Municipal Court – Paris v. City of Atlanta, A23A0584, 2023 WL 3880129 (Ga. Ct. App. June 8, 2023)
Further, when acting as a committing court or a court of inquiry,4 a municipal court judge “shall have authority to bind over or commit to jail offenders against any criminal law whenever, in the course of an investigation before such officer, a proper case therefor is made out by the evidence.” (Emphasis supplied.) OCGA § 17-7-22.
Here, however, the municipal court never acted as a court of inquiry with regard to the accusation alleging state law offenses because it was never presented with any evidence from which it could make a determination of probable cause or a determination to bind over the case to state court.