§ 15. Recorder's court.
(a)
Established; jurisdiction; presiding officer. There shall be a municipal court established for the City of Fort Valley, Georgia, known as the recorder's court, which shall have jurisdiction to try offenses against the laws and ordinances of the municipal government. Said court shall have power to enforce its judgments by inflicting such penalties as may be provided by the ordinances, punish witnesses for nonattendance, and also punish any person who shall counsel or advise; aid, encourage or intimidate a witness whose testimony is material or desired before said court, to absent himself, or to go away or remove beyond the reach of the processes of the court. Said court shall have full jurisdiction throughout the entire county of Houston [now Peach] and full power and authority for the purpose of compelling the attendance before said court, residing anywhere in said County of Houston [now Peach]. Such court shall be presided over by the recorder, or in his absence or disability or disqualification, by the mayor or the mayor pro tem, and said court shall be held at such times and as often as may be necessary to try all offenders against the city ordinances, the time of holding said court to be fixed by the presiding officer.
(b)
Maximum penalty; judicial power. The recorder or mayor or mayor pro tempore of said city shall have power to impose fines for the violation of any law or ordinance of the City of Fort Valley, to an amount not exceeding five hundred dollars ($500.00), or to imprison offenders in the city jail for a period of not more than thirty (30) days or to labor on the streets or public works in the city gang for not more than ninety (90) days. Either one or all of said sentences may be imposed, in the discretion of the presiding officer. He shall also have the same power as judges of the superior courts of the State of Georgia to punish for contempt by a fine not to exceed fifty dollars ($50.00) or imprisonment in the city jail not exceeding fifteen (15) days. He shall be to all intents and purposes a justice of the peace so far as to enable him to issue warrants for offenses committed within the corporate limits of the city, which warrants may be executed by any member of the police force of said city and to try and commit the offenders to the jail of Peach County or admit them to bail in bailable cases for their appearance at the next term of a court of competent jurisdiction to be held in and for said county.
(c)
Election of recorder; qualifications, etc. The mayor and board of aldermen may elect a city recorder, who shall be at least twenty-five (25) years of age and who shall have resided for one year next preceding his election in the City of Fort Valley, and who shall be a qualified voter therein; who shall be a freeholder owning real estate within the corporate limits of the City of Fort Valley; and before entering upon the duties of his office he shall take an oath before some officer authorized to administer oaths, that he will truly, faithfully and honestly discharge the duties of his office to the best of his skill and ability, without fear, favor or affection, reward or the hope thereof and to do even justice between the city and the accused. This oath shall be entered on the minutes of the mayor and board of aldermen. The recorder may be removed from office by the mayor and board of aldermen after trial and conviction had before the same upon written charges of neglect of duty, malpractice in office or other conduct unbecoming his station. The vote of a majority of said mayor and board of aldermen shall be necessary for such conviction and removal. Said recorder when elected shall be clothed with the rights, powers and privileges of the mayor as to said recorder's court, and shall preside over said court. Compensation of said recorder is to be fixed by the mayor and city council of Fort Valley in the same manner as salaries of the mayor and aldermen are now fixed. The said recorder shall be elected for a term of two (2) years.
Editor's note— The limitation on the joint mayor-recorder salary has been omitted. For salaries, see section 13.
(d)
Ministerial officers. The city clerk or some employee designated by the city administrator, shall attend the sessions of said court and act as clerk thereof, who shall sign and issue all processes, summonses, subpoenas, attachments, and all other processes issuing out of said court, all of which shall bear teste in the name of the mayor. The ministerial officers of said court {shall be} shall include the city marshal, the chief of police and the entire police force of said city, any of whom, with the exception of the member designated to act as clerk, may execute and return the mandates of said court, and to whom, in the alternative, all mesne and final process shall be directed. The chief of police, or some member of the police force designated by him shall attend all sessions of said court for the purpose of executing the necessary orders thereof and enforcing order therein.
(e)
Mayor pro tem to preside in disability of recorder and mayor. In the absence, sickness or disqualification of the mayor and of the recorder, the mayor pro tem of said city shall be clothed with all the powers of mayor and shall hold the recorder's court.
(f)
Rules. The mayor and board of aldermen shall have full power and authority to pass all laws and ordinances, rules and regulations necessary and proper to secure the efficient and successful administration of the business of this court.
(g)
Appeals. There shall be no appeal from the judgments or decisions of said recorder's court, except by writ of certiorari to the superior court of said county. Whenever any person convicted in said court, or his attorney, shall give notice that he intends to apply for a writ of certiorari it shall be the duty of the mayor or recorder or other officer presiding over said court to suspend said sentence until said certiorari shall have been heard and determined by said superior court, and in case of appeal from the decision of the superior court to the supreme court or the court of appeals, until there is a final determination of said case, in said court of last resort. But no person convicted in said recorder's court shall be released from custody until he shall have given a good and sufficient bond and security, to be fixed and approved by the presiding officer of said court for his appearance to carry out and perform said sentence in the event the same is affirmed.
(Res. No. 04-0318-13, 3-18-2004)