Attorney General Opinions

Unofficial Opinion 2014-2
 
A member of the Georgia General Assembly may not  serve as a municipal court judge.
 
While the “separation of powers” doctrine does not apply where the issues relate solely to municipal officials utilizing municipal powers, it does apply where it concerns a municipal court judge exercising state judicial powers.  Because of that, the exercise of those state judicial powers by a legislator would be a violation of the constitutional prohibition against a member of one branch exercising the powers of another branch of government.  Therefore, it is my opinion that a member of the Georgia General Assembly may not serve as a municipal court judge.
 
Read the full opinion here.

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