There shall be no jury trials in the magistrate court. Any defendant who is charged with one or more ordinance violations may, at any time before trial, demand that the case be removed for a jury trial to the state court of the county or to the superior court of the county if there is no state court. Such a demand shall be written. Upon such a demand the court shall grant the demand. Failure to so demand removal of the case shall constitute a waiver of any right to trial by jury which the defendant may otherwise have.
(Code 1981, §15-10-61, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1987, p. 448, § 2.)
Cross references.- Transfers and changes of venue in magistrate court proceedings, Uniform Rules for the Magistrate Courts, Rule 36.
JUDICIAL DECISIONS
O.C.G.A. § 15-10-61 was not a general law which provided for removal to state court for jury trial, and the local law governing the county recorder's court did not violate the constitutional prohibition against local laws on the same subject as general laws. Smith v. Greene, 274 Ga. 815, 559 S.E.2d 726 (2002).
Transfer to another court.
- Because defendant's case for violation of various municipal ordinances for operating a sexually oriented business without a license arose in municipal court, not magistrate court, the defendant was not entitled to have the charges against the defendant bound over to state court and the defendant's constitutional issues were not preserved for appeal. Focus Entm't Int'l, Inc. v. Bailey, 256 Ga. App. 283, 568 S.E.2d 183 (2002).
Cited in Avant v. Douglas County, 253 Ga. 225, 319 S.E.2d 442 (1984); Haygood v. State, 221 Ga. App. 477, 471 S.E.2d 552 (1996).