GENERALLY

Atlanta City Code pt. II, ch. 62, art. II, div. 1

in effect

Atlanta City Code § 62-26 Seal.

Sec. 62-26. - Seal. (a) The municipal court of Atlanta, referred to in this article as the municipal court, shall have a seal which shall contain the words "The Municipal Court of Atlanta, Georgia" and in the center the word "Seal." (b) The seal shall be kept by the clerk of the court. (Code 1977, § 3-1001)

Atlanta City Code § 62-27 Judges.

Sec. 62-27. - Judges. There shall be a chief judge of the municipal court. There shall be such number of associate judges as shall be provided by ordinance. The term "municipal judge" shall include any person authorized by the Charter and applicable related law to try cases in the municipal court. (Code 1977, § 3-1002)

Atlanta City Code § 62-27.1 [Number of municipal court judges; effective date.]

Sec. 62-27.1. - [Number of municipal court judges; effective date.] Effective September 21, 2009, the number of municipal court judges shall be ten. (Ord. No. 2011-12(08-O-1760), § 1, 9-30-09)

Atlanta City Code § 62-28 Solicitor and assistant.

Sec. 62-28. - Solicitor and assistant. (a) There shall be a solicitor who shall be known as the solicitor of the municipal court. (b) The duties of the solicitor of the municipal court shall be to: (1) Prosecute all cases on behalf of the city that are tried in the court; (2) Prosecute all commitment hearings that are held in the court; (3) Perform all appellate work, including work taken either by way of appeal or certiorari, resulting from either cases tried or commitment hearings in the court; (4) Advise police officers on individual cases, general procedure and legal developments relating to case preparation; and (5) Perform such other duties as are or may be required by law or by ordinance. (c) There shall be one assistant solicitor of the municipal court. (d) The duties of the assistant solicitor shall be the same as those of the solicitor of the municipal court, plus any additional judicial duties that the solicitor, with the consent of the city council, may prescribe. (Code 1977, § 3-1003)

Atlanta City Code § 62-29 Public defender and assistant.

Sec. 62-29. - Public defender and assistant. (a) There shall be a public defender, who shall be known as the public defender of the municipal court. (b) The duties of the public defender of the municipal court shall be the representation of, and the provision of legal services to, indigent defendants who are tried in the municipal court and the representation of, and provision of legal services to, indigent defendants who appear before the municipal court for commitment purposes, including all necessary pretrial preparation and interviews. In addition, the public defender is authorized to: provide legal services to indigent defendants who are detained in City of Atlanta detention facilities; provide assistance with jail discharge planning; assist with coordination of social services for defendants; and apply for grant funding on behalf of the city to support these efforts, pursuant to the city's Procurement Code. (c) There shall be one assistant public defender of the municipal court, whose starting salary shall be equal to the starting salary of the assistant solicitor. (d) The duties of the assistant public defender shall be the same as those of the public defender plus any additional judicial duties that the public defender, with the consent of the city council, may prescribe. (Code 1977, § 3-1004; Ord. No. 2018-03(18-O-1045), § 2, 2-6-18; Ord. No. 2018-30(18-O-1400), § 1, 7-11-18)

Atlanta City Code § 62-30 Judges, solicitor and public defender pro hac vice.

Sec. 62-30. - Judges, solicitor and public defender pro hac vice. (a) There shall be ten judges pro hac vice of the municipal court who shall perform the same duties as the associate judges of the municipal court. (b) There shall be two solicitors pro hac vice who shall perform the same duties of the assistant solicitor of the municipal court. These persons shall be paid a per diem fixed by the city council from the appropriate salary account. (c) There shall be one public defender pro hac vice who shall perform the same duties as the assistant public defender. This person shall be paid a per diem fixed by the city council from the appropriate salary account. (Code 1977, § 3-1005)

Atlanta City Code § 62-31 Bail established under certain circumstances.

Sec. 62-31. - Bail established under certain circumstances. (a) For offenses under the jurisdiction of the Atlanta Municipal Court, except as set forth in subsections 62-31 (b), (c), (d) and (f) below, the chief of corrections or the chief's designated representative shall release the accused from the Atlanta City Detention Center on their own recognizance or signature, without the requirement of posting any financial obligation prior to release. The chief of corrections or his designee shall release all such persons from custody immediately after booking. All such persons shall be provided with a written directive regarding the time and date that they must appear before the municipal court. (b) For any offense containing an element of violence or threatened violence against a person, the defendant is to be detained until the initial appearance hearing, which shall be held as soon as practicable, but in no event later than 48 hours after the time of the arrest, or 72 hours after the time of arrest where the arrest occurs pursuant to a warrant. For purposes of this subsection 62-31(b), the following shall be deemed an "offense containing an element of violence or threatened violence: (1) City ordinance 106-81.1: Disorderly Conduct - Act of violence toward another. (2) City ordinance 106-81.3: Disorderly Conduct - Fighting. (3) City ordinance 106-81.7: Disorderly Conduct - Physical obstruction of another. (4) O.C.G.A. § 40-6-391: Driving Under the Influence. (5) O.C.G.A. §40-6-186: Racing on highways and streets. (6) O.C.G.A. § 40-6-251: Intentional operation of motor vehicles to create danger to persons or property; "laying drags". (7) O.C.G.A. § 40-6-390: Reckless driving. (8) City ordinance 150-71: Operation of all-terrain and off road vehicles. (9) An offense which is bailable only before a judge of Georgia superior court. (10) Other offenses which the corrections chief reasonably believes involve violence or the threat of violence to a person. (11) Any citation that includes "DV" (domestic violence) written by the arresting officer at any location on the ticket regardless of the offense charged. (12) Idling and loitering for illicit sex. (13) A defendant who is currently serving probation or parole, regardless of the current offense. (c) If a person who has been released on a recognizance or signature bond under this ordinance is later arrested and thereafter booked into the Atlanta City Detention Center for an offense under the jurisdiction of the municipal court prior to the disposition of the earlier charge, the chief of corrections or the chiefs designee shall bring that person to the initial appearance hearing to be held as soon as practicable, but in no event later than 48 hours after arrest, or 72 hours after the time of arrest where the arrest occurs pursuant to a warrant. (d) If a person who has been released on a recognizance or signature bond under this ordinance is later arrested and detained on a warrant for failure to appear in the municipal court during the pendency of the earlier charge, the chief of corrections or his designee shall bring that person to the initial appearance hearing to be held as soon as practicable, but in no later than 48 hours after arrest, or 72 hours after the time of arrest where the arrest occurs pursuant to a warrant. (e) In cases where the municipal court conducts an initial appearance hearing pursuant to subsections (b), (c), or (d) above, and requires a cash bond or other secured financial obligation as a condition of pre-trial release, the court's written determination shall include a finding regarding the defendant's present ability to pay the financial condition set. The municipal court shall not establish a financial condition for pre-trial release that results in a defendant being detained solely because he or she does not have enough money to meet the financial requirement. Nothing in this chapter shall limit the authority of a municipal court judge to impose any nonfinancial condition of release in accordance with existing law. (f) Nothing in this chapter shall prohibit the acceptance of bond set by an extra jurisdictional court. (g) The chief judge of the municipal court is authorized to promulgate rules necessary for the administration of this section. (h) Nothing in this chapter shall limit the authority granted to the judges of the Atlanta Municipal Court by Georgia law. (Ord. No. 2018-03(18-O-1045), § 3, 2-6-18; Ord. No. 2020-64(20-O-1653), § 1, 11-11-20)

Atlanta City Code § 62-32 Appointment of judges to sign warrants after normal hours.

Sec. 62-32. - Appointment of judges to sign warrants after normal hours. The chief judge of the municipal court shall designate, on a rotating basis, a municipal judge who shall be available to sign warrants upon sworn affidavits each day after the close of regular business and on weekends. (Code 1977, § 3-1010)

Atlanta City Code § 62-33 Court counselor.

Sec. 62-33. - Court counselor. There shall be a court counselor who shall be known as the court counselor of the municipal court. The duties of the court counselor shall be to represent the building, fire prevention, treasury, and licensing bureaus in the municipal court, and in any appeals from those trials in the superior court on certiorari. (Code 1977, § 3-1006)

Atlanta City Code § 62-34 Clerk.

Sec. 62-34. - Clerk. (a) There shall be a clerk of the court who shall be known as the clerk of the municipal court. (b) The duties of the clerk of the municipal court are to: (1) Maintain a system of records; (2) Be the custodian of the seal of the court with the authority to certify copies of all official records of the court; (3) Maintain the proper books of accounts, including receipts and disbursements, which the court may maintain; and (4) Perform such other duties as the chief judge may impose. (Code 1977, § 3-1007)

Atlanta City Code § 62-35 Jurisdiction; imposition of punishment.

Sec. 62-35. - Jurisdiction; imposition of punishment. Every person accused of violating any section of this Code or any ordinance of the city, or any state offense that may properly be adjudicated in municipal court pursuant to state law shall be tried in the municipal court, unless referred by the chief judge of municipal court to city court for jury trial. Upon a finding of guilty, the municipal court may impose such punishment as is provided for by this Code. (Code 1977, § 3-1061; Ord. No. 2005-03, § 6, 1-10-05)

Atlanta City Code § 62-36 Indigents.

Sec. 62-36. - Indigents. The chief judge of the municipal court shall have the power to devise reasonable tests for the determination of indigency of defendants who appear before the municipal court. All professed indigents must sign a pauper's affidavit before they may be assisted by the public defender or the public defender's staff. (Code 1977, § 3-1008)

Atlanta City Code § 62-37 Disposition of fines and forfeitures.

Sec. 62-37. - Disposition of fines and forfeitures. All fines and forfeitures received through the municipal court shall be forwarded to the chief financial officer. The chief financial officer and not the clerk of the municipal court shall transmit funds to the peace officers' annuity and benefit fund in accordance with the requirements of law. (Code 1977, § 3-1031)

Atlanta City Code § 62-38 Fees for copies of records and certification.

Sec. 62-38. - Fees for copies of records and certification. (a) The clerk of the municipal court is authorized to make charges for the copying of records of the municipal court and issuing certificates therefor as provided in chapter 2, article XIV of this Code. (b) Fees so collected shall be accounted for by the clerk of the municipal court and shall be paid into the city treasury through the medium of a miscellaneous receipt. (Code 1977, § 3-1086)

Atlanta City Code § 62-39 Assessment of costs and jail fees against prosecutors in dismissal for want of probable cause.

Sec. 62-39. - Assessment of costs and jail fees against prosecutors in dismissal for want of probable cause. (a) A municipal court judge may, in the discretion of the judge, assess costs and jail fees against the person who initiated the prosecution when, at a criminal proceeding for a violation of this Code or other ordinance of the city, the action is dismissed for want of probable cause or for want of prosecution. This subsection shall not apply to law enforcement personnel or any other city employee acting in an official capacity. (b) Assessment costs and jail fees imposed by a municipal court judge in this article shall not exceed $300.00. (Code 1977, § 3-1087)

Atlanta City Code § 62-40 Assessment of additional costs for benefit of peace officers' annuity and benefit fund.

Sec. 62-40. - Assessment of additional costs for benefit of peace officers' annuity and benefit fund. (a) There shall be assessed by the judges of the municipal court in all cases tried by these judges for the violation of any state statute or this Code or other city ordinance, as a part of the costs thereof and in addition to all other costs, assessments and fines for such offenses as may be levied by the judges, the following sums of money: (1) For any fine or bond forfeiture of more than $4.00 but not more than $25.00, the sum of $3.00. (2) For any fine or bond forfeiture of more than $25.00 but not more than $50.00, the sum of $4.00. (3) For any fine or bond forfeiture of more than $50.00 but not more than $100.00, the sum of $5.00. (4) For any fine or bond forfeiture of more than $100.00, five percent of such fine or bond forfeiture. (b) The clerk of the municipal court shall maintain accurate and full accounts of all these sums collected. The records shall show that the extra sums collected as called for in subsection (a) of this section are collected for the purpose of being turned over to the peace officers' annuity and benefit fund of the state, as required by O.C.G.A. § 47-17-60, and that the city is required to act as agent for that organization in collecting this sum. (c) All these sums shall be remitted to the chief financial officer by the court effecting these collections so that they may in turn be forwarded to the peace officers' annuity and benefit fund as required by law. (d) All records of the court assessing and collecting these funds shall be kept open for inspection and audit by the representatives of the peace officers' annuity and benefit fund. (Code 1977, § 3-1079)

Atlanta City Code § 62-41 Authority to sentence to work on streets or public works, in police station or jail.

Sec. 62-41. - Authority to sentence to work on streets or public works, in police station or jail. (a) When any person is convicted of any offense against this Code or other laws and ordinances of the city, it shall be discretionary with the municipal judge to punish this offender by ordering the offender to work on the streets or public works of the city or in the police station house or jail, under the supervision of the proper officers. (b) The judge passing sentence or any of the judge's agents shall furnish to the chief of corrections or any duly authorized agents a listing of all offenders delivered to the city prison and shall furnish the commissioner of corrections or authorized agent the full details of the sentence imposed on this offender. (Code 1977, § 3-1080; Ord. No. 2002-71, § 71, 9-16-02)

Atlanta City Code § 62-42 Sentences for convictions of more than one offense.

Sec. 62-42. - Sentences for convictions of more than one offense. If a person shall be convicted of more than one offense and sentenced to imprisonment, these sentences shall be severally executed, the one after the other; provided, however, the municipal court judge may, in the judge's discretion, direct that these sentences run concurrently. (Code 1977, § 3-1081)

Atlanta City Code § 62-43 Collection of fines, cash collateral; reports on disposition of cases.

Sec. 62-43. - Collection of fines, cash collateral; reports on disposition of cases. (a) Where applicable pursuant to sections 62-1(c) and 62-31 of this chapter, the chief of corrections or the chief's designated representative shall collect all bond collateral for defendants on rates that may be prescribed by a judge of the municipal court, with a proper report to be given to the proper court. (b) The chief judge of the municipal court or designated representative shall collect all fines assessed by the chief judge or any associate judges. The chief judge of the municipal court shall further report all fines so collected to the police chief or the police chief's designated representative and to forward with this report all collections. (c) The chief of corrections or the chief's designated representative shall report daily all collections to the chief financial officer and daily to deposit all cash and other payments with the revenue collection administrator's office. (d) Each judge and associate judge of the municipal court shall note on each charge or written accusation the disposition, except those on which collateral has been collected or those which have been collected by the violations bureau. (e) Reserved (f) The clerk of the municipal court shall render a monthly report of the number of cases on hand at the beginning of the month, the number of cases received during the month, the number of cases disposed of, the nature of the disposition and the cases remaining on hand at the end of the month. Any case remaining in effect for 60 or more days is to be set out separately, showing the number of times the case has been postponed and the reason for postponement. A copy of the monthly report is to be filed with the chief judge of the municipal court, the police chief and the chief financial officer. (g) Any officer named in this section violating this section or any official aiding or abetting this violation shall be deemed guilty of a breach of duty and shall be subject to removal from office. (Code 1977, § 3-1082; Ord. No. 2018-03(18-O-1045), § 4, 2-6-18)

Atlanta City Code § 62-44 Execution to collect fine.

Sec. 62-44. - Execution to collect fine. Execution may issue if any fine is imposed by municipal court, to be levied upon the goods, chattels, lands, and tenements of the defendant fined, if the fine is not paid as required by law, which execution shall bear teste in the name of the mayor, and shall be signed officially by the clerk of court or a deputy clerk thereof. (Code 1977, § 3-1083; Ord. No. 2012-22(12-O-0398), § 1, 5-30-12)

Atlanta City Code § 62-45 Pretrial release program.

Sec. 62-45. - Pretrial release program. There shall be a pretrial release agency of the municipal court. The director of the pretrial release agency shall report to the chief judge of the municipal court or the judge's designee. (Code 1977, § 3-1011)

Atlanta City Code § 62-46 Pretrial diversion fee.

Sec. 62-46. - Pretrial diversion fee. In every case that a defendant is allowed to participate in any pretrial diversion program under the supervision of the solicitor of the municipal court, there shall be imposed a fee as a condition of completion of the pretrial diversion program. Such a fee shall be in an amount not to exceed $300.00. Any fee may be waived or amended upon determination as to undue hardship, inability to pay and any other extenuating factors that prohibit collection of the fee. All fees collected shall be paid into the general fund of the city and shall be applied to defray the cost of the administration of the program. (Ord. No. 2002-24, § 1, 4-5-02; Ord. No. 2010-06(10-O-0307), § 1, 3-9-10)

Atlanta City Code § 62-47 Authority to sentence to home confinement.

Sec. 62-47. - Authority to sentence to home confinement. (a) When any person is convicted of any offense against this Code or other laws and ordinances of the city, it shall be discretionary with the municipal judge to punish this offender by ordering the offender to home confinement, under the supervision of the proper officers. (b) The judge passing sentence or any of the judge's agents shall furnish to the Commissioner of the Department of Corrections or any duly authorized agents a listing of all offenders who have been sentenced in accordance with this section by delivering said list to the Municipal Jail and shall furnish the Commissioner of Corrections or authorized agent the full details of the sentence imposed on this offender. (Ord. No. 2009-19(09-O-0798), § 2, 5-26-09)

Source: City of Atlanta, Code of Ordinances (Charter and Related Laws, General Ordinances, Land Development Code) (Municode Library, library.municode.com)URL: https://library.municode.com/ga/atlanta/codes/code_of_ordinances?nodeId=PTIICOORENOR_CH62CO_ARTIIMUCO_DIV1GEFetched: 10/28/2026