O.C.G.A.
O.C.G.A.

O.C.G.A. § 36-32-3 (2019)

Powers of judges

✓ 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

All judges of all municipal courts in this state shall have and are given the same powers and authorities as magistrates in the matter of and pertaining to criminal cases of whatever nature in the several courts of this state.

History

Ga. L. 1935, p. 458, § 1; Ga. L. 1983, p. 884, § 3-26; Ga. L. 1987, p. 3, § 36.

Annotations

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Ga. L. 1880-81, p. 176, are included in the annotations for this Code section. Officers ex officio justice. - Recorder is ex officio a justice of the peace (now magistrate) for the purpose of committing the defendant for state offenses disclosed in investigations made in the police court. Smith v. City of Atlanta, 5 Ga. App. 492, 63 S.E. 569 (1909) (decided under Ga. L. 1880-81, p. 176).

Cited in Savannah News-Press, Inc. v. Harley, 100 Ga. App. 387, 111 S.E.2d 259 (1959); Hall v. State, 113 Ga. App. 587, 149 S.E.2d 175 (1966); Pass v. State, 227 Ga. 730, 182 S.E.2d 779 (1971); Richards v. State, 131 Ga. App. 362, 206 S.E.2d 93 (1974); Branch v. State, 248 Ga. 300, 282 S.E.2d 894 (1981); Focus Entm’t Int’l, Inc. v. Bailey, 256 Ga. App. 283, 568 S.E.2d 183 (2002).

OPINIONS OF THE ATTORNEY GENERAL Mayor of a city has no right to try a case involving a state offense, when the defendant is caught within the city limits, in a county which has a superior court but does not have a city court. 1958-59 Op. Att’y Gen. p. 216. Power to issue arrest warrants. - Un-

der former Code 1933, § 27-102 (see now O.C.G.A. § 17-4-40), the power of ex officio justices of the peace (now magistrates) includes the authority to issue warrants for the arrest of offenders against the penal laws of this state. 1960-61 Op. Att’y Gen. p. 96.

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 1988–2023 · leading case: Head v. State, 375 S.E.2d 46 (Ga. Ct. App. 1988).
Sort: Relevance Newest Treatment
Head v. State, 375 S.E.2d 46 (Ga. Ct. App. 1988). · cites it 4× “OCGA §§ 36-32-3; 15-10-41 (a); and 40-6-391 (d) (1).”
Focus Ent. Int'l, Inc. v. Bailey, 568 S.E.2d 183 (Ga. Ct. App. 2002). · cites it 2× “It contended that, under OCGA § 36-32-3, a municipal court judge has “the same powers and authorities as magistrates in the matter of and pertaining to criminal cases of whatever nature in the several courts of this state.”
Deaunte Paris v. City of Atlanta (Ga. Ct. App. 2023). · cites it 4× “3 It further relied on OCGA § 36-32-3 which provides that “[a]ll judges of all municipal 2 “The prosecuting attorney of a municipal court shall have the authority to .”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.