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Judge: |
Kenneth O. Nix |
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Solicitor: |
Leann MacDougall |
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Clerk: |
Carolyn Duncan |
Austell Municipal Court is the judicial branch
of the City Government of Austell. Charged
with the responsibility of processing all
traffic citations and misdemeanor state law
violations issued by the Austell Police
Department, the Court convenes three times each
month. The Court also processes Ordinance
violations issued by the city's Code Enforcement
Officer as well as preparing dockets and
collecting fines and fees.
Court Sessions: All court dates are
scheduled for Thursday evenings at 6:00 P.M.
(Click
here for monthly calendar of court dates for
2008).
The first two Courts
of each month are set aside for arraignment of
charges and trials are held at the third Court
each month.
Jurisdiction and Powers of the Court as set
forth in Section 4.13 of the City Charter:
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a. |
The municipal court shall try and punish
violations of all city Ordinances. |
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b. |
The municipal court shall have authority to
punish those in its presence for contempt. |
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c. |
The municipal court may fix punishment for
offenses within its jurisdiction including
fine of an amount up to the maximum of one
thousand dollars ($1,000.00) or imprisonment
for up to a maximum of six (6) months, or
both, or may sentence any offender upon
conviction to labor for the city on the
streets, sidewalks, squares, parks or other
public places, or to do community service
work for up to thirty (30) days per offense,
or any combination of the foregoing. |
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d. |
The municipal court may use the bail bond
and fine schedule adopted by the City
Council from time to time for the offenses
specified. For any reason, whether or
not appearing on said schedule, the
municipal court may impose, upon conviction,
a fine not to exceed one thousand dollars
($1,000.00) and imprisonment in the city
jail not to exceed six (6) months and work
for labor on the city public works or
community service not to exceed thirty (30)
days, either service not to exceed thirty
(30) days, either or all or any part of
either or all. Whenever a person shall
give bail for his or her appearance and
shall fail to appear at the time fixed for
trial, his or her bond shall be forfeited by
the judge. In the event that cash or
property is accepted in lieu of bond for
security for the appearance of a defendant
at trial and if such defendant fails to
appear at the time and place fixed for
trial, the cash so deposited shall be, on
order of the judge, declared forfeited to
the city, or the property so deposited shall
have a lien against it for the value
forfeited, which lien shall be enforceable
in the same manner and to the same extent as
a lien for city property taxes. |
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e. |
The municipal court shall have the authority
to bind prisoners over to the appropriate
court when it appears by probable cause that
a state law has been violated. |
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f. |
The municipal court shall have the same
authority as superior courts to compel the
production of evidence in the possession of
any party to enforce compliance with its
orders, judgments, and sentences and to
administer such oaths as are necessary. |
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g. |
The municipal court may compel the presence
of all parties necessary to a proper
disposal of each case by the issuance of
summonses, subpoenas, and warrants which may
be served and executed by any officer as
authorized by the charter or by general
state law. The judge of the municipal
court and the Mayor are authorized to issue
warrants for the arrest of persons charged
with offenses against any Ordinance of the
city. |
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h. |
The judge of the municipal court shall have
the same authority as a magistrate of the
state court of Cobb County to issue
warrants for offenses against state laws
committed with the City. |
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i. |
The municipal court is specifically vested
with all of the jurisdiction and powers
throughout the entire area of this city
granted by general state laws to Mayor's,
recorder's, and police courts and
particularly by such laws as authorized by
the abatement of nuisances and prosecution
of traffic of traffic violations. |
Proper behavior in the Court Room:
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No food or drinks
are allowed
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No hats
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Sunglasses should
be removed
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Parents with noisy
children or babies may be asked to step
outside until their case is called
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Proper
dress/attire is expected − no shorts, no tank
tops, and no halter tops
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All cell phones,
beepers, and pagers MUST be turned off
Before
entering the Court Room, you will be required to
walk through a metal detector at which time your
bags may be searched. No weapons such as
guns, knives, pepper spray, or tools are
allowed.
The Austell
Municipal Court treats everyone with equal
dignity and respect during the proceedings and
expects the public to treat Court personnel in
the same manner.
Failure to
answer the calendar will result in a $50.00
reset fee and suspension of your driver's
license. |
