O.C.G.A.

O.C.G.A. § 15-7-85 (2019)

Limitations on authority granted to municipalities

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
Find cases: SyfertCases citing this section GA-LEGlegis.ga.gov (official) JustiaJustia CornellLII Search CasesGoogle Scholar

(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 state court in existence on that date.

History

Code 1981, § 15-7-85, enacted by Ga. L. 1992, p. 1161, § 1.

CHAPTER 8 CITY COURTS Sec.

City courts as courts of record. Judge ineligible for municipal office or appointment. When judges of city courts may preside in other city courts. Transfer of criminal case to superior court upon city court judge’s disqualification.

Annotations

Cross references. - Corporate, police, recorders’, and mayors’ courts, § 36-32-1 et seq.

Law reviews. - For article, ‘‘The City Court of Atlanta and the 1983 Georgia Constitution: Is the Judicial Engine Souped Up or Blown Up?,’’ see 15 Ga. St.

Sec.

Deputy clerks; appointment; powers and duties. Authorization of judge of city court or like court to preside in municipal court in cities with population of 350,000 or more.

U.L. Rev. 941 (1999). For annual survey article, ‘‘ ‘Garbage In, Garbage Out’: The Litigation Implosion Over the Unconstitutional Organization and Jurisdiction of the City Court of Atlanta,’’ see 52 Mercer L. Rev. 49 (2000).