04

Section 99-04 ARTICLE IV. JUDICIAL BRANCH

Section 4.10. Creation; name.

There shall be a court to be known as the Municipal Court of the City of Thomasville.

Section 4.11. Chief judge; associate judge.

(a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or substitute judges as shall be appointed by the City Council. The method of selection and terms of such judges shall be fixed by the City Council.

(b) Compensation of the judges shall be fixed by the City Council.

(d) Before assuming office, each judge shall take an oath that he will honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor, or partiality.

Section 4.12. Convening.

The municipal court shall be convened at regular intervals as set by the chief judge.

Section 4.13. Jurisdiction; powers.

(a) The municipal court shall try and punish violations of this charter, all city ordinances, and such other violations as provided by law.

(b) The municipal court shall have authority to punish those in its presence for contempt, provided that such punishment shall not exceed two hundred dollars ($200.00) or three (3) days in jail or three (3) days community service.

(c) The municipal court may fix punishment for offenses within its jurisdiction not exceeding a fine of one thousand dollars ($1,000.00) or imprisonment for six (6) months or both such fine and imprisonment or may fix punishment by fine, imprisonment, or alternative sentencing, as now or hereafter provided by law.

(d) The municipal court shall have authority to establish a schedule of fees to defray the cost of operations and shall be entitled to reimbursement of the cost of meals, transportation, and caretaking of prisoners bound over to superior courts for violations of state law.

(e) The municipal court shall have authority to establish bail and recognizance to ensure the presence of those charged with violations before such court and shall have discretionary authority to accept cash or personal or real property as surety for the appearance of persons charged with violations. Whenever any person shall give bail for his appearance and shall fail to appear at the time fixed for trial, his bond shall be forfeited by the judge presiding at such time and an execution issued thereon by serving the defendant and his sureties with a rule nisi at least two (2) days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city, or the property so deposited shall have a lien against it for the value forfeited which lien shall be enforceable in the same manner and to the same extent as a lien for city property taxes.

(f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary.

(g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by the law,

(h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the city, and each judge of the municipal court shall have the same authority as a magistrate of the state to issue warrants for offenses against state laws committed within the city.

(i) The municipal court is specifically vested with all the jurisdiction and powers throughout the geographic area of this city granted by law to recorder's and police courts, and particularly by such laws as authorize the abatement of nuisances and prosecution of traffic violations.

Section 4.14. Appeal and certiorari.

The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under the sanction of a judge of the Superior Court of Thomas County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari.

Section 4.15. Rules for court.

With the approval of the City Council, the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court; provided, however, that the City Council may adopt in part or in toto the rules and regulations applicable to superior courts. The rules and regulations made or adopted shall be filed with the city clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least forty-eight (48) hours prior to such proceedings.

Section 4.16. Power and duties of clerks; service of summons.

The clerks of the municipal court shall also be officers of the court. Any person charged with the violation of an ordinance, rule or regulation of the city, unless the offense is of such nature as to require the arrest and taking into custody of the person, shall be served with a summons by any City police officer or code enforcement officer so designated by the City Manager. The summons shall be signed by the clerk and shall bear authority in the name of the judge of municipal court or the presiding officer for that case, setting out in a plain, summary manner the nature of the offense charged, the ordinance, rule or regulation under which the charge was made, and the time when and the place where the summoned party is required to appear and stand trial. Otherwise, in any circumstance where an arrest and taking into custody of a person is appropriate, whether a summons has been issued or not, the arrest shall be made only by a City police officer.

Section 4.17. Disposition of bond on failure to appear.

Any party under bond who shall fail to appear at the time and place named in the bond shall be liable to arrest and imprisonment, and the court may declare the bond forfeited, giving written notice to the securities thereon that unless they produce their principal within one (1) week, judgment will be entered up against them for the amount of such bond, and judgment issued against the principal and his securities for the amount of the judgment and costs. Nothing in this section shall be construed to prevent the arrest without warrant or summons of any person when it is necessary to preserve the peace, good order, or security of the city, or to prevent the commission of a crime.

(99-4-16, Amended, 07/25/2005, code enforcement officers may issue summons for violations of Code, Prior Text; 99-4-16, Amended, 02/09/2004, Prior Text)