Title 15

Any contract entered into pursuant to this article shall provide that the county shall furnish municipal court services to the municipality through the officers, employees, and facilities of the magistrate court of the county. Any contract so entered into shall not become effecti…

When a contract entered into pursuant to this article has become effective, the judges of the magistrate court shall have full authority to act as judges of the municipal court of the municipality; and the other officers and personnel of the magistrate court shall have full autho…

When acting as officers of the municipal court all judges and other officers of the magistrate court shall be styled as judges and officers of the municipal court; and all pleadings, process, and papers of the municipal court shall be styled as such and not as pleadings, process,…

Any limitations upon the punishment which may be imposed for violations of municipal ordinances which are contained in the charter of the municipality shall continue to control in municipal courts operated under this article, and if no such limitation exists the maximum punishmen…

(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 o…

This article governs trials of misdemeanor violations of Code Section 16-9-20, relating to deposit account fraud, which violations shall be punishable as provided in subsection (b) of Code Section 16-9-20. History. — Code 1981, § 15-10-200, enacted by Ga. L. 1987, p. 1032, § 2; G…

There shall be no jury trials in the magistrate court. Any person charged with one or more misdemeanor violations of Code Section 16-9-20 may, at any time before trial, demand that the case be removed to the state court of the county or to the superior court of the county if ther…

(a) Prosecution for a misdemeanor violation of Code Section 16-9-20 may proceed by arrest, as provided in Chapter 4 of Title 17, and an accusation, as provided in Code Section 17-7-71, or by citation. (b) Each citation shall be based upon an affidavit as in the issuance of an arr…

(a) The chief magistrate of each county may by written order establish a schedule of no contest cash bonds which the accused may post when arrested or accused by warrant or citation pursuant to subsection (d) of Code Section 15-10-202. The schedule of no contest cash bond amounts…

There is created the office of senior magistrate. Subject to the approval of the governing authority, any chief magistrate of this state may appoint to the office of senior magistrate any retired chief magistrate, magistrate, or judge who prior to retirement served at least eight…

Upon the request of any chief magistrate of this state, a senior magistrate may discharge all of the duties of a magistrate and may assume and exercise all of the jurisdiction, power, and authority of a magistrate. History. — Code 1981, § 15-10-221, enacted by Ga. L. 1993, p. 910…

Before entering on the duties of his or her office, a senior magistrate shall subscribe before the judge of the probate court in which he or she is first appointed the oath prescribed in Code Section 45-3-1 and the following oath: ‘‘I swear or affirm that I will duly and faithfull…

In order to maintain the status of senior magistrate, a senior magistrate shall complete the hours of training as required by the Georgia Magistrate Courts Training Council as provided for in subsection (c) of Code Section 15-10-137 in each calendar year in which he or she serves…

When funds are paid into the court registry, the clerk shall deposit such funds in interest-bearing trust accounts, and the interest from those funds shall be remitted to the Georgia Superior Court Clerks’ Cooperative Authority in accordance with the provisions of subsections (c)…

(a) This article governs trials of misdemeanor violations of Code Sections 16-13-30, 16-13-2, 16-8-14, 16-8-14.1, 3-3-23, and 16-7-21. (b) Magistrate courts are authorized to conduct trials and impose sentences for violations of misdemeanors specified in subsection (a) of this Cod…

There shall be no jury trials in the magistrate court. A magistrate court shall not have the power to dispose of the misdemeanor offenses enumerated in subsection (a) of Code Section 15-10-260 unless the defendant shall first waive in writing a trial by jury. If the defendant does…

(a) Prosecution for misdemeanor violations authorized in this article may proceed by citation, summons, arrest, citation and arrest, or by arrest warrant as provided in Chapter 4 of Title 17, or by an accusation as provided in Code Section 17-7-71. (b) The solicitor-general of co…

Waiver of jury trial. Prosecutorial procedure. No contest cash bonds; other bonds. 2; Code 1863, §§ 408 — 411, 413 — 432, 434, 3623, 3995, 4036, 4038, 4040 — 4045, 4048 — 4051, 4053 — 4058, 4060, 4064, 4065, 4068, 4071 — 4078, 4081, 4083, 4084; Ga. L. 1866, p. 64, § 71; Code 1868…

Qualifying in absentia for magistrates serving on active military duty. Powers and duties of chief magistrate. Qualifications; restrictions on practice of law. Minimum compensation; annual salary; increases; supplements. Monthly contingent expense allowance for the operation of th…

General jurisdiction. Jurisdiction over certain cases involving litter. Oath and commission of magistrate, constable, and clerk. Sessions of court. Offices, courtrooms, and equipment. Local court rules. Council of Magistrate Court Judges. Authority of retired magistrate to perfor…

The purpose of this chapter is to secure for each child who comes within the jurisdiction of the juvenile court such care and guidance, preferably in his or her own home, as will secure his or her moral, emotional, mental, and physical welfare as well as the safety of both the ch…

Except as provided in Code Section 15-11-560, the juvenile court shall have exclusive original jurisdiction over juvenile matters and shall be the sole court for initiating action: (1) Concerning any child who: (A) Is alleged to be a delinquent child; (B) Is alleged to be a child…

The juvenile court shall have concurrent jurisdiction to hear: (1) Any legitimation petition filed pursuant to Code Section 19-7-22 concerning a child alleged to be dependent; (2) Any legitimation petition transferred to the court by proper order of the superior court; (3) The iss…

(a) Nothing in this chapter shall be construed to prevent a child from being adjudicated both a dependent child and a delinquent child or both a dependent child and a child in need of services if there exists a factual basis for such a finding. (b) If a child alleged or adjudicate…

The court shall have jurisdiction to appoint a guardian of the person of any child in any proceeding authorized by this chapter. Any such appointment shall be made pursuant to the same requirements of notice and hearing as are provided for appointments of guardians of the persons…

(a) The court shall hold a hearing within 30 days of receipt of a case transferred from the probate court pursuant to subsection (f ) of Code Section 29-2-6 or subsection (b) of Code Section 29-2-8. (b) After notice and hearing, the court may make one of the following orders: (1)…

(a) In handling divorce, alimony, habeas corpus, or other cases involving the custody of a child, a superior court may transfer the question of the determination of custody, support, or custody and support to the juvenile court either for investigation and a report back to the su…

(a) A proceeding under this chapter may be commenced: (1) By an order of transfer of a case from another court as provided in Code Section 15-11-11 or 15-11-567, subsection (f ) of Code Section 29-2-6, or subsection (b) of Code Section 29-2-8; (2) By the summons, notice to appear…

(a) All hearings under this chapter shall be conducted by the court without a jury. Any hearing may be adjourned from time to time within the discretion of the court. (b) Except as otherwise provided, all hearings shall be conducted in accordance with Title 24. (c) Proceedings sh…

Upon application of a party, the court, or any authorized officer of the court, the clerk of the court shall issue subpoenas in accordance with the provisions of Title 24 requiring attendance and testimony of witnesses and production of evidence at any hearing under this chapter.…

(a) A party has the right to be present, to be heard, to present evidence material to the proceedings, to cross-examine witnesses, to examine pertinent court files and records, and to appeal the orders of the court; provided, however, that the court shall retain the discretion to …

State, 297 Ga. App. 228, 676 S.E.2d 871 (2009), cert. denied, No. S09C1300, 2009 Ga. LEXIS 406 (Ga. 2009) (decided under former O.C.G.A. § 15-11-2). Carrying weapon on school grounds Class B felony. — Juvenile court erred by modifying the juvenile’s disposition after determining …

(a) At any time during a proceeding under this chapter, the court may refer a case to mediation. (b) When referring a case to mediation, the court shall take into consideration the guidelines from the Georgia Commission of Dispute Resolution for mediating cases involving domestic…

(a) Once an order referring a case to mediation has been signed, the court shall appoint a mediator from a list of court approved mediators who are registered with the Georgia Office of Dispute Resolution to mediate juvenile court cases. (b) The court shall appoint a qualified med…

(a) The parties shall sign and date a written agreement to mediate. The agreement to mediate shall identify the controversies between the parties, affirm the parties’ intent to resolve such controversies through mediation, and specify the circumstances under which mediation may c…

(a) Upon issuing a referral to mediation the court may stay the proceeding. (b) Mediation shall occur as soon as practicable and be scheduled within 30 days of the order referring the matter to mediation unless the time frame is extended by the court. (c) The court may extend the…

(a) Any party in a mediation may withdraw from or terminate further participation in mediation at any time. (b) A mediator shall terminate mediation when: (1) The mediator concludes that the participants are unable or unwilling to participate meaningfully in the process; (2) The …

(a) All mediation agreements shall be presented to the juvenile court judge for approval. (b) The mediation agreement shall be made an order of the court unless, after further hearing, the court determines by clear and convincing evidence that the agreement is not in the best int…

Whenever a best interests determination is required, the court shall consider and evaluate all of the factors affecting the best interests of the child in the context of such child’s age and developmental needs. Such factors shall include: (1) The physical safety and welfare of s…

During the pendency of any proceeding under this chapter, the court may order: (1) A child to be examined by outside parties or private providers at a suitable place by a physician or psychologist; provided, however, that orders to perform an evaluation shall not be imposed upon …

(a) No admission, confession, or incriminating information obtained from a child in the course of any screening that is undertaken in conjunction with proceedings under this chapter, including but not limited to court ordered screenings, shall be admitted into evidence in any adj…

(a) In any proceeding under this chapter, either on application of a party or on the court’s own motion, the court may make an order restraining or otherwise controlling the conduct of a person if due notice of the application or motion and the grounds therefor and an opportunity…

(a) In any proceeding involving a child in need of services or a delinquent child or when a case plan has been imposed under Code Sections 15-11-38 and 15-11-39, upon the application of the prosecuting attorney or a party to the plan under Code Sections 15-11-38 and 15-11-39, or …

Through direct calendaring, whenever possible, a single judge shall hear all successive cases or proceedings involving the same child or family. History. — Code 1981, § 15-11-3, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

A legal custodian has the right to physical custody of a child, the right to determine the nature of the care and treatment of such child, including ordinary medical care, and the right and duty to provide for the care, protection, training, and education and the physical, mental…

(a) In addition to all other inherent powers of the court to enforce its lawful orders, the court may punish an adult for contempt of court by imprisonment for not more than 20 days or a fine not to exceed $1,000.00 for willfully disobeying an order of the court or for obstructing…