Jurisdiction over certain cases involving litter

(a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the magistrate courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any provision of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section 32-6-51 or 40-6-248.1 that is punishable for its violation as a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations. (b) A magistrate court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if reasonable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled. History. — Code 1981, § 15-10-2.1, enacted by Ga. L. 2006, p. 275, § 3-6/HB 1320. Editor’s notes. — This Code section was based on Code 1981, § 15-10-2.1, enacted by Ga. L. 1983, p. 884, § 2-1. The Code section continued, until July 1, 1985, the jurisdiction of those magistrate courts which as of June 30, 1983, had jurisdiction over misdemeanor cases and over enforcement of municipal ordinances. Subsection (b) of the Code section provided for its repeal effective July 1, 1985, but provided that any case in which a court assumed jurisdiction under the Code section prior to July 1, 1985, may be retained for disposition by that court after that date. Ga. L. 1985, p. 352, § 1, repealed former Code Section 15-10-2.1, pertaining to continuation of certain existing magistrate courts. The former Code section was based on Code 1981, § 15-10-2.1, enacted by Ga. L. 1983, p. 884, § 2-1. Ga. L. 2006, p. 275, § 5-1/HB 1320, not codified by the General Assembly, provides that the Act shall become effective 520 15-10-2.1 MAGISTRATE COURTS April 21, 2006, for purposes of adopting local ordinances to become effective on or after July 1, 2006. Ga. L. 2006, p. 275, § 1-1/HB 1320, not 15-10-4 codified by the General Assembly, provides that: ‘‘This Act shall be known and may be cited as the ‘Comprehensive Litter Prevention and Abatement Act of 2006.’’’ 15-10-3. Oath and commission of magistrate, constable, and clerk. (a) All magistrates, constables, and clerks of magistrate court shall before entering on the duties of their offices subscribe before the judge of the probate court the oaths prescribed by Code Sections 45-3-1 and 45-3-13 and the following oath: ‘‘I swear or affirm that I will duly and faithfully perform all the duties required of me as (magistrate, constable, or clerk of magistrate court) of County.’’ (b)(1) The clerk of superior court shall make an entry of the oath of each officer on the minutes of the superior court. (2) In the case of constables and clerks, the chief judge of the superior court shall issue to the officer taking the oath a certificate which shall serve as the officer’s commission. (3) All magistrates shall be issued a commission under the seal of the office of the Governor as provided in Code Section 45-3-31. In the case of magistrates or an appointed chief magistrate, the appointing authority shall issue to the magistrate or chief magistrate taking the oath a certificate of appointment. A copy of such certificate shall be forwarded to the office of the Secretary of State. (c) In the case of a probate judge serving as a magistrate, a clerk of superior court serving as clerk of magistrate court, or a sheriff or sheriff’s deputy serving as constable, no oath, certificate, or commission shall be required except the oath and commission of the probate judge as probate judge, clerk of superior court as clerk of superior court, or sheriff or deputy as such. History. — Code 1981, § 15-10-3, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1984, p. 1096, § 1; Ga. L. 1987, p. 398, § 1. 15-10-4. Sessions of court.