Mandatory training of municipal judges

(a) Any person who becomes a municipal judge on or after January 1, 1991, shall satisfactorily complete 20 hours of training in the performance of his or her duties within one year after the date of his or her election or appointment in order to become certified under this article. Any person serving as a municipal judge prior to January 1, 1991, shall be exempt from completing these 20 hours of training. (b) Except as provided in subsection (d) of this Code section, any person who becomes a judge of a court exercising municipal court jurisdiction on or after July 1, 2012, who is not subject to subsection (a) of this Code section, shall satisfactorily complete 20 hours of training in the performance of his or her duties within one year after the date of his or her election or appointment in order to become certified under this article. Any person serving as a judge of a court exercising municipal court jurisdiction prior to July 1, 2012, who is not subject to subsection (a) of this Code section, shall be exempt from completing these 20 hours of training. (c) Except as provided in subsection (d) of this Code section, in order to maintain the status of a certified municipal judge or a certified judge of a court exercising municipal court jurisdiction, he or she shall complete 12 hours of additional training per annum during each calendar year after the year of his or her initial certification in which he or she serves as municipal judge or as judge of a court exercising municipal court jurisdiction. (d) This Code section shall not apply to any magistrate judge, probate judge, or any judge of a court of record who presides in a court exercising municipal court jurisdiction. 540 36-32-40 (e) If a municipal court judge completes training hours in excess of the number of hours required by this Code section in a calendar year, credit for such excess hours, not to exceed six hours, shall, upon the request of the municipal court judge, be carried over and applied to the number of hours required for the next calendar year. History. — Code 1981, § 36-32-27, enacted by Ga. L. 1990, p. 882, § 2; Ga. L. 2012, p. 1096, § 2/SB 351; Ga. L. 2019, p. 722, § 1/HB 92. The 2019 amendment, effective July 1, 2019, added subsection (e). ARTICLE 3 COUNCIL OF MUNICIPAL COURT JUDGES 36-32-40. Creation of council; membership and organization; purpose; expenses; contracts; assistance to council; members not ineligible to hold office of judge. (a) There is created a council of municipal court judges to be known as the ‘‘Council of Municipal Court Judges of Georgia.’’ The council shall be composed of the judges of the municipal courts of this state. The council is authorized to organize itself and to develop a constitution and bylaws. The officers of said council shall consist of a president, a first vice president, a second vice president, a secretary, a treasurer, and such other officers as the council shall deem necessary. The council shall have an executive committee composed of two representatives from each judicial administrative district. (b) It shall be the purpose of the council to effectuate the constitutional and statutory responsibilities conferred upon it by law, to further the improvement of the municipal courts and the administration of justice, to assist the judges of the municipal courts throughout the state in the execution of their duties, and to promote and assist in the training of such judges. (c) Expenses of the administration of the council shall be paid from state funds appropriated for that purpose, from federal funds available to the council for that purpose, or from private funds available to the council, and from other appropriate sources. (d) The council through its officers may contract with a person or firm including any member of the council for the production of educational material and compensate said member for producing such material, provided that funds are available to the council at the time of execution of the contract or will be available at the time of the completion of the contract and provided that the terms of the contract are disclosed to the full council and made available to the general public and news media. At the request of the council, the Administrative Office 541 36-32-41 of the Courts shall be authorized to act as the agent of the council for the purpose of supervising and implementing the contract. (e) The Administrative Office of the Courts shall provide technical services to the council and shall assist the council in complying with all its legal requirements. (f ) Notwithstanding any other law, a councilmember shall not be ineligible to hold the office of judge of a municipal court by virtue of his or her position as a member of the council and membership in the council shall not constitute the holding of a public office. History. — Code 1981, § 36-32-40, enacted by Ga. L. 1994, p. 1923, § 4; Ga. L. 2000, p. 136, § 36. 36-32-41. Savings plans and deferred compensation plans for council members. (a) The Council of Municipal Court Judges of Georgia is authorized to create and oversee savings plans and deferred compensation plans for its members in good standing. (b) Participation in such plans shall be optional for members of the council in good standing. (c) Such plans shall be funded solely by the individual contributions of the members of the council who choose to participate in the plan. (d) No money or other funds collected through a municipal court shall be used to fund such plans. (e) The creation and oversight of such plans by the council shall not create a debt or other financial obligation for this state or any political subdivision of this state. (f ) The creation and oversight of such plans by the council shall not create any fiduciary liability on the part of the council. History. — Code 1981, § 36-32-41, enacted by Ga. L. 2017, p. 470, § 1/HB 370. Effective date. — This Code section became effective July 1, 2017. 542 T.36, C.33 LIABILITY FOR ACTS OR OMISSIONS T.36, C.33 CHAPTER 33 LIABILITY OF MUNICIPAL CORPORATIONS FOR ACTS OR OMISSIONS Sec. 36-33-1. 36-33-2. 36-33-3. 36-33-4. Immunity from liability for damages; waiver of immunity by purchase of liability insurance; liability for acts or omissions generally. Liability for failure to perform discretionary act. Liability for torts of police or other officers. Personal liability of councilmembers and other municipal officers. Sec. 36-33-5. 36-33-6. Written demand prerequisite to action for injury to person or property; time for presenting claim and for consideration by governing authority; suspension of limitations; statement of specific amount of monetary damages sought; service of claim on city officials. Exemption of municipal property from levy and sale.