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Model Municipal Court Prosecutor Ordinance

June 14, 2012
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.
HOW TO USE
The sample ordinances, agreements, job descriptions and other documents listed here are provided as examples only and should not be utilized until a thorough analysis of the respective document has been undertaken by the city.

Job descriptions should be written with the assistance of an attorney, industrial psychologist, or consultant skilled in content validity procedures and aware of the potential legal ramifications of job descriptions as imposed by the Fair Labor Standards Act and the Americans with Disabilities Act.

Model and sample ordinances, agreements and other documents are provided for educational purposes only and are not intended to be legal advice. Cities should consult with their city attorney to obtain legal advice about a proposed course of action.