§ 30. Recorder's court.  


Latest version.
  • (a)

    There is hereby established a court to be known as the "Recorder's Court, Town of Thunderbolt", which shall have jurisdiction and authority to try offenses against laws and ordinances of said town and to punish for a violation of the same. The mayor and aldermen are authorized and empowered to elect a recorder to hold said court and to fix the qualifications, term of office and compensation. Said recorder so elected shall take such oath as may be prescribed by the mayor and aldermen. Any vacancy in the office of the recorder shall be filled by the mayor and aldermen. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance; to punish any person who may counsel or advise, aid, encourage or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the Town of Thunderbolt constituting traffic cases which under the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof; to establish bail and recognizances to insure the presence of those charged with violations and to prescribe the conditions of forfeiture of the same; to administer oaths; and to perform all other acts necessary and proper to the conduct of said court. The presiding officer of such court shall be known as the recorder. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. The court shall sit at a place designated by the town council.

    (b)

    The judge shall have the power to impose fines, costs, and forfeitures for the violation of any law or any ordinance of the Town of Thunderbolt passed in accordance with this charter. The court shall have the authority to punish those in its presence for contempt, provided that such punishment shall not exceed a fine of $500.00 or six months in jail or any combination thereof. The court may fix punishment for offenses within its jurisdiction as provided in subsection (c) of Code Section 36-31-1 of the Official Code of Georgia Annotated or any other law of this state. The judge of such court shall have such other powers as provided for in Chapter 31 of Title 36 of the Official Code of Georgia Annotated or any other general law of this state. The judge shall be to all intents and purposes a magistrate so far as to enable the judge to issue warrants for offenses committed within the limits of the Town of Thunderbolt, which warrants may be executed by any officer of said town, and to admit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction. The court shall also have concurrent jurisdiction with that of the magistrate court over offenses against the criminal laws of the state committed within the corporate limits. Except as may be otherwise specified in this charter, the judge is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the Town of Thunderbolt. The court is specifically vested with all jurisdiction and powers throughout the entire area within the corporate limits granted by state laws generally to municipal courts, particularly such laws as authorize the abatement of nuisances. The judge is authorized to administer oaths.

    (c)

    The recorder is authorized to issue warrants for offenses committed within the corporate limits of said town against any law or ordinance of said town or this State. When the offense is against the State, the recorder may hear evidence and commit to jail or take bond for appearance before the Senate court having jurisdiction of the offense as a justice of the peace could do. If the offense charged in the warrant be one against the laws or ordinances of the town, the arresting officers shall carry the case before the recorder's court and none other, with the same thereby disposed of as other cases of arrest not made under warrant. All warrants issued by the recorder or the recorder pro tempore acting in his stead shall be directed to any policeman or marshal of the Town of Thunderbolt and to all and singular the sheriffs, deputy sheriffs and constables of this State. Any one of said officers shall have the same authority to execute said warrants as the sheriffs of this State have to execute criminal warrants.

    (d)

    The recorder or the recorder pro tempore acting in his stead shall have the power and authority to subpoena witnesses to attend the recorder's court under the same rules and regulations that regulate and govern the superior courts of this State, to compel their attendance, and to punish any witness who has been subpoenaed and who failed to attend under the provisions for contempt already provided for in this charter.

    (e)

    In all cases in the recorder's court of the Town of Thunderbolt, the costs incurred and allowable herein may be computed under the provisions of the laws of the State of Georgia fixing costs in the justice of the peace courts of said State or the town council may establish a schedule of fees to defray the costs of operation, and the city shall be entitled to reimbursement of the cost, meals, transportation and caretaking of prisoners bound over the superior court for violations of State law. The town council may also provide a uniform scale of costs of the clerk and police officers of said city and for all services in the arrest and prosecution of offenders in the recorder's court and in the issuance and collection of tax and other executions and for their collections and payment into the town treasury. The recorder is hereby authorized to issue such other processes as may be necessary to the proper administration of said court.

    (f)

    The town council shall prescribe by ordinance such other rules and regulations as shall be deemed necessary in connection with the court and its operation, including provision for the summary forfeiture of appearance bonds.

    (g)

    There may be an appeal in any case from the recorder's court to the mayor and aldermen, which appeal must be entered in writing and under such terms and conditions as may be fixed and determined by said mayor and aldermen, and the judgment of the mayor and aldermen may be reviewed by certiorari to the Superior Court of Chatham County as provided for in Code Chapter 19-2 of the Code of Georgia of 1933, as amended.

(1995 Ga. Laws (Act No. 200), page 4193, § 5)