Authority of Prosecuting Attorney

  1. Law
  2. Georgia Code
  3. Courts
  4. Prosecuting Attorneys
  5. Prosecuting Attorneys of Municipal Courts
  6. Authority of Prosecuting Attorney

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  1. The prosecuting attorney of a municipal court shall have the duty and authority to represent the municipality:
    1. In the municipal court:
      1. In the prosecution of any violation of the laws or ordinances of such municipality which is within the jurisdiction of such municipal court and punishable by confinement or a fine or both or by a civil penalty authorized by Code Section 40-6-163; and
      2. In the prosecution of any violation of state laws which by general law municipal courts have been granted jurisdiction to try and dispose of such offenses, specifically including those offenses described in Chapter 32 of Title 36 and Code Section 40-13-21;
    2. In the appeal of any case prosecuted in the municipal court to the superior court or the appellate courts of this state;
    3. In any case in which the defendant was convicted in the municipal court and is challenging such conviction through habeas corpus;
    4. To administer the oaths required by law to the bailiffs or other officers of the court and otherwise to aid the presiding judge in organizing the court as may be necessary; and
    5. To perform such other duties as are or may be required by law or ordinance or which necessarily appertain to such prosecuting attorney's office.
  2. The prosecuting attorney of a municipal court shall have the authority to:
    1. File, amend, and prosecute any citation, accusation, summons, or other form of charging instrument authorized by law for use in the municipal court;
    2. Dismiss, amend, or enter a nolle prosequi on any accusation, citation, or summons filed in the municipal court as provided by law, except that the prosecuting attorney of a municipal court shall not have the authority to dismiss or enter a nolle prosequi in any case in which the accused is charged with a violation of state law other than one which the municipal court has jurisdiction to try and dispose of such offense without the consent of the proper prosecuting officer having jurisdiction to try and dispose of such offense. As used in this paragraph, the term "proper prosecuting officer" means, in the case of felonies, the district attorney and, in the case of misdemeanors, the solicitor-general in counties where there is a state court, or in counties where there is no solicitor-general, the district attorney;
    3. Reduce to judgment any fine, forfeiture, or restitution imposed by the municipal court as part of a sentence in an ordinance case or forfeiture of a recognizance which is not paid in accordance with the order of the court. A prosecuting attorney of a municipal court may institute such civil action in the courts of this state or of the United States or any of the several states to enforce such judgment against the property of the defendant; and
    4. Request and utilize the assistance of any other municipal prosecutor, solicitor-general, assistant solicitor-general, district attorney, assistant district attorney, or other attorney employed by an agency of this state or its political subdivisions or authorities in the prosecution of any criminal action.
  3. The provisions of this Code section shall not be deemed to restrict, limit, or diminish any authority or power of the district attorney or any solicitor-general to represent this state in any criminal case in which the accused is charged with a felony or misdemeanor, when the municipal court is acting as a court of inquiry pursuant to Article 2 of Chapter 7 of Title 17 or setting bail for any such offense, other than one which the municipal court has, by law, jurisdiction to try and dispose of.

(Code 1981, §15-18-96, enacted by Ga. L. 2012, p. 53, § 4/SB 352.)


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