For hearing an application for an arrest or search warrant or deposit account fraud citation, the fee charged shall not exceed $20.00, but this fee may be waived by the issuing magistrate if he or she finds that because of the financial circumstances of the party applying for the warrant or citation or for other reasons this fee should not be charged in justice, provided that no fee shall be assessed against the alleged victim of a violation of Code Section 16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5.1, 16-6-22.1, or 16-6-22.2 or against the alleged victim of any domestic violence offense for costs associated with the filing of criminal charges against the stalking offender, sexual offender, or domestic violence offender or for the issuance or service of a warrant, protective order, or witness subpoena arising from the incident of stalking, sexual assault, or domestic violence.
(Code 1981, §15-10-82, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1988, p. 267, § 2; Ga. L. 1991, p. 1753, § 3; Ga. L. 1994, p. 1787, § 1; Ga. L. 1996, p. 883, § 3; Ga. L. 2001, p. 885, § 4; Ga. L. 2010, p. 9, § 1-42/HB 1055.)
Code Commission notes.- Pursuant to Code Section 28-9-5, in 1996, a comma was substituted for a semicolon following "charged in justice" in the first sentence.
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarity of the statutory provisions, decisions rendered under former Code 1933, § 24-1601 and former Code Section 15-10-14, relating to fees for services performed by justices of the peace, are included in the annotations for this Code section.
Unconstitutionality of issuance of search warrant by interested judge.
- Issuance of a search warrant by a justice of the peace who has a pecuniary interest in issuing the warrant effects a violation of the protections afforded by the Fourth and Fourteenth Amendments of the United States Constitution. Connally v. Georgia, 429 U.S. 245, 97 S. Ct. 546, 50 L. Ed. 2d 444 (1977) (decided under former Code 1933, § 24-1601).
Warrant charge embraces all services connected with issuance of warrant including the docketing of the case, filing of papers, and seal. Gill v. Decatur County, 129 Ga. App. 697, 201 S.E.2d 21 (1973) (decided under former Code 1933, § 24-1601).
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes.
- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 24-1601 and former Code Section 15-10-14, relating to fees for services performed by justices of the peace, are included in the annotations for this Code section. See also current Code Section 15-10-23, providing that magistrates shall not be compensated from fees.
Justices of the peace without pecuniary interest in issuing search warrant.- Former Code 1933, §§ 27-2928 and 2932, by making the obligation of counties to pay justices of the peace for search and arrest warrants contingent upon application therefor, and not upon issuance thereof, has eliminated the potential for the financial welfare of a justice of the peace to be enhanced by issuing a warrant. 1977 Op. Att'y Gen. No. U77-51 (decided under former Code 1933, § 24-1601).
State officers exempt.
- State and the state's officers are not liable for the warrant hearing fees established by O.C.G.A. § 15-10-82. 1983 Op. Att'y Gen. No. U83-70.
Fee waiver.- If the issuing magistrate determines that for financial or other reasons that justice requires, the fee for an arrest or search warrant may be waived. 1983 Op. Att'y Gen. No. 83-59.
If the applicant is a county or municipal police officer, the magistrate has the discretion to waive the warrant hearing fee. 1983 Op. Att'y Gen. No. U83-70.
Advance payment of warrant application fee is allowed, but not required, by O.C.G.A. § 15-10-82. 1988 Op. Att'y Gen. No. U88-24.
Justice not entitled to further fees if person did not return.- Justice of the peace is entitled to a fee for each criminal warrant issued; if the person against whom the warrant was issued is not returned before such justice for committal hearing, such justice of the peace is not entitled to any more fees. 1952-53 Op. Att'y Gen. p. 314 (decided under former Code 1933, § 24-1601).