in magistrate court proceedings, Uniform Rules for the Magistrate Courts, Rule 36.

JUDICIAL DECISIONS

O.C.G.A. § 15-10-61 was not a general law which provided for removal to state court for jury trial, and the local law governing the county recorder's court did not violate the constitutional prohibition against local laws on the same subject as general laws. Smith v. Greene, 274 Ga. 815, 559 S.E.2d 726 (2002).

Transfer to another court.

- Because defendant's case for violation of various municipal ordinances for operating a sexually oriented business without a license arose in municipal court, not magistrate court, the defendant was not entitled to have the charges against the defendant bound over to state court and the defendant's constitutional issues were not preserved for appeal. Focus Entm't Int'l, Inc. v. Bailey, 256 Ga. App. 283, 568 S.E.2d 183 (2002).

Cited in Avant v. Douglas County, 253 Ga. 225, 319 S.E.2d 442 (1984); Haygood v. State, 221 Ga. App. 477, 471 S.E.2d 552 (1996).

Cases Citing O.C.G.A. § 15-10-61

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Smith v. Greene, 559 S.E.2d 726 (Ga. 2002).

Cited 4 times | Published | Supreme Court of Georgia | Feb 4, 2002 | 274 Ga. 815, 2002 Fulton County D. Rep. 353

...On November 15, 2000, Grady Smith was charged with violations of the Development Regulations of Gwinnett County for grading without permits, "filling right of way," and "filling lake." On November 30, 2000, Smith filed a demand for jury trial pursuant to OCGA § 15-10-61 [1] in the Recorder's Court *727 of Gwinnett County....
...It was given jurisdiction to hear and determine, inter alia, "cases involving violations of the ordinances of Gwinnett County." Ga. L.1972, p. 3126, § 2. Smith argues that Article 4 of Title 15, OCGA § 15-10-60 et seq., applicable to magistrate courts, and specifically, OCGA § 15-10-61, which provides for removal for jury trial to state court upon timely demand, applies to his situation because it is a general law governing cases of alleged violations of county ordinances, and that anything contrary in the local law establishing the Recorder's Court of Gwinnett County is violative of the 1983 Ga....
...IV, which prohibits the enactment of a local or special law in any case for which provision has been made by an existing general law. But Smith's argument is built upon the faulty premise that OCGA § 15-10-60 et seq. applies to the recorder's court. It does not. The plain language of Article 4, and OCGA § 15-10-61 in particular, addresses itself to magistrate courts....
...And the Recorder's Court of Gwinnett County simply is not a magistrate court. See OCGA § 15-10-1 et seq. What is more, the local act establishing the recorder's court predates the act establishing a state-wide system of magistrate courts. See Ga. L.1983, p. 884 et seq. [6] Accordingly, OCGA § 15-10-61 is not a general law which provides for removal to state court for jury trial, and the local law governing the Recorder's Court of Gwinnett County does not violate the constitutional prohibition against local laws on the same subject as general laws....
...County v. City of E. Ellijay, 272 Ga. 774, 776(1), 533 S.E.2d 715 (2000), quoting Gwinnett County v. Ehler Enterprises, 270 Ga. 570, 512 S.E.2d 239 (1999). Smith fails to carry that burden. Judgment affirmed. All the Justices concur. NOTES [1] OCGA § 15-10-61 provides: "There shall be no jury trials in the magistrate court....
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Avant v. Douglas Cnty., 319 S.E.2d 442 (Ga. 1984).

Cited 4 times | Published | Supreme Court of Georgia | Sep 5, 1984 | 253 Ga. 225

...If two such actions are commenced simultaneously, the defendant may require the plaintiff to elect which he will prosecute. If two such actions are commenced at different times, the pendency of the former shall be a good defense to the latter." [3] Pursuant to OCGA § 15-10-61, the municipal court proceeding has been removed to superior court as a result of the Avants' demand for jury trial....