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Chapter Preview Chapter 5 Chapter 5 Chapter Preview TERMS due process, jurisdiction, jury, appeal, superior court, state court, probate court, magistrate court, juvenile court, municipal court, Court of Appeals, Supreme Court, criminal law, civil law, crime, tort, plaintiff, defendant, capital felony, misdemeanor, suspect, grand jury, indictment, arraign, plea, verdict PEOPLE chief justice 108 Georgia Studies for Georgia Students n Chapters 3 and 4, you learned that laws are enacted by the legislature and carried out by the executive branch for the benefit of the people of Georgia. The role of the judicial branch is to interpret the laws of Georgia and to ensure justice in the legal system. It makes sense to study Ithe judicial system. Georgia’s legal system provides guidelines on how to avoid trouble and settle disputes peacefully. In this chapter, you will learn about the structure of Geor- gia’s court system. You will learn more about judges and how they are chosen, and you will learn about the two kinds of courts—trial and appellate—and how they work. You will also learn that the judicial system is designed to handle cases that arise from both criminal law and civil law, and you will explore the difference between these two catego- ries. It is important to know what happens as a case makes its way through a trial, as well as what happens before and after the trial is completed. The guarantee ofdue process, which ensures fair treatment under the law, comes from the Fifth and Fourteenth amendments to the US Constitution and must be observed in all stages. Left: The courtroom of the Supreme Court of Georgia, Georgia’s highest court of appeal, is located in the Justice Building in Atlanta. Chapter 5: Georgia’s Judicial Branch 109 Section1 Georgia’s Court System As you read, look for: • the different types of jurisdiction, • how the court system is organized, • how judges are selected, • what kinds of cases each court handles, • terms: jurisdiction, jury, appeal, superior court, state court, probate court, magistrate court, juvenile court, municipal court, Court of Appeals, Supreme Court. The judicial system is made up of courts that operate at several levels. The Review the authority of the court to decide a case is called jurisdiction. The level of State Court System the court within the system is based on the types of cases it can hear, in other words its ju- risdiction. There are two types of courts- trial courts and appellate courts. Trial courts have origi- nal jurisdiction, the authority to hear a case for the first time. This usually means a trial with witnesses, evidence, a judge, and a jury (citizens chosen to hear evidence in a legal case and Georgia State Courts make a decision based on that evidence). Some types of these courts handle less serious cases and do not have juries involved. Courts with appellate juris- diction can hear cases that were Above: Justice Nels S.D. Peterson decided by a court of original jurisdiction but are being appealed (taken to was appointed by Governor Nathan a higher level for rehearing). No trials are held at the appeal court level, but Deal to the Supreme Court of Georgia the justices review the lower court decisions and determine if they should effective January 1, 2017. be upheld or overruled. 110 Chapter 5: Georgia’s Judicial Branch Supreme Court of Georgia Above: Justice Michael P. Boggs was Courts and Judges appointed to the Supreme Court of Judges in the judicial system in Georgia acquire their positions in differ- Georgia on December 7, 2016, by ent ways. Most judges in the state are elected in contests that do not involve Governor Nathan Deal. political parties (non-partisan). Judges in magistrate and probate courts rep- resent a political party when they run for a judgeship, so those are partisan races. Other judges are appointed to their positions. Trial Courts At the top of the trial courts are the superior courts. The judges of these courts are elected to their positions for four-year terms in circuit-wide elections with no party affiliation. The judge must have been a lawyer for at least seven years, be thirty years old and a resident of the circuit of his court. Circuits may be made up of one or more counties. An area with a high popu- lation may have one county in a circuit. An area with fewer people may have several counties in a circuit. Superior courts hear cases that involve broken laws (criminal cases) as well as cases involving lawsuits such as divorce (civil cases). Serious crimes that are felonies under law are tried in these courts. State courts have limited jurisdiction within one county. Judges of state courts are elected to four-year terms in countywide elections. They do not run as members of a particular political party. They must be at least twenty- five years old, have lived in the state at least three years, and have practiced law for at least seven years. These judges hear cases of less serious crimes like most traffic violations. They can issue search warrants and arrest warrants. Section 1: Georgia’s Court System 111 Probate courts deal with wills and estates and issue marriage licenses and licenses to carry firearms. They also have the authority to appoint le- Something gal guardians or order hospitalization for people who cannot take care of themselves. Some counties may have local ordinances that allow them to Extra! serve other functions. Each county has a probate court. In counties with a population greater than 96,000, judges must be at least thirty years old, and In 1984, the first woman have practiced law for at least seven years. In all other counties, probate court and the first African judges must be at least twenty-five years old, and be high school graduates. American were appointed In all counties, probate judges must be US citizens and have lived in the to the Georgia Court county for at least two years. of Appeals. Every county also has a magistrate court. The chief magistrate is either elected or appointed, as determined by the local laws. The chief magistrate may appoint other magistrates. This kind of judge must be at least twenty-five years of age, have a high school diploma (or its equivalent), and have lived in the county for at least one year. These courts issue warrants and hear cases of minor criminal offenses, and hear civil cases involving amounts of $15,000 or less. No jury trials are held in these courts, and some suits in these courts are handled by the parties themselves rather than lawyers. Figure 9 Georgia’s Court System APPELLATE JURISDICTION Supreme Court 9 Justices Court of Appeals 15 Judges – 5 Divisions ORIGINAL JURISDICTION Superior Court 49 Circuits LIMITED JURISDICTION State Juvenile Probate Magistrate Court Court Court Court 70 Courts 159 Courts 159 Courts 159 Courts 112 Chapter 5: Georgia’s Judicial Branch Because the state of Georgia makes a distinction between adult and youth offenders in its CONASUAGA LOOKOUT APPALACHIAN criminal justice system, there is MOUNTAIN ENOTAH MOUNTMOUNTAINAIN also a juvenile court in each CHEROKEE NORTH-EASTERN county. Juvenile court judges ROME BELL- BLUE RIDGE FORSYTH are appointed by the supe- PIEDMONT NORTHERN TALLAPOOSA rior court judges of the judicial PAULDING COBB GWINNETT WESTERN STONE circuit for four-year terms. DOUGLAS ALCOVY MTN. ALE D TOOMBS C L ATLANTA A ROCK Y They must be at least thirty TO N years old, have practiced law FLINT COWETA OCMULGEE for five years, and have lived in AUGUSTA Georgia for three years. These GRIFFIN TOTOWWALIGAALIGA courts handle cases of deprived MACON CHATTAHOOCHEE and neglected children under MIDDLE OGEECHEE DUBLIN eighteen, delinquent or unruly HOUSTON children under seventeen, and traffic violations committed by OCONEE SOUTH WESTERN EASTERN juveniles. The juvenile court CORDELE ATLANTIC can also hear cases involving petitions by juveniles to marry BRUNSWICK DOUGHERTY TIFTON or enlist in the military. In cas- PATAULA ALAPAHA WAYCROSS es of child custody and child SOUTH GEORGIA support, juvenile courts have SOUTHERN joint jurisdiction with superior courts. Serious juvenile crimes go to superior courts. Municipal courts are those established by cities and towns to deal with traffic violations, Map 6 violations of local regulations, Superior and sometimes to hear misdemeanorMap 6cases - Judicial such as Circuits shoplifting. Municipal court judges are appointed by theClairmont mayors of Georgia their towns 2010 most of the time, Court Circuits although some communities elect051010 their judges to municipal courts. Map Skill: What counties Appellate Courts make up your Superior Court The GeorgiaCourt of Appeals is the second-ranking court in Georgia. circuit? The fifteen judges of this court have the same requirements for qualifica- tions as the Georgia Supreme Court justices. They must be residents of the state and have practiced law at least seven years. The judges choose a chief judge who serves in that role for two years. They are divided into five panels with three judges on each panel. As an appellate court, it only hears cases that are being appealed from the lower courts. The review of this court is intended to correct legal errors made at the trial level court. The panels read the transcripts of trials and the briefs that provide written arguments about the appeal. Occasionally the judges will hear oral arguments from the parties. Section 1: Georgia’s Court System 113 Right: The Elbert P. Tuttle US Court of Appeals Building in Atlanta is the courthouse of the Eleventh Circuit. Elbert P. Tuttle was a member of the court during the civil rights era, when many important rulings were handed down.
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