§ 4-36. Court authorized.  


Latest version.
  • Article VI, section I of the Constitution is hereby amended by adding at the end thereof a new paragraph to be known as paragraph III, to read as follows:

    Paragraph III. The General Assembly may, in its discretion, create a new court or system of courts in and for each city of this state having a population of more than 300,000 according to the United States decennial census of 1960, and any future such United States census, conferring upon such new court or system of courts jurisdiction to issue warrants, try cases and impose sentences thereon:

    (1)

    In all misdemeanor cases arising under the act known as the Georgia State Highway Patrol Act of 1937, as the same exists or may hereafter be amended, and all other traffic laws of the state, as the same exist or may hereafter be amended.

    (2)

    In all misdemeanor cases arising under any law of the state regulating the ownership and operation of motor vehicles within its territorial jurisdiction, as the same exists on January 1, 1969, or as may thereafter be extended, and

    (3)

    In all cases arising under any charter provision or ordinance of any such city regulating traffic or the ownership or operation of motor vehicles, together with provisions as to rules, organization and procedure in such courts and as to new trials and the correction of errors in and by such courts and with such further provisions for the correction of errors by the Superior Court, the Court of Appeals or the Supreme Court as the General Assembly may from time to time, in its discretion, provide or authorize. Any court or system of courts so established shall not be subject to the rules of uniformity in paragraph I, section IX of article VI of the Constitution of 1945. The General Assembly is authorized to delegate to the governing authorities of any such municipality any and all powers necessary and appropriate for the establishment, operation and maintenance of such court.

    In the event the territorial limits of any such city is decreased or increased in size, the jurisdiction of any court created pursuant to the provisions of this paragraph shall likewise be decreased or increased, as the case may be.

    In the event a new court or system of courts is created by the General Assembly pursuant to the provisions of this paragraph, the General Assembly, in its discretion, may abolish the jurisdiction of other courts to issue warrants, try cases and impose sentences in cases upon which jurisdiction is conferred upon the courts or systems of courts created pursuant to the provisions of this paragraph, and to further provide that all such cases pending in such court or system of courts shall be transferred to the court or system of courts created pursuant to the provisions of this paragraph.

(1967 Ga. Laws, page 963, § 1)

Editor's note

The above local constitutional amendment was continued in effect by 1986 Ga. Laws, page 4820.