’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. To qualify as a law actions, misdemeanors and Superior Court Judge, a candidate other cases. Superior Courts may must be at least 30 years old, a citi- also hear appeals from lower courts. zen of Georgia for at least three years, and have practiced law for at The Superior Courts are organized least seven years. Superior Court into 49 judicial circuits. A judicial Judges who have retired and taken circuit is composed of one or more senior status may hear cases in any counties. A Chief Judge handles the circuit at the request of a local administrative tasks for each circuit. judge, administrative judge, or the One or more circuits form an Governor. Vacancies in the Superior administrative district. There are ten Court may be filled by appointment administrative districts in the State of the Governor. of Georgia. An administrative judge

State Court Courts. A State Court is established State Courts were created he by local legislation introduced in the in 1970 by the legislature. General Assembly. State Courts exercise limited jurisdiction within one county. State Court Judges are elected to TThese judges hear misdemeanor four-year terms in nonpartisan, cases including traffic violations, countywide elections. Candidates issue search and arrest warrants, must be at least 25 years old, have hold preliminary hearings in crimi- been admitted to practice law for at nal cases and try civil matters not least seven years, and have lived in reserved exclusively for the Superior the state for at least three years.

8

Juvenile Court has exclusive jurisdiction over juve- Juvenile Courts are he niles who commit certain violent designed to protect the well- felonies including murder, voluntary being of children and to pro- manslaughter, rape and other sexual vide guidance and control conducive offenses, and armed robbery if com- Tto child welfare and the best inter- mitted with a firearm. In addition, ests of the state. This category of the Juvenile Courts have jurisdiction court also secures care for children over minors committing traffic vio- removed from their homes. The lations, enlisting in the military exclusive, original jurisdiction of services, seeking consent to mar- Juvenile Courts extends to delin- riage, and cases involving the quent or unruly children under the Interstate Compact on Juveniles. age of 17, and deprived children under the age of 18. Juvenile Court Judges are generally appointed by the Superior Court Juvenile Courts have concurrent Judges of the circuit to four-year jurisdiction with Superior Courts in terms. Juvenile Court Judges must cases involving capital felonies, cus- be at least 30 years of age, have tody and child support cases, and in practiced law for five years and have proceedings to terminate parental lived in Georgia for three years. rights. However, the Superior Court

9

Probate Court and violations of state game and fish Probate Courts exercise he laws, unless a jury trial is requested. exclusive, original jurisdiction in the probate of wills, admin- Most Probate Court Judges are istration of estates, appointment of elected to four-year terms in county- Tguardians and involuntary hospital- wide, partisan elections. A candidate ization of incapacitated adults and for Judge of the Probate Court must other dependent individuals. All be at least 25 years of age, a high Probate Court Judges administer school graduate, a U.S. citizen and a oaths of office and issue marriage county resident for at least two years licenses. They may hold habeas cor- preceding the election. In counties pus hearings or preside over criminal with a population over 96,000, a preliminary hearings. In counties candidate for Probate Court Judge where there is no State Court, must have practiced law for seven Probate Court Judges may also hear years and be at least 30 years of age. certain misdemeanors, traffic cases

10 Magistrate Court Court Judges) and sets policy for the Magistrate Courts have he Magistrate Court. The number of jurisdiction over civil claims of magistrates in addition to the chief $15,000 or less, certain minor is usually set by majority vote of the criminal offenses, distress warrants county's Superior Court Judges. Tand dispossessory writs, county ordi- nance violations, deposit account Most Chief Magistrates are elected fraud, preliminary hearings, sum- in countywide elections to four-year monses, and arrest and search war- terms. The Chief Magistrate may be rants. No jury trials are held in appointed, if so provided by local Magistrate Court; civil cases are legislation. Terms for other often argued by the parties them- Magistrate Judges run concurrently selves, rather than by attorneys. with that of the Chief Magistrate who appointed them. To qualify as a A Chief Magistrate presides over Magistrate Judge, an individual each of Georgia's 159 Magistrate must reside in the county for at least Courts, one for each county. The one year preceding the term of Chief Magistrate of each county office, be 25 years of age, and have a assigns cases, sets court sessions, high school diploma or its equiva- appoints other Magistrate Judges lent. (with the consent of the Superior

Municipal Court

rants, conduct preliminary hearings, courts are part of the ocal and may have concurrent jurisdic- Georgia court system. These tion over shoplifting cases and cases special courts and courts serving involving possession of one ounce or incorporated municipalities operate less of marijuana. Qualifications of Lunder various names with varying judges and terms of office in jurisdictions. Courts of incorporated Municipal Courts are set by local municipalities try municipal ordi- legislation. nance violations, issue criminal war-

11

The Georgia Court System (showing appellate routes)

* MUNICIPAL COURT MAGISTRATE COURT ROBATE OURT UVENILE OURT TATE OURT 370 courts, P C J C S C 159 courts, 159 courts, 159 judges. 159 courts, 120 judges 72 courts, 116 judges. 350 judges active. 159 chief magistrates; Jurisdiction (limited): and associate judges. Jurisdiction (limited): 354 magistrates. Jurisdiction (limited) • Exclusive jurisdiction Jurisdiction (limited): • Ordinance violations; Jurisdiction (limited): in probate of wills, • Civil law actions except criminal preliminaries; • Search and arrest war- administration of • Deprived, unruly, cases within the exclu- traffic. rants, felony and misde- estates, appointment delinquent juveniles. sive jurisdiction of • Juvenile traffic. *A small number of special meanor preliminaries, of guardians, involun- superior court. courts, authorized by the county ordinances. tary hospitalizations, No jury trials • Misdemeanors, traffic, Georgia Constitution, have • Civil claims of $15,000 marriage licenses. felony preliminaries. limited civil or criminal or less, dispossessories, • Traffic in some coun- Jury trials. jurisdiction throughout a distress warrants. ties. designated county. No jury trials.

SUPERIOR COURT 49 circuits, 197 judges. Jurisdiction (general): • Civil law actions, misdemeanors, and other cases. • Exclusive jurisdiction over cases of divorce, title to land, equity. • Exclusive felony jurisdiction. Jury trials.

Counties with population over 96,000 where probate judge is attorney practicing at least COURT OF APPEALS seven years. 12 judges (4 divisions). Jury trials. Jurisdiction: Appellate jurisdiction over trial courts in cases in which Supreme Court has no exclusive appellate Capital felonies. jurisdiction. Constitutional issues. Title to land. Wills, equity, and divorce.

UPREME OURT 7 justices.S C Jurisdiction: • Appellate jurisdiction over cases of constitu- tional issue, title to land, validity of and con- struction of wills, habeas corpus, extraordinary remedies, convictions of capital felonies, equi- ty, divorce, alimony, election contests. • Certified questions and certiorari from Court of Appeals.

As of January 2007.

12 Judicial District Map

TOWNS Georgia Judicial Districts CAATOOSA FANNIN RABUN DADE C UNION Circuit Boundary WALKER W Appalachianhian HABER- SHAM County Boundary Lookout GILMER Enotahnot Mountainnta STEPHENS Cherokee LUMPKIN CHAATTOOGA GORDON PICKENS DAWSON North- BANKS HART eastern FLOYD Blue HALL 7 JACKSON Rome BAR OW Piedmont ELBERT TON Tallapoosa BARROW Cobb WILKES POLK COBB OCONEEO ALALT LINCOLN Toombs10

GREENE O M COLUMBIA MORGAN C FERR D CARROLL NEWTON A U LI FF TA HENRY IE A WARREN RICHMOND PUTNAM COWETTA JASPER HANCOCK CK HEARD r in BUTTS CO GLAS Augusta

MERIWETHER Ocmulgeemulg BURKE MONROE LAMAR Coweta JONES BALDWIN Towaliga WASHINGT TROUP 6 JENKINS SCREVEN BIBB WILKINSON

CRAWFORD JOHNSON HARRIS Ogeechee TALBOT TWIGGS Chattahoocheeh Maconacon LAURENS Dublin TAYLOR MUSCOGEE MARION BLECKLEYB EFFINGHAM 8 TREUTLEN BULLOCH CHATTA- MACON HOOCHEE Y ER M 3 O PULASKI G EVANS SCHLEY DODGE T WHEELER N Eastern DOOLLY O M BRYAN CHAATHAM STEWART Cordele Oconeeonee WEBSTER ATTNALL SUMTER WILCOX CRISP TELFAIR LIBERTY

QUITMAN TERRELL LONG LEE BEN HILL VISV APPLING RANDOLPH CLAAY 1 BACON McINTOSH DOUGHERTY COFFEE Dougherty WAYNE

PIERCE GLYNN EARLY BAKER ATKINSON BERRIEN BRANTLEY 2 Alapaha WARE COLQUITT COOK MILLER MITCHELL Waycross LANIER Southu CAMDEN Georgiargiar Southernthernh CLINCH CHARLRLTON SEMINOLELE DECAATUR GRADY THOMAS BROOKS LOWNDES

ECHOLS

13

Judicial Council of Georgia Twenty-four representatives of the Judicial Council (OCGA § he appellate and trial courts make up the 15-5-20) is the state-level judicial Judicial Council. The Chief Justice and agency charged with developing Presiding Justice of the Supreme Court policies for administering and improv- act as the Chairperson and Vice- Ting the courts. The state legislature cre- Chairperson, respectively. The Chief ated the Judicial Council in 1973. The Judge and another Judge of the Court council considers requests for new of Appeals; the presidents and presi- Superior Court judgeships, approves dents-elect of the Superior, State, budget requests, and makes other rec- Juvenile, Probate and Magistrate Court ommendations to the General Councils; and the 10 Superior Court Assembly. The Administrative Office of District Administrative Judges complete the Courts (AOC) serves as staff to the Council membership. Council.

August 2006 Chief Justice Leah Ward Sears Judge Betty B. Cason Chairperson Council of Probate Court Judges Supreme Court Judge Walter J. Clarke, II Presiding Justice Carol W. Hunstein Council of Probate Court Judges Vice-Chairperson Supreme Court Judge Thomas C. Bobbitt, III Council of Magistrate Court Judges Chief Judge John H. Ruffin, Jr. Court of Appeals Judge Kimberly Warden Council of Magistrate Court Judges Judge Anne Elizabeth Barnes Court of Appeals District Administrative Judges Judge F. Gates Peed, First District Chief Judge William T. Boyett Council of Superior Court Judges Judge Ronnie Joe Lane, Second District Chief Judge R. Rucker Smith, Third District Judge Arch McGarity Council of Superior Court Judges Chief Judge Gail C. Flake, Fourth District Chief Judge Doris L. Downs, Judge Ben Studdard, III Fifth District Council of State Court Judges Judge A. Quillian Baldwin, Jr., Judge Brenda H. Cole Sixth District Council of State Court Judges Chief Judge Shepherd Lee Howell, Judge Stephen H. Andrews Seventh District Council of Juvenile Court Judges Judge Stan Smith, Eighth District Judge Velma Tilley Judge David E. Barrett, Ninth District Council of Juvenile Court Judges Chief Judge John M. Ott, Tenth District

14

Judicial Council Budget Development • In May, meetings are held with Budget Committee approves the management to develop budget budget. The full Judicial Council requests for the upcoming fiscal year then votes to approve the budget (unexpected costs) and the next fis- request of the Judicial Council. cal year which could include requests for new programs. • On September 1, the approved Judicial Council budget document is • In June, the Judicial Council submitted to the House Budget Budget Committee meets to review Office, the Senate Budget Office preliminary requests of the agency and the Governor's Office of and formulates budget strategies. Planning and Budget.

• In July, the amended budget • Throughout October, November requests for the present year and and December, the Judicial Council budget requests for next year are may field questions from the three prepared for presentation and justifi- budget offices. cation to the Judicial Council Budget Committee. • In January, the Governor releases the Governor's Budget Proposal, • In August, a 2-3 day Judicial which includes the Judicial Branch Council Budget Briefing meeting Request without changes, to the takes place and the Judicial Council House and Senate.

Judicial Council Budget Committee Members

Judge Edward E. Carriere, Jr. Judge Ben Studdard, III State Court of DeKalb County State Court of Henry County Chairperson Judge Velma Tilley Judge Anne Elizabeth Barnes Juvenile Court of Bartow County Court of Appeals Judge Betty B. Cason Judge William T. Boyett Probate Court of Carroll County Conasauga Judicial Circuit Judge Thomas C. Bobbitt, III Judge F. Gates Peed Magistrate Court of Laurens County Ogeechee Judicial Circuit

15

Judicial Council Programs

Appellate Practice and Educational Resource Center monitoring capital litigation in Georgia Appellate Practice he Georgia, for recruiting law firms and and Educational Resource individual attorneys to represent Center (Resource Center) was inmates who are in need of counsel, established in 1988 to facilitate the for providing resource assistance to Trepresentation of death-sentenced attorneys handling capital cases, and inmates by private attorneys work- for directly representing inmates ing on a pro bono basis. The where counsel cannot be located. Resource Center is responsible for

Institute of Continuing Judicial Education The ICJE is a creation of the Institute of Continuing he University Of Georgia School of Judicial Education of Georgia, Law, the Judicial Council of Georgia ICJE, is a resource consortium and the Georgia Supreme Court. It of the Georgia Judicial Branch, the was founded as the Georgia Judicial TState Bar of Georgia, and the four College in 1976, but became the American Bar Association accredited Institute Of Continuing Judicial law schools of the State (Emory, Education in 1979. Today, it is the Georgia State, Mercer and the judicial branch agency designated to University of Georgia). Historically, furnish basic and continuing educa- the UGA Law School has provided tion for elected officials, employees the Institute headquarters space, and volunteer agents of the State administrative personnel, as well as judiciary regarding the judicial other coordinating support and branch. access to UGA resources.

16 Judicial Council Programs

Judicial Qualifications Commission Georgia, three lawyers, each of Judicial Qualifications he whom must have had at least ten Commission was created by years experience, appointed by the Constitutional Amendment in State Bar of Georgia, and two citi- 1972 to conduct investigations and zens, neither of whom shall be Thearings with respect to complaints members of the State Bar, appointed of ethical misconduct by Georgia by the Governor. judges and is also authorized to issue Advisory Opinions regarding appro- All members serve four year terms priate judicial conduct. The or until their successors are appoint- Commission is composed of: two ed and qualified. judges of any court of record select- ed by the Supreme Court of

Office of Dispute Resolution grams; provides training to neutrals Dispute lternative in court ADR programs; imple- Resolution (ADR) refers to ments the Georgia Commission on any means of settling dis- Dispute Resolution's policies regard- putes outside of the courtroom. The ing qualification of neutrals and GeorgiaA Office of Dispute quality of programs; and collects sta- Resolution serves as a resource for tistics from court-connected pro- ADR education and research; pro- grams in order to monitor their vides technical assistance to new and effectiveness. existing court-connected ADR pro-

17 Judicial Commissions & Committees

and Judicial Council or assigned to Administrative Office of he the Judicial Branch. The following the Courts provides staff and commissions and committees are administrative support to spe- those for which the Administrative cial commissions and committees Office of the Courts provides services. Testablished by the Supreme Court

Board of Court Reporting Board of Court Reporting is to Board of Court Reporting he ensure the integrity and competency has developed and implement- of the profession by setting and ed the testing, certification and enforcing the standards by which disciplinary procedures for Georgia court reporters are governed, provid- Tcourt reporters since 1974. The ing a forum for the exchange of Board is comprised of two judges, ideas and providing for educational two attorneys and five certified services. court reporters. The mission of the

Child Support Guidelines Commission members. The Commission mem- Child Support he bers, through their statutory duty, Commission was created by study and collect information and the Legislature (Ga. L. 2005). data relating to awards of child sup- The fifteen member Commission port. The Commission has created Twas appointed by the Governor, and a child support obligation table, includes one Appellate Court Judge, made a comprehensive review of the three Superior Court Judges, two child support guidelines and studied State Senators, two State best practices of other states. Representatives, and seven other

18 Judicial Commissions & Committees

Commission on Children, Marriage and Family Law and identify ways the Georgia judi- new commission has been his ciary can work with others to formed in recognition of the strengthen marriage. need to ameliorate the bur- geoning domestic relations caseload Tin the Georgia Court system, to The Committee on Justice for reduce the high rates of family frag- Children mentation and to ensure justice and The Supreme Court of Georgia protection for Georgia's children. Committee on Justice for Children This Commission will study the (formerly the Child Placement legal issues associated with family Project) was created in 1995 to fragmentation and make recommen- assess and improve court proceed- dations addressing their root causes. ings involving abused and neglected The commission is comprised of children in our courts. Over the past two committees: the Advisory decade the Committee on Justice for Committee on Healthy Marriages Children has worked to enhance the and the Committee on Justice for administration of justice for all fam- Children. ilies coming into contact with the courts through the child welfare sys- The Advisory Committee on tem. The Committee is currently Healthy Marriages focused on five goals: improving the quality of representation for all par- The Advisory Committee on ties; expediting the appellate process Healthy Marriages will seek to pro- for children in need of permanency; tect children and improve child out- developing and reporting data meas- comes by fostering healthy mar- ures for courts; increasing placement riages. It will seek to reduce the stability for children in foster care; domestic relations caseload, educate and preventing unnecessary court personnel and Georgia's citi- removals. zens on the importance of marriage,

19

Judicial Commissions & Committees

County and Municipal Probation Advisory Council dering misdemeanor probation County and Municipal he supervision, counseling and collec- Probation Advisory Council's tion services to courts. CMPAC (CMPAC) mission is to prom- also provides for the inspection and ulgate rules and regulations regard- investigation of such entities and Ting contracts or agreements for the enforcement of registration require- provision of probation services ren- ments by the CMPAC.

Equal Justice Commission Courts and developing new initia- Equal Justice Commission he tives that address racial/ethnic, gen- will develop, coordinate and der bias, access for individuals with maintain policy initiatives to various forms of disabilities and expand access to, and enhance the prejudice in Georgia's courts. Tquality of, Georgia's justice system to assure equal justice for all Georgia citizens. This new commission will The Committee on Civil Justice coordinate the work of two com- The Committee on Civil Justice will mittees, one existing: Access and focus on access to justice issues for Fairness in the Courts, and one new: the poor and unrepresented citizens The Committee on Civil Justice. of Georgia. The committee will assess the unmet civil legal needs of Access and Fairness in the Courts Georgians who cannot obtain equal Committee justice under the law because of income, language, institutionaliza- The Access and Fairness in the tion or other factors, and promote Courts Committee is charged with widespread understanding of the implementing the recommendations importance of equal justice and of made in the Final Reports of the the problems Georgians face in gain- Supreme Court Committee for ing effective access to our civil jus- Gender Equality and the Supreme tice system. Court Commission on Racial/ Ethnic and Gender Bias in the

20

Judicial Commissions & Committees

Georgia Commission on Interpreters the court system. The Commission Georgia Commission on he assists members of the Bench and Interpreters maintains a list of Bar in locating Certified and Registered and Certified Court Registered Court Interpreters Interpreters which can be found throughout the state. The Supreme Tboth online (www.georgiacourts.org) Court of Georgia, through the and in print for distribution to Commission on Interpreters, sets judges, court administrators, and guidelines for the use of interpreters attorneys throughout the state. The in the courts. It also establishes the Georgia Commission on Interpreters Code of Professional Responsibility provides interpreters with opportu- for Court Interpreters. nities for skill development needed to provide professional services to

Georgia Council of Court Administrators and Managers and directors who are appointed, Georgia Council of Court he rather than elected, to their posi- Administrators and Managers tions. The main focus of GCCA is was created in 1997 to pro- to train court managers in the ten mote the profession of court man- core competencies identified by the Tagement. Seminars and conferences Institute of Court Management and are open to any individual interested the National Association for Court in this field. Membership is open to Management. all court managers, administrators

Georgia Courts Automation Commission tion through the establishment of Georgia Courts he standards and information exchange Automation Commission's processes for the benefit of the mission is to facilitate the Courts and citizens of Georgia. automation and sharing of informa- T 21

Judicial Commissions & Committees

Georgia Law School Consortium Fellowship Program increase the number of low-income Georgia Law School he or educationally disadvantaged stu- Consortium Fellowship dents in Georgia's law schools. Program was created by the Participants who are nominated and Supreme Court of Georgia and the successfully complete the program Tlaw schools in Georgia. The goal of may receive partial scholarships. the Fellowship Program is to

Judicial Council Committee on Domestic Violence ices to approximately 5,700 Judicial Council he Georgians each year in all 159 coun- Committee on Domestic ties. The Committee conducts site Violence is an 11 member visits, analyzes six month progress committee that reviews grant appli- reports, and negotiates and monitors Tcations from nonprofit organizations all grant recipient contracts with the to provide legal services to victims of assistance of the Administrative domestic violence. The state appro- Office of the Courts. priated funds provide civil legal serv-

Judicial Council Standing Committee on Drug Courts holders in the Drug Court process Judicial Council Standing he such as prosecutors, public defend- Committee on Drug Courts ers, treatment providers, and proba- consists of Accountability tion and law enforcement officers. Court Judges from Felony Adult As a court-appointed committee, the TDrug Court, Juvenile Drug Court, Drug Court Committee works to set Family Dependency Treatment practices and standards for all of Court and DUI Courts, as well as Georgia's Accountability Courts. advisory members including District Court Administrators, and stake-

22

Judge’s Councils

Council of Superior Court Judges Courts and is governed by the Council of Superior Court he Executive Committee. The Judges was established as a Council's comprehensive responsi- state judicial agency by statute bility is to further the improvement in 1985 (OCGA § 15-6-34). The of Georgia's Superior Courts and TCouncil is composed of the Judges the administration of justice. and Senior Judges of the Superior

Executive Committee Leadership Chief Judge William T. Boyett Judge Stephen S. Goss Conasauga Judicial Circuit Dougherty Judicial Circuit President Secretary-Treasurer

Judge Arch McGarity Judge Daniel M. Coursey, Jr. Flint Judicial Circuit Stone Mountain Judicial Circuit President-Elect Immediate Past President

Executive Director Sandy Spicer Lee 18 Capitol Square, Suite 108 Atlanta, GA 30334 404-656-4964/F 651-8626

23

Judge’s Councils

Council of State Court Judges of the State Courts, the quality and Council of State Court he expertise of the judges thereof, and Judges was created legislatively the administration of justice. The (OCGA § 15-7-26) to effectu- Council consists of 116 active ate the constitutional and statutory judges, who serve in 72 counties, Tresponsibilities conferred upon it by and a number of Senior and Judges law and to further the improvement Emeritus. Executive Committee Leadership Judge Ben Studdard, III Judge Ronald E. Ginsberg Henry County State Court Chatham County State Court President Treasurer

Judge Brenda H. Cole Judge John F. Salter Fulton County State Court Dougherty County State Court President-Elect Immediate Past President

Judge William J. “Sam” Edgar Bacon County State Court Secretary

24 Judge’s Councils

Council of Juvenile Court Judges statistical and other data on the Council of Juvenile Court he courts´ work and services, research Judges sets policies and recom- studies it may make of the problems mends plans to improve justice of children and families dealt with for juveniles (OCGA § 15-11-19). by the courts, and any recommenda- TThe Council may establish general tions for legislation. The Council is policies for the conduct of courts authorized to inspect and copy exercising jurisdiction over children records of the court, law enforce- and may promulgate uniform rules ment agencies, and the Department and forms governing procedures and of Human Resources for the pur- practices of the courts. It shall pub- pose of compiling statistical data on lish an annual report of the work of children. The Council is composed the courts exercising jurisdiction of all judges of the courts exercising over children, which shall include jurisdiction over juveniles.

Executive Committee Leadership Judge Stephen H. Andrews Judge Robert V. Rodatus Thomas County Juvenile Court Gwinnett Judicial Circuit President Juvenile Court Secretary Judge Velma C. Tilley Bartow County Juvenile Court Judge Ellen McElyea President-Elect Blue Ridge Judicial Circuit Juvenile Court Judge Steven Teske Treasurer Clayton County Juvenile Court Vice-President Judge James E. McDonald, Jr. Clarke County Juvenile Court Immediate Past President

Executive Director Eric John 230 Peachtree Street, NW Suite 1625 Atlanta, GA 30303 404-657-5020/F 657-5038 25

Judge’s Councils

Council of Probate Court Judges of the Council of Probate Court Council of Probate Court he Judges. The mission of the Council Judges was established as a is to represent the common interests state judicial agency by statute of probate judges in matters under to effectuate the constitutional and their charge and to enable the pro- Tstatutory responsibilities conferred bate courts to fulfill their statutory on it by law and to further the responsibilities by utilizing all avail- improvement of the Probate Courts able resources including the time, and the administration of justice talent, and experience of their mem- (OCGA § 15-9-15). All 159 bers. Probate Court Judges are members

Executive Committee Leadership Judge Betty B. Cason Judge Darin McCoy Carroll County Probate Court Evans County Probate Court President Secretary-Treasurer

Judge Walter J. Clarke Judge Mike Bracewell Gwinnett County Probate Court Morgan County President-Elect Immediate Past President

Judge Lillis J. Brown Rockdale County Probate Court First Vice-President

26

Judge’s Councils

Council of Magistrate Court Judges upon it by law, to further the Council of Magistrate he improvement of the Magistrate Court Judges was created leg- Courts and the administration of islatively (OCGA § 15-10-7). justice. The Council consists of 159 The purpose of the Council is to Chief Magistrates, 343 Magistrates Tcarry out the constitutional and and a number of Senior judges that statutory responsibilities conferred serve all 159 counties.

Executive Committee Leadership Chief Judge Thomas C. Bobbitt, III Chief Judge Alec Glenn Dorsey Laurens County Magistrate Court Wilcox County Magistrate Court President Secretary

Judge Kimberly Warden Chief Judge Glenda Dowling Fulton County Magistrate Court Pierce County Magistrate Court President-Elect Treasurer

Judge Connie J. Holt Chief Judge Melinda Anderson Morgan County Magistrate Court Liberty County Magistrate Court First Vice-President Immediate Past President

27

Judge’s Councils

Council of Municipal Court Judges Municipal Court Judges throughout Council of Municipal he the state in the execution of their Court Judges (OCGA § 36- duties and promotes and assists in 32-40) was created to further their training. All Municipal Court the improvement of the Municipal Judges, approximately 400, are TCourts and the administration of members of the Council of justice. The Council assists Municipal Court Judges.

Executive Committee Leadership Judge Michael P. Cielinski Judge Kathryn Gerhardt Municipal Court of Columbus Municipal Court of Macon President Secretary

Judge Bill Clifton Judge Charles A. Gravitt, Sr. Municipal Court of Forsyth Municipal Court of Lake City President-Elect Treasurer

Judge John A. Roberts Judge John Kinsley Edwards, Jr. Municipal Court of Lithonia Municipal Court of Valdosta Vice-President Immediate Past President

28

Georgia’s Accountability Courts Accountability Courts take a team Accountability eorgia approach that functions within the Courts (Drug Courts) existing court structure. The Judge, handle cases involving Defender, Prosecutor, law enforce- non-violent drug-using offenders. ment, treatment provider, coordina- GThese courts promote personal tor and others all work together to responsibility by holding the partici- create a balance of authority, super- pant accountable for his or her vision, support, and encouragement actions and behaviors. It is not a for each participant. get out of jail free card. Participants must go through intensive treat- Accountability Courts reduce sub- ment, attend regular court sessions stance abuse, crime and recidivism. before the judge, submit to frequent One year in Accountability Court random alcohol and drug testing, 1 cost Georgia approximately ⁄4 the and home visits, maintain employ- cost of one year in prison. ment, be financially responsible, Accountability Courts save taxpayer support their families, pay fees, and dollars and make expensive prison in some cases, attend school. beds available for violent offenders.

29

Georgia’s Accountability Courts

TOWNS CATOOSA vv FANNINF RABUN DADE M UNION Existing Programs Conasauga v WHITFIELD WALKER Appalachian v HABER- MURRAY F WHITE SHAM v Adult Felony Lookout v MGILMER Enotah Mountain STEPHENS LUMPKIN F Mountain Cherokee v Juvenile Drug CHATTOOGA PICKENS C v GORDON M vMC M Family Drug v F DAWSON ▲ FRANKLIN North- BANKS HART CHEROKEE FORSYTH eastern C DUI FLOYD M Blue C Bell- v Forsyth HALL Northern Ridge JACKSON ▲ Mental Health Rome BARTOW C MADISON ELBERT v Piedmont FULTON C Tallapoosa v C BARROW v OGLETHORPE Cobb CLARKEC WILKES POLKv COBB Gwinnett lding v GWINNETT Western Pau OCONEE v C WALTON HARALSON PAULDING FM C v LINCOLN v StoneF Alcovy DOUGLAS Mtn. ▲ Toombs DEKALB Atlanta GREENE MCDUFFIE COLUMBIA Douglas ROCKDALE F MORGAN M Clay-ON v Rockdale NEWTON CLAYTton ALIAFERRO CARROLL HENRY T FAYETTE C WARREN v Flint RICHMOND PUTNAM COWETA JASPER HANCOCK HEARD Griffinv BUTTS SPALDING GLASCOCK Augusta

MERIWETHER v Ocmulgee BURKE v MONROE v F JEFFERSON PIKE C Coweta LAMAR JONES BALDWIN TROUP Towaliga WASHINGTON C v UPSON SCREVEN F v WILKINSON JENKINS Middle CRAWFORD BIBB JOHNSON HARRIS Ogeechee TALBOT TWIGGS Chattahoochee Macon EMANUEL TAYLOR PEACH Dublin LAURENS MUSCOGEE v MARION HOUSTON BLECKLEY v F EFFINGHAM F▲ TREUTLEN CANDLER BULLOCH

CHATTA- MACON HOOCHEE Houston

PULASKI EVANS SCHLEY DODGE Eastern DOOLY WHEELER TOOMBS MONTGOMERY CHATHAM Atlantic BRYAN C STEWART Southwestern Oconee v WEBSTER Cordele TATTNALL SUMTER WILCOX v CRISP TELFAIR v LIBERTY QUITMAN Brunswick v TERRELL LONG LEE BEN HILL JEFF DAVIS APPLING RANDOLPH v TURNER CLAY Pataula IRWIN BACON McINTOSH DOUGHERTY WORTH COFFEE CALHOUN ▲ WAYNE Dougherty Tifton TIFT PIERCE GLYNN EARLY BAKER ATKINSON BERRIEN BRANTLEY v Alapaha WARE COLQUITT COOK MILLER MITCHELL Waycross LANIER v South CAMDEN Georgia Southern CLINCH CHARLTON SEMINOLE DECATUR GRADY THOMAS BROOKS LOWNDES

ECHOLS

30 Administrative Office of the Courts By law (OCGA § 15-5-24), the Administrative Office of he AOC is specifically required to: the Courts (AOC) was estab- lished by the Georgia General • Assist judges, administrators, clerks Assembly (OCGA § 15-5-22) in of court and other court officers and T1973 to provide administrative sup- employees as requested; port to the Judicial Council, as well • Propose improvements in courts' as, judges and court officials. The administrative and business processes; AOC provides support services to judges and other court personnel in • Compile statistical and financial each class of court: Appellate, data on the work of the courts; Superior, State, Juvenile, Probate, • Analyze data on civil cases for use Magistrate and Municipal. by the courts and the General Assembly; The AOC operates under the direc- tion of the Judicial Council - a 24- • Recommend procedures to expe- member body chaired by the Chief dite the handling of cases; Justice of the Supreme Court with • Act as fiscal officer for the courts representation from the Court of and submit judicial budget appro- Appeals, Superior, State, Juvenile, priations requests; Probate and Magistrate Courts. Georgia's 10 Superior Court District • Recommend ways to improve the Administrative Judges are also mem- judicial system. bers. In addition to these duties, AOC staff also provides administrative support services to special Commissions established by the Supreme Court and the Judicial Council.

31

Administrative Office of the Courts The AOC has five divisions: • Coordinates the annual judicial Administration, Court Services, branch appropriations request; Governmental Affairs, General • Collaborates with state, local, and Counsel, and Planning and federal agencies and organizations Research. The AOC: on issues of mutual concern; • Assists courts in securing grant • Provides fiscal services to 24 funding for pilot projects and devel- organizations with over 200 proj- ops outcomes studies; administers ects; grants for courts; • Provides statewide information • Assists courts to develop accounta- technology support; bility courts for drugs, DUI and •Conducts the annual court caseload mental health; study, analyzes statistical data and • Administers the Judicial Council conducts judgeship studies for the Standing Committee on Drug Judicial Council; Courts grant funding; • Assists judges, court administrators • Staffs judges councils; and jury commissioners with jury • Conducts research for courts and management; provides strategic, business and effi- • Serves as liaison between Judicial ciency planning services; Council and the General Assembly • Works to improve court processes and monitors legislation affecting for all level of courts; the courts; • Assists in educational planning for • Serves as liaison between Judicial courts; Council and State Bar of Georgia • Produces publications to keep the and Executive Branch; judiciary and public up-to-date on • Provides contract services for judi- activities and issues affecting court cial agencies; administration; • Regulates court reporters, court • Staffs commissions and commit- interpreters and private probation tees established by the Supreme companies that contract with the Court and Judicial Council or courts; assigned to the Judicial Branch.

32

Administrative Office of the Courts David L. Ratley Cynthia H. Clanton Director Associate Director General Counsel Debra Nesbit Deputy Director Vince Harris Associate Director Bob Bray Administration Associate Director Research and Planning Christopher Patterson Acting Associate Director Court Services

33 34 Guide to the Judicial Branch Prepared by:

Administrative Office of the Courts 244 Washington Street, Suite 300 Atlanta, Georgia 30334 404-656-5171 www.georgiacourts.org

For more information contact: Debra Nesbit Deputy Director [email protected] 404-656-5171

35 36