25 LC 48 1432
House Bill 304
By: Representatives Yearta of the 152
nd
, Gullett of the 19
th
, Gunter of the 8
th
, Kelley of the
16
th
, Reeves of the 99
th
, and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to
1
municipal courts, so as to create the Georgia Municipal Court Clerks' Council; to provide for2
definitions; to provide for the membership, powers, and duties of the council; to provide for3
funding of the council; to provide for the status of the council and its members; to provide4
for related matters; to repeal conflicting laws; and for other purposes.5
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:6
SECTION 1.7
Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal8
courts, is amended by adding a new article to read as follows:9
"ARTICLE 4
10
36-32-50.11
(a) As used in this Code section, the term:12
(1) 'Council' means the Georgia Municipal Court Clerks' Council.13
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(2) 'Municipal court staff' means the primary person most directly responsible for the14
administration of a municipal court, other than a judge of the municipal court, and his or15
her support staff.16
(b) There is created the Georgia Municipal Court Clerks' Council. The council shall be17
composed of the municipal court staff of all municipal courts within this state. The council18
is authorized to organize itself and to develop a constitution and bylaws. The council is19
authorized to elect such officers, including an executive committee, as it shall deem20
advisable to carry out its duties and responsibilities. The council is authorized to appoint21
advisory committees and establish the membership and duties thereof. In addition to the22
members of the council, the council is authorized to provide for special classes of23
nonvoting memberships for honorary members and those persons who have retired from24
positions involving the administration and management of municipal courts.25
(c) It shall be the purpose of the council to effectuate the responsibilities conferred upon26
it by law, to further the improvement of the municipal courts and the administration of27
justice, to assist the municipal court staff throughout the state in the execution of their28
duties, and to promote and assist in the training of municipal court staff.29
(d) Expenses of the administration of the council shall be paid from state funds30
appropriated for such purpose and from other appropriate sources.31
(e) The council shall be a legal entity and an agency of the State of Georgia; shall have32
perpetual existence; may contract; may own property; may accept funds, grants, and gifts33
from any public or private source for use in defraying the expenses of the council; may34
adopt and use an official seal; may establish a principal office; may employ such35
administrative or clerical personnel as may be necessary and appropriate to fulfill its36
necessary duties; and shall have other powers, privileges, and duties as may be reasonable37
and necessary for the proper fulfillment of its purposes and duties.38
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(f) A member of the council shall not be ineligible to hold the office of municipal court39
staff by virtue of his or her position as a member of the council and membership in the40
council shall not constitute the holding of a public office."41
SECTION 2.42
All laws and parts of laws in conflict with this Act are repealed.43
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