’s Legislator Guide to the Judicial Branch January 2007 2 Table of Contents Georgia’s Court System . .4 Supreme Court . .5 Court of Appeals . .7 Superior Court . .8 State Court . .8 Juvenile Court . .9 Probate Court . .10 Magistrate Court . .11 Municipal Court . .11 Georgia Court System (with appellate routes) . .12 Judicial Circuit Map . .13 Judicial Council of Georgia . .14 Judicial Council Budget Developments . .15 Judicial Council Programs . .16 Judicial Council Commissions and Committees . .18 Judge’s Councils . .23 Council of Superior Court Judges . .23 Council of State Court Judges . .24 Council of Juvenile Court Judges . .25 Council of Probate Court Judges . .26 Council of Magistrate Court Judges . .27 Council of Municipal Court Judges . .28 Georgia’s Accountability Courts . .29 Administrative Office of the Courts . .31 3 Georgia's Court System felony offenses, divorce cases and open, independent, n civil matters involving corporations. impartial court system pre- The appellate courts review records serves the fundamental of cases tried in limited and general rights of citizens. Almost all citizens jurisdiction courts to determine if willA come in contact with a court at procedural errors or errors of law that some point in their lives: could have altered the outcome of • to report for jury duty the case were made at trial. The • to settle a traffic ticket Supreme Court of Georgia is the • to testify in court final appellate court in Georgia. • to settle a lawsuit • to probate a family member’s will Managing today’s court operations • to adopt a child requires the expertise of many profes- • to get a divorce, request child sup- sionals other than judges. Court port, or gain custody of a child administrators, court clerks, jury • as a result of being accused of managers, court reporters and infor- committing a crime. mation technology professionals are only a few of the staff members who Georgia's court system is organized are essential to keeping our trial and in three levels - limited jurisdiction, appellate courts working smoothly. general jurisdiction and appellate. Issues and decisions regarding Our courts have authority over spe- automation technology, courthouse cific types of cases as set forth in the design and security, preservation and Constitution of the State of Georgia. safekeeping of records make the busi- Limited jurisdiction courts - State, ness of court administrators and Juvenile, Probate, Magistrate and other courthouse personnel both Municipal Courts - hear traffic, mis- complex and indispensable. demeanor cases and some civil cases. General (Superior Courts) jurisdic- tion is more extensive including 4 Supreme Court appointed by the Court, prepares Supreme Court of Georgia he the calendar of cases to be argued or is a judicial body whose pri- submitted. Cases are argued before mary function is to review the full court. Since the Supreme decisions made by lower courts in Court is an appellate court, the par- Tthe state's judicial system or by its ties are not usually present. Each subordinate agencies, and to rule on side has a maximum of 20 minutes questions involving the constitution- to present its argument orally to the ality of state statutes. The Supreme Court, except in death penalty cases, Court has exclusive appellate juris- which are allotted 30 minutes per diction for all cases involving the side. The justices do not make a construction of a treaty or of the decision on that day. However, the Constitution of the State of Georgia Georgia constitution mandates that or of the United States and all cases the Supreme Court must render a in which the constitutionality of a decision within two terms. law, ordinance or constitutional pro- vision has been drawn into question; The cases are assigned in rotation to and all cases of election contest. The the justices for preparation of opin- court has general appellate jurisdic- ions and decisions of the whole tion for: Court. An opinion is prepared by • cases involving title to land the assigned justice and circulated to • all equity cases the other justices for study and • all cases involving wills review. After further discussion • all habeas corpus cases en (all of the justices participate), • all cases involving extraordinary banc the opinion is either adopted or remedies redrafted and reconsidered until a • all divorce and alimony cases decision is reached by a majority. If • all cases certified to it by the a justice is unable to serve in a par- Court of Appeals, and ticular case, or is disqualified, a sub- • all cases which a sentence of death stitute judge may be designated was imposed or could be imposed. from the Court of Appeals or the Superior Courts. The Supreme Court of Georgia hears oral argument each month, Rules are adopted by the Supreme except August and December. There Court for its administration and for are three terms each year: January the guidance of the bar and litigants. term, April term and September The Rules of the Supreme Court are term. Briefs for each side are published in the official reports of accepted by the Court. The Clerk of the Court and are available from the the Supreme Court, a position 5 Supreme Court clerk of the Supreme Court as well as on the Supreme Court's website The State Bar of Georgia was creat- (www.gasupreme.org). ed as an administrative arm of the Court with the powers and duties The Chief Justice of the Supreme prescribed in the order creating it. Court is usually the most senior judge who has not previously served The Supreme Court has the duty of as Chief Justice. The Chief Justice setting standards for the admission is elected by members of the court of attorneys to the practice of law. to two two-year terms and is respon- In keeping with this obligation, the sible for the administration of the Office of Bar Admissions was estab- court. The court also elects a lished by the Supreme Court and Presiding Justice in the same man- given the responsibility as the ner. The Chief Justice and the Administrative Office for the State Presiding Justice form the Executive Board of Bar Examiners and the Council. Board to Determine Fitness of Bar Applicants. The seven Justices of the Court are elected to staggered six-year terms in The Board to Determine Fitness of statewide, non-partisan elections. A Bar Applicants investigates the back- candidate for the Supreme Court grounds of those persons who desire must have been admitted to the to be admitted to the practice of law practice of law for at least seven in Georgia and recommends to the years. Vacancies in the Supreme Board of Bar Examiners only those Court may be filled by appointment applicants who possess “the charac- of the Governor. ter and moral fitness to practice law...” this recommendation forms a The State Bar of Georgia was creat- part of the applicant’s application ed pursuant to an order of the for admission to the Bar examina- Supreme Court dated December 6, tion. This Board is composed of 1963. The purpose of the State Bar both attorneys and lay persons who of Georgia is: serve without compensation, other (a) to foster among the members of than the reimbursement of travel the Bar of the State the principles of expenses. The Board to Determine duty and service to the public; Fitness of Bar Applicants funds its (b) to improve the administration of operations primarily from the fees justice; and paid by the applicants. (c) to advance the science of law. 6 Court of Appeals a larger number of judges of the Court of Appeals is the he Court of Appeals for decision. court of first review for many civil and criminal cases heard The Chief Judge of the court is usu- by the trial courts. The purpose of ally the most Senior Judge who has Tsuch a review is to correct legal not already served as Chief Judge. errors or errors of law made at the The Chief Judge is elected by the trial level, not to alter jury verdicts court to a two-year term and is or the outcome of bench trials. This responsible for the administration of court may also certify legal questions the court. Each year the Chief to the Supreme Court. The Court of Judge appoints four Presiding Appeals of Georgia follows the same Judges, usually the most senior, to three terms as the Supreme Court. head each panel. The Chief Judge and the Presiding Judges form the The Court of Appeals has twelve Executive Council. judges who are assigned to one of four panels made up of three judges Judges of the Court of Appeals are each. Once a case is assigned to a elected to staggered, six-year terms panel, the judges review the trial in statewide, non-partisan elections. transcript, relevant portions of the A candidate for judgeship must have record, and briefs submitted by the been admitted to the practice of law attorneys for the parties. Panels also in Georgia for at least seven years. hear oral arguments in a small num- Vacancies in the Court of Appeals ber of cases. Panel decisions are may be filled by appointment of the final unless one judge dissents. If Governor. necessary, a case may be reviewed by 7 Superior Court is elected for a two year term by all Superior Courts are he the Superior Court Judges in each Georgia's general jurisdiction district to provide administrative trial courts. They have exclu- oversight. sive, constitutional authority over Tfelonies, divorces, equity cases, and Superior Court Judges are elected to matters regarding title to land. They four-year terms in nonpartisan, cir- also may have jurisdiction for civil cuit-wide races.