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Georgia's Court System

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Georgia's Court System 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. The mission of the juvenile courts is to Trial Courts of assist and protect children in securing their Courts of Review moral, emotional, mental, and physical General Jurisdiction 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 and control occur in the child’s own home, highest court, reviews decisions made by Superior Court with a focus on community-based programs, 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 arguments are heard by the entire court. Georgia are made up of one or more coun- Probate 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. Pro bate 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 and the judiciary, as well as other designated administer oaths of office and make -ap duties. pointments to certain local public offices. In Limited Jurisdiction counties where the total population exceeds 90,000, the probate judge must be a li censed Court of Appeals of Georgia attorney who has practiced law for seven years. The Court of Appeals is the court of first review for many civil and criminal cases de- State Court 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 Magistrate courts are county courts that demeanors including traffic violations, issue 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 es and civil claims involving amounts of hearings in criminal cases, and try civil mat- 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- terms in county-wide nonpartisan elections. a small number of cases. Panel decisions are ty ordinance violations, dispossessories, Certain vacancies in state court are filled by final unless one judge dissents. If necessary, appointment of the Governor. landlord/tenant cases, and bad checks. In a case may be reviewed by the full court. criminal matters magistrates hold prelimi- nary hearings; issue search warrants to law enforcement and also warrants for the arrest of a particular person. In some criminal mat- Juvenile Court 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 At the appellate level, salaries and opera- to adjudicate traffic offenses; local ordi- 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- guardian ship 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 Atlanta, GA 30334 Atlanta, 300 Suite SW, Street, 244 Washington ofthe Courts Office Council/Administrative Judicial 404-656-5171 Atlanta, GA 30334 GA Atlanta, 244 Washington Street, SW, Suite 300 Suite SW, Street, Washington 244 COURTS Courts the of Office Administrative Judicial Council Judicial GEORGIA GEORGIA Your Guide to the to Guide Your other judicial branch programs. programs. branch judicial other sider judgeships, budgetary matters, and and matters, budgetary judgeships, sider - con to year a times several meets Council and the President of the State Bar. The The Bar. State the of President the and the appellate and trial courts of the state state the of courts trial and appellate the sists of twenty-seven judges representing representing judges twenty-seven of sists - con Council Judicial the of Membership Justice of the Supreme Court of Georgia. Georgia. of Court Supreme the of Justice a policy-making body chaired by the Chief Chief the by chaired body policy-making a under the guidance of the Judicial Council, Council, Judicial the of guidance the under cial Counil of Georgia, the AOC operates operates AOC the Georgia, of Counil cial - Judi the of arm administrative an As judicial branch commissions and councils. and commissions branch judicial serves as the fiscal officer for a variety of variety a for officer fiscal the as serves riety of formats. In addition the JC/AOC JC/AOC the addition In formats. of riety - va a in distribution for courts Georgia the efforts, and produces media content about about content media produces and efforts, sponsors court technology and automation automation and technology court sponsors and several justice related commissions, commissions, related justice several and courts, staffs Judicial Council Committees Committees Council Judicial staffs courts, annual caseload reporting for all classes of of classes all for reporting caseload annual courts of Georgia. The agency oversees the the oversees agency The Georgia. of courts 1973 to provide support services to the the to services support
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