Your Guide 2017 Final

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Georgia’s Court System

The Georgia court system has six classes of trial-level courts: the superior, state, juvenile, probate, magistrate, and municipal courts.
There are two appellate-level courts: the Supreme Court and Court of Appeals.

Trial Courts of The mission of the juvenile courts is to


assist and protect children in securing their Courts of Review
General Jurisdiction
moral, emotional, mental, and physical
welfare as well as the safety of both the
child and community. It is the intent of the
Supreme Court of Georgia
courts that the necessary care, guidance,
The Supreme Court of Georgia, the state’s
Superior Court and control occur in the child’s own home,
with a focus on community-based programs,
highest court, reviews decisions made by
other courts in civil and criminal cases. This
instead of detention centers.
The superior court exercises broad civil and court alone rules on questions involving the
Juvenile court judges are appointed by the
criminal jurisdiction. Superior court judges constitutionality of state statutes, all criminal
superior court judges of the circuit, unless
preside over all felony trials, have exclusive cases involving a sentence of death, and peti-
local law provides for elections.
jurisdiction over divorces and may correct tions from decisions of the Court of Appeals.
errors made by limited jurisdiction courts. No trials are held at the appellate level; oral
The forty-nine superior court circuits in
Georgia are made up of one or more coun-
Probate Court arguments are heard by the entire court.
Each case accepted for review by the Su-
ties; each circuit has a chief superior court Original jurisdiction in the probate of wills preme Court is assigned to one of the nine
judge and other judges as authorized by the and administration of decedents’ estates justices for preparation of a preliminary
General Assembly. is designated to the probate court of each opinion (decision) for circulation to all other
Superior court judges are constitutional county. Probate judges are also authorized justices. The justices review trial transcripts,
officers who are elected to four-year terms in to order involuntary hospitalization of an case records, and the accompanying legal
circuit-wide nonpartisan elections. Certain incapacitated adult or other individual, briefs prepared by attorneys. An opinion is
vacancies that occur in superior court are and to appoint a legal guardian to handle adopted or rejected by the Court after thor-
filled by appointment of the Governor. the affairs of certain specified individuals. ough discussion by all the justices in confer-
A candidate for superior court judge must Probate courts issue marriage licenses and ence.
be at least 30 years of age, a lawyer who has licenses to carry firearms. The Chief Justice and Presiding Justice
practiced for seven years, and a resident of In counties where no state court exists, serve as officers of the court for two-year
the state for three years. probate judges may hear traffic violations, terms. The Chief Justice presides at official
certain misdemeanors, and citations involv- sessions of the Supreme Court and confer-
ing the state game and fish laws. Many ences of the justices. The Supreme Court is
probate judges are authorized to serve as assigned oversight of the legal profession
Trial Courts of the county elections supervisor; they also
administer oaths of office and make ap-
and the judiciary, as well as other designated
duties.
Limited Jurisdiction pointments to certain local public offices. In
counties where the total population exceeds
90,000, the probate judge must be a licensed Court of Appeals of Georgia
attorney who has practiced law for seven
years. The Court of Appeals is the court of first
State Court review for many civil and criminal cases de-
cided in the trial courts. The purpose of such
State courts exercise limited jurisdiction Magistrate Court a review is to correct legal errors or errors of
within one county. These judges hear mis- law made at the trial level, not to alter jury
demeanors including traffic violations, issue Magistrate courts are county courts that verdicts or the outcome of bench trials.
search and arrest warrants, hold preliminary issue warrants, hear minor criminal offens- The Court of Appeals has fifteen judges
hearings in criminal cases, and try civil mat- es and civil claims involving amounts of who are assigned to one of five panels made
ters not reserved exclusively for the superior $15,000 or less. A chief magistrate is usually up of three judges each. Once a case is as-
courts. A state court is established by local elected in each county; other magistrates signed to a panel, the judges review the trial
legislation introduced in the General Assem- may be appointed by the chief magistrate, transcript, relevant portions of the record,
bly. though some also run for election. and briefs submitted by the attorneys for the
State court judges are elected to four-year Magistrate court is the court of first resort parties. Panels also hear oral arguments in
for many civil disputes including: coun- a small number of cases. Panel decisions are
terms in county-wide nonpartisan elections.
ty ordinance violations, dispossessories, final unless one judge dissents. If necessary,
Certain vacancies in state court are filled by
landlord/tenant cases, and bad checks. In a case may be reviewed by the full court.
appointment of the Governor.
criminal matters magistrates hold prelimi-
nary hearings; issue search warrants to law
enforcement and also warrants for the arrest
Juvenile Court of a particular person. In some criminal mat-
ters magistrates are authorized to set bail for
Juvenile courts handle all cases involving defendants.
juveniles under 18 who are alleged to be No jury trials are held in magistrate court;
delinquent; those who are abused, neglect- civil cases are often argued by the parties
ed, or without a parent or guardian; those themselves, rather than by attorneys.
considered to be children in need of services,
guidance, or counseling, including truants,
runaways, and ungovernable juveniles; and Municipal Court Court Funding
traffic violations committed by those under Cities in Georgia establish municipal courts
the age of 17. The juvenile courts also hear to adjudicate traffic offenses; local ordi- At the appellate level, salaries and opera-
cases involving consent to marriage for nance/violation cases (involving building tion expenses are funded from from state
minors, enlistment of minors in the military, code matters that include illegal dumping, revenues. Funding for the superior and
and emancipation proceedings. excessive noise, zoning, animal control, and juvenile courts is shared by state and county
Juvenile courts have concurrent juris- similar cases); conduct preliminary criminal funding sources. Limited jurisdiction courts
diction with probate courts in permanent hearings; issue warrants; abate nuisances; are funded solely by city or county govern-
guardianship proceedings over minors and and in some cities hear misdemeanor shop- ments.
may also handle legitimation and child sup- lifting, criminal trespass, and possession of
port matters arising in pending dependency marijuana cases.
cases. Original jurisdiction over juveniles 13 Municipal court judges are often appoint-
to 17 who commit certain violent felonies ed by the mayor or city council; some are
resides in the superior courts. elected.

Your Guide 2017.indd 1 5/16/17 10:27 AM


www.georgiacourts.gov
404-656-5171

Atlanta, GA 30334
244 Washington Street, SW, Suite 300
Judicial Council/Administrative Office of the Courts
Atlanta, GA 30334
244 Washington Street, SW, Suite 300
COURTS Administrative Office of the Courts
Judicial Council

GEORGIA
Your Guide to the
other judicial branch programs.
sider judgeships, budgetary matters, and
Council meets several times a year to con-
and the President of the State Bar. The
the appellate and trial courts of the state
sists of twenty-seven judges representing
Membership of the Judicial Council con-
Justice of the Supreme Court of Georgia.
a policy-making body chaired by the Chief
under the guidance of the Judicial Council,
cial Counil of Georgia, the AOC operates
As an administrative arm of the Judi-
judicial branch commissions and councils.
serves as the fiscal officer for a variety of
riety of formats. In addition the JC/AOC
the Georgia courts for distribution in a va-
efforts, and produces media content about
sponsors court technology and automation
and several justice related commissions,
courts, staffs Judicial Council Committees
annual caseload reporting for all classes of
courts of Georgia. The agency oversees the
1973 to provide support services to the
Office of the Courts was established in
The Judicial Council/Administrative

Serving the Courts

At the Courthouse The Georgia Court System (showing appellate routes)

Georgia courts have authority over specific SUPREME COURT


types of cases as set forth in the Constitu- 9 justices
tion of the State of Georgia. Limited juris-
Jurisdiction:
diction courts — municipal, magistrate, • Appellate jurisdiction over cases of constitutional issue, habeas
probate, juvenile, and state — hear traffic corpus, convictions of capital felonies, election contests, and matters
of equity and extraordinary remedies in which a sentence of death
and criminal misdemeanor cases and civil Capital felonies. was imposed or could be imposed and those cases concerning the
Constitutional issues. execution or sentence of death.
cases involving lesser amounts of money. • Certified questions and certiorari from Court of Appeals.
Superior court jurisdiction is more exten-
sive including felony offenses, domestic
relations cases, and civil matters, etc. The
COURT OF APPEALS
appellate courts review records of cases
15 judges (5 divisions).
tried in limited and general jurisdiction
courts to determine if procedural errors or Title to land.
Jurisdiction:
•Appellate jurisdiction over trial courts in cases in which Supreme
errors of law that could have altered the Wills, equity, divorce.
Court has no exclusive appellate jurisdiction.
outcome of the case were made at trial. Counties with population
over 90,000 where probate
Most citizens who come to court are in- judge is attorney practicing
at least seven years.
volved in matters that are settled in limited Jury trials.

jurisdiction courts. Only a small percent- SUPERIOR COURT


49 circuits, 213 judges.
age of cases disposed by the trial courts are
Jurisdiction (general):
appealed to a higher court. • Civil law actions, misdemeanors, and other cases.
Managing today’s court operations re- • Exclusive jurisdiction over cases of domestic relations, title to land,
equity.
quires the expertise of many professionals • Appellate review of limited jurisdiction courts in certain circum-
stances
other than judges. Court administrators, • Exclusive felony jurisdiction.
court clerks, prosecutors, jury managers, Jury trials.
and court reporters are only a few of the
staff members who are essential to keep-
ing our trial and appellate courts working MUNICIPAL COURT* MAGISTRATE COURT PROBATE COURT JUVENILE COURT STATE COURT
smoothly. Issues and decisions regarding 370 courts, 159 courts, 159 courts, 159 courts, 71 courts,
automation technology, courthouse design 352 judges. 159 chief magistrates, 159 judges. 94 judges*. 129 judges.

and security, preservation and safekeeping


333 magistrates.
Jurisdiction (limited): Jurisdiction (limited): Jurisdiction (limited): Jurisdiction (limited):
of records make the business of court ad- • Ordinance violations; Jurisdiction (limited): • Exclusive jurisdiction • Children In Need of • Civil law actions
criminal preliminaries; • Search and arrest war- in probate of wills, Services (CHINS); De- except cases within the
ministrators and other courthouse person- traffic. rants, felony and misde- administration of pendency, Termination exclusive jurisdiction of
meanor preliminaries, estates, appointment of of Parental Rights and superior court.
nel both complex and indispensable. *A small number of special county ordinances. guardians, involuntary Delinquency. • Traffic, all criminal cases
courts, authorized by the • Civil claims of $15,000 hospitalizations, mar- No jury trials. below felony grade.
Georgia Constitution, have or less, dispossessories, riage licenses, weapons • Appellate review of
limited civil or criminal distress warrants. carry licenses. *Additionally, four superior magistrate court civil
jurisdiction throughout a No jury trials. • Traffic, elections, and court judges have juvenile cases.
designated county. vital records in some court jurisdiction. Jury trials.
No jury trials. counties.

As of January 2017.

Your Guide 2017.indd 2 5/16/17 10:27 AM

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