During the 2012 legislative session Senate Bill 352 was passed which created the first statutory provisions in Georgia relating to prosecutors in municipal courts. The legislation allows, but does not mandate, cities to create an office of prosecuting attorney for the municipal court.

If a city currently has a prosecuting attorney for its municipal court or plans on creating one, the ordinance or resolution creating the office and the name of the person holding the office must be sent to the Prosecuting Attorney’s Council within 30 days of passage. The Prosecuting Attorney’s Council has created an online system for submitting such information. The prosecuting attorney for the municipal court must be a member in good standing of the State Bar of Georgia and must be admitted to practice before the appellate courts of the state, according to the new law.

 

The new law also places duties and grants some authority to the prosecuting attorney for municipal court. Senate Bill 352 was not part of GMA’s legislative package but was brought by the Prosecuting Attorney’s Council late in the legislative session without initial consultation with GMA. GMA was able to work with the Prosecuting Attorney’s Council to amend some language in the legislation after it was introduced. To help cities comply with the new law GMA has created a model ordinance and model naming resolution.

 

If there are any questions regarding the legislation or model documents please contact Rusi Patel at 678-686-6210 or rpatel@gmanet.com.