Through its roles of interpreting law administering justice, and regulating disputes, Georgia's Judicial Branch serves the state daily.
veryday our lives are affected by r...,__ the business that is conducted throughout the judicial branch. The
decisions that are made, both at the trial court and appellate levels, impact the citizens of Georgia.
et few citizens are familiar with the basic functions and responsibilities of the state's courts, the
judges who preside in them, and the various professionals who work to ensure the business of the judiciary is fairly and efficiently carried out.
here are two levels of court in Georgia: TRIAL COURTS and
APPELLATE COURTS. Each court's jurisdiction the power to hear and determine a case is outlined in the state's
constitution.
eorgia's courts hear both criminal and civil cases. Criminal proceedings are brought against those who are believed to have broken the law; while civil matters involve disputes between individuals or corporations.
Find out more about your court system inside!!
What
Probate Courts Juventle Courts
Court of
AppealS supreme
Court
Trial Courts
Different courts are set up to do different th ings. Georgia ' s courts hear cases based on the subject matter jurisdiction they are given, this may be broad or limited.
MUNIC IPAL courts, or city courts, hear cases that involve violations of city ordinances. A small claims case would be heard in the MAGISTRATE court. A person looking to obtain a marriage license would go to the PROBATE court. In many counties, traffic cases are heard by the STATE court. Cases involving children, those under the age of 18, are dealt with in the JUVENILE court. Felony and divorce cases are heard in SUPERIOR court.
Some general jurisdiction trial courts hear appeals from limited jurisdiction courts.
Appellate Courts
The COURT OF APPEALS OF GEORGIA and the SUPREME COURT OF GEORGIA review cases tried in the state's limited jurisdiction courts.
The State Judicial Building in Atlanta houses courtrooms for both appellate courts.
MUNICIPAL COURTS
Violations of city ordinances Issuance of criminal warrants Preliminary hearings Traffic violations in city limits 370 courts.
_ ..,"'!STRATE CO
Small claims ($15,000 or less)' Minor criminal offenses County ordinance violations Preliminary hearings Arrest & search warrants Check fraud 159 courts, each county has
a magistrate court
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Wills, administration of estates appointment of guardians, involuntary hospitalizations
Marriage and firearm licensing Traffic in some counties 159 courts, each county
has a probate court
Delinquent juveniles under age 18 Child in need of services, abused,
neglected, emancipation proceedings :Juvenile traffic cases 159 courts, each county has a
. juvenile court
Why
Georgias courts of review are set up to correct legal errors or
errors of law made at the trial level. No trials are held at the
Appeqz? appellate level - instead, judges review written records and briefs and hear oral arguments from attorneys.
Appellate Courts
COURT OF APPEALS
Appellate jurisdiction over lower courts in cases in which Supreme Court has no exclusive appellate j u r i s d i c t io n
12 judges, 4 panels of 3 judges
SUPREME COURT
Reviews cases involving: Death Penalty Divorce Constitutionality of law Treaties Wills COURT OF LAST RESORT 7 justices
Georgia's Court System
Judicial Circuits
For purposes of administration in the Superior and Juvenile courts, the state of Georgia is divided into 49 Judicial Circuits. Each circuit is made up of at least one county. Some circuits are made up of many counties.
About Your C/rcutt
Use the state map at right to answer these questions:
I live in the _ _ _ _ _ Circuit. There are _ _ _ _ _ counties in my Circuit. How many Circuits have only one county?_ _ Which Circuit has the most counties?_ _ __
Why are there Judicial Circuits?
Originally judges would "ride the circuit"a wide area made up of many counties visiting each county seat to hear cases.
How are Circuits Named?
Circuit names come from many sources: many are named for a county within the circuit while others are named for rivers or other landmarks. Many have names derived from Native American culture.
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Lee County Courthouse
Just like the United States government, Georgia has three branches of government- Legislative, Executive, and Judicial. "The Third Branch," as the judiciary is often called, is an equal participant in the checks-and-balances system of government. Each branch of government has its particular function. The Legislative Branch makes laws. The Executive Branch makes sure the laws are being followed. The Judicial Branch interprets the laws.
Executtve
1Xc:mch
Courthouses
Each of Georgia ' s 159 counties has a courthouse located in the city that serves as its county seat. While many counties have built new facilities in recent years, some of the courthouses aro und the sta te were built in the 1800s and are still being used.
The courthouse for my county is located in: - - - - - - - It was built in this year: _ _ _ __ Its ar chitectural style is: _ _ _ __
Need help answering these quest ions? Take a look at the Carl Vinson Institut e's Historical Atlas of Georgia Counties webpage: http://georgiainfo. galileo.usg.edu/ hist countymaps/index .htm
to Supreme Court justices, Georgia's judges come from all walks of life. Many of the men and women who serve on the bench are native Georgians. Others have moved here from different states or from
other countries. The judges of the Superior Court bench of the Eastern Judicial Circuit (below} illustrate how diverse Georgia's judges are.
Judge JatMes F. Jass, Jr.
Earned law degree from Cornell University. Presides over the Savannah/ChathamCo. Drug Court.
Chief Judge Michael L. Karpf
Born in Savannah, GA. Has served on superior court bench for 20+ years.
Judge Joht1 E. Morse
Speaks Spanish. Enjoys Bowling and Grilling.
Traveled the world as an Air Force brat. Presides over the Savannah/Chatham Co.
Mental Health and Veterans Courts.
Born in Durban, South Africa. Earned law degree from Tulane University.
Enjoys visiting Ossabaw Island.
Superior Court: State Court: Juven ile Court:
Probate Court: Magistrate Court: Municipal Court:
JudI.c.Ial SeIectl0 n
A person can become a judge in one of two ways: APPOINTMENT or ELECTION.
APPOINTMENT- The Governor may appoint a qualified candidate to fill a vacancy on the appellate courts, superior court, or state court. To remain on the bench, an appointed judge must run for the office in future elections.
ELECTION - A sitting judge must run for re-election at the end of each term of office. Challengers may run against the incumbent for the seat. If a judge is retiring at the end of a term, the seat is considered 11open, 11 and a new judge will be elected from the announced candidates.
Most judges in Georgia run for offic in elections which are nonpartiso , meaning candidates are not affiliated with any political party.
Justices of the Supreme Court and judges of the Court of Appeals are elected to six-year terms. Judges of the Superior, State, Probate, and Magistrate courts serve four-year terms.
What Do Judges Do?
Newly appointed gubernatorial appointees are sworn-in by the Governor. ~ -
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The judge's role in a TRIAL COURT is to review and determine relevance of evidence as it is presented. During a BENCH TRIAL, the judge hears evidence then determines guilt and sentencing.
APPELLATE JUDGES must review materials from cases that have been tried in the trial courts and determine if procedural errors have occurred and if a new trial is warranted.
Whds@ the Courthouse
The complex nature of the state's judicial system requires the expertise of many professionals whose roles are essential for the judiciary to function efficiently and properly. Here are a few of those professionals you are likely to encounter at your county courthouse.
Judge
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e~koevserruc\a\nsgess
on m
base d
n ev\dence o d renders
presen\e , cases.
verd.'c\s \n som.e
Court AdHtli!JStrator
manages the business and daily operations of the court
provides security for courthouse nd maintains order in courtroom.
Attorne~
represents the interest of a client in a case.
PROSECUTORS (District Attorney or Solicitor) Acts on behalf of the state in prosecuting those believed
to have broken the law.
PLAINTIFF'S ATTORNEY Advocates for a person
who brings a case to civil court.
DEFENSE ATTORNEY Advocates for persons accused of committing a crime or respondent in a civil case. Indigent defendants, those with
limited financial resources, may be eligible for a PUBLIC DEFENDER.
Co11rt
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trrals or in depositions.
Court Clerk
preserves and maintains the records of the court.
TlteJur'l
Citizens are sometimes called upon to serve on juries on both criminal and civil trials. The jurys responsibility is to listen to testimony and arguments made by each side in a case. The jury must determine guilt (criminal trial) or liability (civil trial) and pass sentence, if appropriate.
Marla S. Moore, Director Administrative Office of the Courts 244 Washington Street, SW, Suite 300 Atlanta, GA 30334
Georgias Court System @2014