Georgia court guide to statistical reporting

Georgia Court Guide to Statistical Reporting
A project of the Judicial Council of Georgia and the Administrative Office of the Courts
Published by the Judicial Council of Georgia and the Administrative Office of the Courts in compliance with OCGA 15-5-24 and by Order of the Supreme Court of Georgia dated June 12, 1978. All rights reserved.
Judicial Council of Georgia Administrative Office of the Courts 244 Washington Street SW, Suite 300
Atlanta, GA 30334 404-656-5171
www.georgiacourts.gov
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Acknowledgments
The Georgia Court Guide to Statistical Reporting has existed under various names since the inception of the Administrative Office of the Courts (AOC). While the AOC oversees the collection of data, the efforts of countless state and local officials have contributed to valid and reliable results over the years. These officials include court judges, clerks, court administrators, prosecutors, and others. The Office of Research, Planning, and Data Analysis is grateful to all who have helped, and staff acknowledges their dedication to improving Georgia's judicial data collection. The annual caseload collection project would not be possible without the leadership of all past and present Judicial Council and Judicial Workload Assessment Committee members. Their commitment to the project is crucial to improving Georgia's judiciary through careful research and analysis of court data.
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Table of Contents

Overview

4

Section 1 Superior Court

6

Section 2 State Court

15

Section 3 Juvenile Court

18

Section 4 Probate Court

21

Section 5 Magistrate Court

26

Section 6 Municipal Court

29

Section 7 Data Submission and Verification

32

Section 8 Caseload Reporting Timeline

33

Section 9 Contact Information

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Overview
The Georgia Court Guide to Statistical Reporting (Guide) is a standardized reporting framework for Georgia trial court statistics. The statistics reported through this framework are compiled, analyzed, and published by the Administrative Office of the Courts' (AOC) Office of Research, Planning, and Data Analysis (Research).
Since 1976, the Judicial Council of Georgia (Council) and AOC have worked with local officials to measure activity in Georgia courts. The ongoing efforts produce statistics for supreme, appeals, superior, state, juvenile, probate, magistrate, civil, recorder's, and municipal courts. Georgia law requires the AOC to "compile statistical and financial and other information on the judicial work of the courts and on the work of other offices related to and serving the courts," (OCGA 15-5-24 (3)) and so, the AOC serves as the state archive of these court caseload information.
The collected data is used to support state and county resource decisions and to assist in policy development. In addition, statewide caseload activity is reported to the National Center for State Courts and other national organizations that inform justice system stakeholders about Georgia's courts. The caseload data serve as an historical description of the courts the published data are used by judicial branch agencies, state and local executive agencies, project and program managers, and grant applicants to support ongoing process and operational improvements. Superior Court data is also used in the assessment of judicial workload which can lead to recommendations for additional judgeships to the Governor and the General Assembly.
Due to Georgia's non-unified court system, each class of court and their respective circuits, counties, and cities vary in their administrative structure. Regardless of their organization, the Council and AOC have set for themselves the same task: to map caseload data to the reporting framework in this guide. Without common definitions and a standard format for classification, the goal of the Council and AOC could not be achieved.
The Guide is divided into a section for each type of trial court in Georgia. Within each section, the Guide contains common definitions for how cases should be classified and counted. Court case management systems should be capable of generating reports that meet the requirements of the Guide. Individual vendors can provide guidance on their specific product capabilities. AOC personnel are available to discuss the Guide and assist courts, clerks, and vendors with reporting. Submission instructions can be found in Section 7.
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Note that all categories, case types, and case statuses are defined as they apply to the Guide, and therefore, categories may vary somewhat from other definitions or common usage in a particular area.
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Section 1 Superior Court

Introduction

The 159 superior courts are general jurisdiction trial courts exercising both civil and criminal jurisdiction. Superior court judges hear all felony cases, domestic relations cases, equity cases, and other civil matters. Superior courts have jurisdiction to hear appeals from lower courts as provided by the Georgia Constitution, including appeals of judgments from the probate and magistrate courts that are handled as de novo appeals. The superior courts are organized into 49 judicial circuits made up of one or more counties. Judicial circuits and new superior court judgeships are established by act of the General Assembly. Superior court judges are constitutional officers who are elected to four-year terms in circuit-wide nonpartisan elections. Senior superior court judges may hear cases as assigned in any circuit.

For reporting in the Georgia framework, superior court caseload is divided into three major categories: criminal, domestic relations, and general civil. Within each case category, the Guide contains specific decision rules for how cases should be classified. The superior court reporting framework described in the Guide is to be used for reporting the caseloads of superior courts to the Administrative Office of the Courts. That reporting is accomplished either through MyAOC (Section 7) or through the caseload reporting form provided in this guide. Domestic relations and general civil caseload information is transmitted directly to the AOC via SSCIS. The AOC displays this data in MyAOC. Each clerk is responsible for reviewing the county's data and verifying its accuracy or correcting the totals in MyAOC. The AOC then reviews the data for consistency by analyzing historical trends. Generally, the AOC's analysis occurs after the deadline for data submission.

Superior Court Definitions
Criminal
Dockets: The number of unique case numbers assigned by the court. Each docket must contain at least one defendant and one offense. Some dockets may contain multiple defendants. Each docket is categorized based on the most serious offense listed.
Defendants: The number of unique individuals per docket that have been charged with a criminal offense. Each defendant is categorized based on the most serious offense listed on the docket on

which the defendant appears regardless of the offense level any one individual on the docket is charged with.
Serious Felony: Any offense that carries a mandatory minimum sentence of ten years or more. See reference list included. Serious felonies also include cases where the district attorney seeks repeat offender status.
Felony: Any offense punishable by incarceration for a year or more.
Misdemeanor: Any offense punishable by incarceration for less than one year and/or,

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community service, and/or maximum fine of $1,000.
Death Penalty: Any offense where the district attorney intends to seek the death penalty. These cases are counted only for the year in which they are filed.
Probation Revocations: Any probation revocation petition filed by either private or public probation offices, including waivers signed by defendants.
Domestic Relations
Paternity/Legitimation: Any case not brought by the Department of Child Support Services that involves a determination of biological offspring.
Adoption: Any case regarding the terms or legality of an adoption. Due to varying case filing and management practices, clerks may need to verify that all adoption and UIFSA cases are reported to GSCCCA, and, if not, amend their data in MyAOC.
Other Domestic: Domestic relations cases that do not adequately fit into any of the other case types.
Family Violence: Any case where a protective order from a family member or domestic partner is requested.
Divorce/Alimony: Any case involving the dissolution of a marriage or the establishment of alimony.

Unknown: Any case that does not have enough relevant information to assign to a particular case category.
Contempt: Any case brought after an order has already been issued by a judge and the ordered party is non-compliant.
Alimony: Non-payment of ordered alimony.
Child Support: Non-payment of ordered child support.
Child Support/Alimony: Nonpayment of both ordered child support and alimony.
Custody and/or Visitation: Noncompliance regarding custody and/or visitation orders.
Other Domestic Contempt: Reserved for non-compliance with domestic orders that does not fit into the previously defined contempt categories.
Modification: Any case brought after an order has been issued by a judge and the terms of the order are being challenged or amended.
Alimony: Modification of alimony payments.
Child Support: Modification of child support payments.

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Child Support/Alimony: Modification of joint child support/alimony orders.
Custody and/or Visitation: Modification of custody/visitation orders.
Domestication Custody: Any interstate (UIFSA) or other case that is brought to the court by the Division of Child Support Services. This does not include intrastate establishment of support.
Separate Maintenance: Any case where financial support is requested by a legally married couple prior to any divorce or annulment proceedings.
Support Enforcement: Any intrastate case involving the establishment of child support brought by the Division of Child Support Services or a private party.
General Civil
Habeas Corpus: Any case designed to test the legality of the detention or imprisonment of an individual, not the question of guilt or innocence.
Contract/Account: Any case involving a dispute over an agreement between two or more parties.
Dispossessory/Distress: Any case involving landlord/tenant disputes wherein the landlord removes a tenant and his/her property from the premises or places a lien on tenant property in order to repay debt.

Unknown: Any case that does not have enough relevant information to assign to a particular case category.
Appeals/Review: Any case disputing the finding of a limited jurisdiction trial court, department, or administrative agency.
Post Judgment/Garnishment: Any case where, after a monetary judgment, a third party who has money or other property belonging to the defendant is required to turn over such money or property to the court.
Non-Domestic Contempt: Any case petitioning for a restraining order that does not result from a domestic altercation or is not between parties considered to be in a domestic relationship.
Tort: Any case involving damage, injury, or a wrongful act done willfully, negligently, or in circumstances involving strict liability, but not involving breach of contract.
Auto Accident Tort: Any tort case involving personal injury, property damage, or wrongful death resulting from alleged negligent operation of a motor vehicle.
Legal Malpractice: Any tort case that alleges misconduct or negligence by a person in the legal profession acting in a professional capacity, such as lawyers and paralegals.

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Medical Malpractice: Any tort case that alleges misconduct or negligence by a person in the medical profession acting in a professional capacity, such as doctors, nurses, physician's assistants, dentists, etc.
Other Professional Negligence: Any tort case that alleges misconduct or negligence by a professional. Use this case type for malpractice cases that are not attributable to one of the other previously defined professional tort case types.
Product Liability: Any tort case that alleges injury is caused to a person by the manufacturer or seller of an article due to a defect in, or the condition of, the article sold or an alleged breach of duty to provide suitable instructions to prevent injury.
Other Tort: Any tort cases that are not defined or are not attributable to one of the other previously mentioned tort case types.
Premise Liability: Any tort case involving claims brought against the owner of real property, the condition

of which is alleged to be the cause of personal injury.
Slander: Any tort case alleging harm to the reputation, community standing, or livelihood of the claimant caused by false or misleading statements made by the defendant.
Real Property: Any case involving disputes over the ownership, use, boundaries, or value of fixed land.
Personal Property: Any case involving dispute of ownership of moveable property, such as livestock, merchandise, stocks, copyrights, etc.
Equity: Any case where, for the protection and relief of parties, the operation of the general rules of law would be deficient in protecting from anticipated wrong or relief for injury.
Wills/Estates: Any case challenging the terms or legality of a will or estate proceedings.
Other General Civil: Any case in which a plaintiff requests the enforcement or protection of a right or the redress or prevention of a wrong, but does not fit into one of the previously defined case categories.

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List of Serious Felonies

16-5-21 (k)
16-5-24 (c) 16-5-24 (e)(2) 16-6-4 (c) 16-6-22.2 (b) 16-6-2 (a)(2) 16-8-41 (a) 16-10-32 (a)(3) 16-6-4 (b)(2) 16-4-10 (a)
16-6-5 (a) 16-5-80 (b) 16-5-44 16-5-44.1 (a)(1-2) 16-6-22 (a) 16-5-40 (a) 16-13-31 (e)(1-3)
16-13-31 (f)(1-3)
16-13-30 (d)
16-5-1 (a-c) 16-13-31.1 (3)
16-10-70 (b) 17-10-6.1 (b)(1-2) 17-10-7 (c)
16-13-30 (l)(2)
16-7-88 (b)
16-11-106 (c)
16-11-133 (c)
16-5-72 (a)

Aggravated assault with intent to rape against a child under the age of 14 years Aggravated battery (upon a peace officer) Aggravated battery (upon a correctional officer) Aggravated child molestation Aggravated sexual battery Aggravated sodomy Armed Robbery, Robbery by Intimidation Attempted murder or threatening of witnesses in official proceedings Child molestation (only upon 2nd or subsequent conviction) Committing, attempting to commit, conspiring to commit, or soliciting, coercing, or intimidating another to commit a violation of the laws of this state or of the United States for the purpose of domestic terrorism Enticing a child for indecent purposes Feticide Hijacking an aircraft Hijacking a motor vehicle Incest Kidnapping Knowingly selling, delivering, or bringing into this state 28 grams or more of methamphetamine, amphetamine, or any mixture containing methamphetamine or amphetamine Manufacturing methamphetamine, amphetamine, or any mixture containing either methamphetamine or amphetamine Manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any Schedule I or II controlled substance. Murder, Malice Murder, Felony Murder Penalty for selling, manufacturing, delivering, bringing into the state, or possessing ecstasy (400 grams or more) Perjury that was a cause of another's being punished by death Punishment for serious violent offenders (7 deadly sins) Punishment of repeat offenders; punishment and eligibility for parole of persons convicted of fourth felony offense Purchase, possession, manufacture, distribution, or sale of flunitrazepam (Rohypnol) a Schedule IV drug with intent to distribute (only upon 2nd or subsequent conviction) Use or attempt to use any destructive device or explosive to kill or injure any individual Possession of firearm or knife during commission of or attempt to commit certain crimes (only upon 2nd or subsequent conviction) Possession of a firearm during the commission of certain felonies as a felon who has been convicted of or has entered a guilty plea for certain offenses (only upon 2nd or subsequent conviction) Reckless abandonment of a child under age 1

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16-6-1 (a)

Rape

17-10-16(a)

Sentence to imprisonment for life without parole authorized;

ineligibility for parole or leave programs.

16-6-5.1 (f)(1) Sexual assault of a child under the age of 16 years by a person who has

supervisory or disciplinary authority or practitioner of psychotherapy

16-6-3 (b)

Statutory rape (when person convicted is 21 years of age or older)

16-8-41 (c)(1)

Taking controlled substance from pharmacy in course of committing

armed robbery or robbery by intimidation

16-11-1 (a)

Treason

16-13-31 (a)(1)(a-c) Trafficking in cocaine (quantity of more than 28 grams)

16-13-31 (b)(2) Trafficking in illegal drugs (quantity of more than 14 grams, but less than

28 grams)

16-13-31 (b)(3) Trafficking in illegal drugs (quantity of more than 28 grams)

16-13-31 (c)(3) Trafficking in marijuana (quantity of 10,000 pounds or more)

16-13-31 (d)(2) Trafficking in methaqualone (quantity of 400 grams or more)

16-5-46 (c)

Trafficking of persons (under age 18) for labor or sexual servitude

16-11-160 (2)(b)(i) Use of machine guns, sawed-off rifles, sawed-off shotguns, or firearms

with silencers during commission of certain offenses, enhanced criminal

penalties (bulletproof vest)

16-11-160 (c)

Use of machine guns, sawed-off rifles, sawed-off shotguns, or firearms

with silencers during commission of certain offenses, enhanced criminal penalties (bulletproof vest) (only upon 2nd or subsequent conviction)

16-7-88 (a)

Possessing, transporting, or receiving explosives or destructive devices

with knowledge or intent that they will be used to kill, injure, or intimidate

individuals or destroy public buildings

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SUPERIOR COURT CASELOAD REPORT CALENDAR YEAR 2013
County____________________________________________
Name__________________________________________ Title_______________________
Instructions Enter the total number of filings by case type in the boxes below. The data collection period is calendar year 2013 (January 1-December 31, 2013). The deadline for submitting a report is February 28, 2014.
Criminal Filings

Serious Felony

Dockets

Defendants

Felony

Dockets

Defendants

Misdemeanor

Dockets

Defendants

Death Penalty Defendants

Probation Revocation Petitions Filed

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Domestic Relations Filings Paternity/Legitimation Adoption Other Domestic
Contempt Contempt Alimony Child Support Child Support and Alimony Custody and/or Visitation Other Domestic Contempt Total
Support/Custody Domestication Custody Support Enforcement

Family Violence Divorce/Alimony Unknown Modification Modification Alimony Child Support Child Support and Alimony Custody and/or Visitation Total
Separate Maintenance Total

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General Civil Filings Habeas Corpus Contract/Account Dispossessory/Distress Unknown
Tort/Negligence Auto Accident Tort Legal Malpractice Medical Malpractice Other Professional Negligence Tort Product Liability Tort Other Tort Premise Liability Tort Slander Tort Tort Total

Appeals/Review Post Judgment/Garnishment Non-Domestic Contempt
Title to Land/Condemnation Real Property Personal Property Total
Other General Civil Equity Wills/Estates Other General Civil Total

Go to georgiacourts.gov to enter caseload data via MyAOC.
Superior Court Analyst Jordan Dasher jordan.dasher@gaaoc.us 404-656-0371

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Section 2 State Court

Introduction

The 70 state courts are county-based courts that exercise limited jurisdiction. State court judges have criminal jurisdiction over misdemeanor offenses, felony preliminary hearings, traffic violations, and application and issuance of search and arrest warrants. Civil matters not reserved exclusively to the superior courts are also adjudicated in state courts. Appeals of judgments from the magistrate courts may be sent to the state court and handled as a de novo appeal. The General Assembly creates state courts by local legislation establishing the number of judges and their status as full-time or part-time. State court judges are elected to four-year terms in countywide, nonpartisan elections.

For reporting in the Georgia framework, state court caseload is divided into two major categories: civil and criminal. Within each case category, the Guide contains specific decision rules for how cases should be classified. The state court reporting framework described in the Guide is to be used for reporting the caseloads of state courts to the Administrative Office of the Courts. That reporting is accomplished either through MyAOC (Section 7) or through the caseload reporting form provided in this guide.

State Court Definitions
Total Open as of December 31: A count of cases that, at the start of the reporting period, are awaiting disposition.
Total Cases Filed: A count of cases that have been filed with the court for the first time during the reporting period.

to one of the other previously defined landlord/tenant case types. Use this case type for landlord/tenant dispute cases of unknown specificity, when landlord/tenant dispute cases are not attributable to one of the other previously defined landlord/tenant case types, or when all landlord/tenant dispute cases are reported as a single case type.

Total Cases Disposed: A count of cases for which an original entry of judgment has been entered during the reporting period. For cases involving multiple parties/issues, the disposition should not be reported until all parties/issues have been resolved.
Civil
Landlord tenant/dispossessory: Cases alleging a breach of contract between a landlord and tenant that are not attributable

Other Civil: Cases of unknown specificity. Use this case type for civil cases of unknown specificity, when civil cases are not attributable to one of the other previously defined civil case types, or when all civil cases are reported as a single case type.
Criminal
Serious Traffic: Cases including misdemeanor DUI, reckless driving,

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homicide by vehicle, aggressive driving and fleeing or attempting to elude a police officer. Use this case type for cases of unknown specificity, when motor vehicle cases are not attributable to one of the other previously defined motor vehicle case types, or when all motor vehicle cases are reported as a single case type.
Non-Traffic Misdemeanor: Cases involving an offense punishable by incarceration for less than a year and/or fines. Use this case type for misdemeanor cases of unknown specificity, when misdemeanor cases are not attributable to one of the other previously defined misdemeanor case types, or when all Misdemeanor cases are reported as a single case type.
Probation Revocation: Count a probation or parole violation that arises from a previous felony case as a reopened felony case in the same felony case type as the original case. Count a probation or parole violation that arises from a previous misdemeanor case as a reopened Misdemeanor case in the same misdemeanor case type as the original case.
Other Traffic (including TVB): Cases involving a violation of statutes and local ordinances governing traffic and parking, as well as a violation of other local ordinances. Criminal cases involving the operation of a motor vehicle. Use this case type for cases of unknown specificity, when motor vehicle cases are not attributable to one of the other previously defined motor vehicle case types.
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STATE COURT CASELOAD REPORT CALENDAR YEAR 2013
County____________________________________________
Name__________________________________________ Title_______________________
Instructions Enter the total number of cases in the boxes below. The data collection period is calendar year 2013 (January 1-December 31, 2013). The deadline for submitting a report is February 28, 2014.

Case Types
CIVIL Landlord Tenant/Dispossessory Other Civil
CRIMINAL Serious Traffic Non-Traffic Misdemeanor Probation Revocation Other Traffic (including TVB)
TOTAL

Total Open Cases
(on 12/31/13)

Total Cases Filed

Total Cases Disposed

Go to georgiacourts.gov to enter caseload data via MyAOC.

State Court Analyst Kimberly Miller kimberly.miller@gaaoc.us 404-463-6887
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Section 3 Juvenile Court

Introduction

Jurisdiction of the juvenile courts extends to delinquent and unruly children under 17 years of age and deprived and neglected children under 18 years of age. Juvenile court judges have jurisdiction over minors who commit traffic violations, request consent to marry, or enlist in the armed forces. Juvenile courts have concurrent jurisdiction with superior courts in child custody and child support cases and in proceedings to terminate parental rights. Certain serious violent felonies committed by juveniles may be tried in superior court. Juvenile court judges are appointed by the superior court judges of the circuit to four-year terms.

For reporting in the Georgia framework, juvenile court caseload is divided into six major categories: delinquent, deprived, special proceedings, termination of parental rights, traffic, and unruly. Within each case category, the Guide contains specific decision rules for how cases should be classified. The juvenile court reporting framework described in the Guide is to be used for reporting the caseloads of juvenile courts to the Administrative Office of the Courts. That reporting is accomplished either through MyAOC (Section 7) or through the caseload reporting form provided in this guide.

Juvenile Court Definitions
Unit of Count: A case is defined as a child unless the court is unable to report the number of children because its records are maintained on the basis of offense or charge. If the records are not documented by child, then they may be reported by the charge.

the disposition should not be reported until all parties/issues have been resolved.
Delinquent: A child who commits an offense designated as a crime by state and/or local laws or a violation of another state's law, U.S. law, or the terms of supervision or probation, if the original offense was delinquency.

Total Open as of December 31: A count of cases that, at the start of the reporting period, are awaiting disposition.
Total Cases Filed: A count of cases that have been filed with the court for the first time during the reporting period.
Total Cases Disposed: A count of cases for which an original entry of judgment has been entered during the reporting period. For cases involving multiple parties/issues,

Deprived: A child who is without proper parental care or control, subsistence or education as required by law or as necessary for physical, mental or emotional health or morals, or who is abandoned, neglected or abused.
Special Proceedings: A child who is the subject of a filing or disposition that does not fall within any of the above case types, e.g. request for permission to marry or join the armed services, notification of abortion, proceedings relating to mental illness and superior court referrals for custody investigations.

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Termination of Parental Rights: An action on behalf of a child to end the rights and obligations of a parent on the grounds listed in O.C.G.A. 15-11-81. Traffic: A child under the age of 17 who violates any motor vehicle law, excluding those considered delinquent offenses. Unruly: A child who commits a status offense; is habitually truant, ungovernable, incorrigible, a runaway; loiters in a public place after midnight; patronizes bars where alcohol is sold or possesses alcohol; or violates the terms of supervision or probation if the original offense was unruly.
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JUVENILE COURT CASELOAD REPORT CALENDAR YEAR 2013
County____________________________________________________________
Name________________________________________________ Title _________________________
Instructions Enter the total number of open, filed, and disposed cases by case type in the boxes below. The data collection period is calendar year 2013 (January 1-December 31, 2013). The deadline for submitting a report is February 28, 2014.

Check one: Total cases (children) reported

Total charges reported

Case Types Delinquent Unruly Termination of Parental Rights Deprived Traffic Special Proceedings TOTAL

Total Cases Filed

Total Cases Disposed

Total Open Cases (on 12/31/13)

Go to georgiacourts.gov to enter caseload data via MyAOC.

Juvenile Court Analyst Wesley Acosta wesley.acosta@gaaoc.us 404-656-6413

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Section 4 Probate Court

Introduction

County probate courts exercise exclusive, original jurisdiction in the probate of wills, administration of estates, appointment of guardians, and involuntary hospitalization of incapacitated adults and other individuals. Probate court judges are constitutional officers who are elected to four-year terms. All probate court judges administer oaths of office and issue marriage licenses. In some counties probate judges may hold habeas corpus hearings or preside over criminal preliminary hearings. Unless a jury trial is requested, a probate court judge may also hear certain misdemeanors, traffic cases, and violations of state game and fish laws in counties where there is no state court. In counties with a population of 90,000 or greater, the probate judges must be an attorney meeting the qualifications of a superior court judge. In those counties, jurisdiction is expanded or enhanced to include the right to a jury trial, with appeals directly to the Court of Appeals or Supreme Court. When authorized by local statute, probate judges serve as election supervisors and make appointments to certain local public offices.

For reporting in the Georgia framework, probate court caseload is divided into three major categories: civil, license applications, and criminal. Within each case category, the Guide contains specific decision rules for how cases should be classified. The probate court reporting framework described in the Guide is to be used for reporting the caseloads of probate courts to the Administrative Office of the Courts. That reporting is accomplished either through MyAOC (Section 7) or through the caseload reporting form provided in this guide.

Probate Court Definitions
Civil
Total Petitions Filed: Cases that have been added to the court's caseload during the reporting period.
Administration of Decedent's Estate: Cases that petition for temporary letters of administration and petition for letters of administration.
Will Probate Proceedings: Cases that petitioned to probate will in common form, when filing a petition to probate will in solemn form, when filing a combined petition or probate will in solemn form and

letters of administration with the will, or in connection with a petition for letters of administration with the will annexed when the will has been previously probated.
No Administration Necessary: Cases that petition for an order declaring no administration necessary, only to be used when the decedent died intestate (without a will).
Year's Support: Cases that petition to obtain the necessary expenses of administration and to be preferred before all other debts, except as specifically provided otherwise.
Guardianship Proceedings: Cases that file a petition for the appointment of guardian

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and/or conservator for a proposed wart; petition for the appointment of an emergency guardian and/or conservator for a proposed wart; petition for temporary letters of guardianship of a minor, petition for letters of guardianship of a minor by a person when the minor has no natural guardian, testamentary guardian or permanent guardian; or petition for letters of conservatorship of minor with bond.
Petitions for Leave to Sell or Encumber: Cases that petition for leave to sell real or personal property; when a conservator requests leave to sell, rent, lease, or otherwise dispose of real or personal property at public or private sale; petition to sell property which is perishable, liable to deteriorate from keeping, or expensive to keep; or petition for leave to convey or encumber property set aside as year's support.
Custodial Accounts Accepted: Cases that petition the court for authority to establish a custodial account for a minor or incapacitated adult.
Citations Issued Against Personal Representatives or Guardian: Cases that issue citations to personal representatives of the decedent's estate citing all persons concerned to show cause by a certain day why the petition for year's support should not be granted.
Miscellaneous Estate/Guardianship Proceedings: Cases that petition for accounting or settlement, petition to resign as guardian or personal representative,

petition to remove guardian or personal representative, and other petitions or proceedings in estate/guardianship not listed.
Inventories, Returns and Personal Status Reports Filed: Cases that provide an inventory of the ward's property and a plan for managing, expending, and distributing the property, a report of every receipt and every expenditure of case, and a personal status report concerning the ward.
Mental Health Proceedings: Cases that request the court to make a legal determination as to whether an individual is mentally ill or incompetent and should be placed, or should remain, under care, in custody, and/or in treatment.
Petitions for Writs of Habeas Corpus: Cases that are designed to test the legality of the detention or imprisonment of an individual, not the question of guilt or innocence.
License Applications
Marriage: Cases that submit a written application for a marriage license.
Firearm: Cases that submit an application for weapons carry license or renewal license.
Criminal
Misdemeanors: Any offense punishable by incarceration for less than one year and/or,

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community service, and/or maximum fine of $1,000.
Traffic Cases: Criminal cases involving the operation of a motor vehicle. Use this case type for cases of unknown specificity, when motor vehicle cases are not attributable to one of the other previously defined motor vehicle case types, or when all motor vehicle cases are reported as a single case type.
Filed: Count the defendant and all charges involved in a single incident as a single case. If the charging document contains multiple defendants involved in a single incident, count each defendant as a single case.
Guilty or Nolo Plea: Number of cases disposed by a final judgment of conviction entered upon a verdict or finding of guilty of a crime or upon a plea of guilty.
Cash Bond Forfeiture: Number of cases when a cash bond is forfeited due to failure to appear for trial.
Nol Pros, Dismissed, or Other NonTrial: Number of cases disposed by a prosecutor either before or during a trial, dismissal by the court, or other non-trial methods.

evidence is insufficient to sustain a conviction.
Convicted: Number of cases disposed by a plea of guilty or a finding of guilt by a court of competent jurisdiction or the acceptance of a plea of nolo contendere, irrespective of the pendency or availability of an appeal or an application for collateral relief.

Bench Trial: A trial held before a judge without a jury.
Acquitted: Number of cases disposed when a judgment acquits the defendant of one or more of the offenses charged when the

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PROBATE COURT CASELOAD REPORT CALENDAR YEAR 2013

County____________________________________________________

Name_____________________________________________________ Title____________________

Section 1. CIVIL
Case Types A. Administration of Decedent's Estate B. Will Probate Proceedings

Georgia Probate Court Standard Form GPCSF 02, 03
GPCSF 04, 05, 07, or 08

Total Petitions ___Filed_____

C. No Administration Necessary

GPCSF 09

D. Year's Support

GPCSF 10

E. Guardianship Proceedings
Combine Adult and Minor for TOTAL Adult Minor

GPCSF 11, 12 or 51 GPCSF 28, 29, 30 and Petitions to Terminate

F. Petitions for Leave to Sell or Encumber

GPCSF 13, 14, 15, or 17

G. Custodial Accounts Accepted

GPCSF 22 or 23

H. Citations Issued Against Personal Representatives or Guardian

I. Miscellaneous Estate/Guardianship Proceedings Include the following in TOTAL Petitions for Accounting or Settlement Petitions to resign as guardian or personal representative Petitions to remove guardian or personal representative Other petitions or proceedings in estate/guardianship not listed above

J. Inventories, Returns and Personal Status Reports Filed

K. Mental Health Proceedings Include the following in TOTAL Petitions for hospitalization or mandated outpatient treatment Orders to apprehend on affidavits

L. Petitions for Writs of Habeas Corpus

License Applications

Total Civil Filings

a. Marriage

b. Firearm

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Section 2. CRIMINAL

Case Types Misdemeanors
Traffic Cases

Filed Total

Total Cases or Citations (No. of Defendants)

Disposed

Guilty or Nolo Plea

Cash Bond Forfeiture

Nol Pros, Dismissed or Other Non-Trial

Bench Trial Acquitted Convicted

Go to georgiacourts.gov to enter caseload data via MyAOC.

Probate Court Analyst Kimberly Miller kimberly.miller@gaaoc.us 404-463-6887

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Section 5 Magistrate Court

Introduction

Magistrate court jurisdiction includes: civil claims of $15,000 or less; certain minor criminal offenses; distress warrants and dispossessory writs; county ordinance violations; deposit account fraud; preliminary hearings; and summonses, arrest, and search warrants. A chief magistrate, who may be assisted by one or more magistrates, presides over each of Georgia's 159 magistrate courts. Most chief magistrates are elected in partisan, countywide elections to four-year terms. In some counties, the chief magistrate is appointed by the superior court judges. Terms for other magistrate judges run concurrently with that of the chief magistrate.

For reporting in the Georgia framework, magistrate court caseload is divided into four major categories: warrants, hearings, criminal, and civil. Within each case category, the Guide contains specific decision rules for how cases should be classified by case type and how cases should be counted. The magistrate court reporting framework described in the Guide is to be used for reporting the caseloads of magistrate courts to the Administrative Office of the Courts. That reporting is accomplished either through MyAOC (Section 7) or through the caseload reporting form provided in this guide.

Magistrate Court Definitions
Warrants
Felony Arrest Warrant: A type of arrest warrant that authorizes the arrest of a person suspected of committing a felony crime.
Misdemeanor Arrest Warrant: A type of arrest warrant that authorizes the arrest of a person suspected of committing a misdemeanor crime.
Good Behavior Warrant: A type of warrant against a person whose conduct indicates that the safety of another person may be at risk.
Search Warrant: A type of warrant that authorizes law enforcement officers to conduct a search of a person, location, or vehicle for evidence of a crime and to confiscate evidence if it is found.

Hearings
Warrant Application Hearing: This is a hearing to determine if there is probable cause for issuance of an arrest warrant when application has been made by a person other than a peace officer or law enforcement officer and for commission of an offense against the penal laws. The provisions for this type of hearing were enacted in 2000.
First Appearance/Bond: The purpose of this hearing is to inform the defendant of the charges, the defendant's rights, and to set a bond to guarantee the defendant's appearance at court for the next proceeding.
Commitment Hearing: This is a pre-trial or preliminary hearing to determine if there is sufficient evidence (probable cause) for the case to proceed to trial.
Good Behavior: The purpose of this proceeding is to determine if there is sufficient cause to require the defendant to

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post a good behavior bond and to set the amount of the bond.
Criminal
Ordinances: Includes ordinances of county government and state authorities.
Misdemeanors: Includes violations of state laws that include: Possession of less than one ounce of marijuana (OCGA 16-13-2), theft by shoplifting (OCGA 16-13-2), furnishing alcoholic beverages to and purchase and possession of alcoholic beverages by a person under 21 years of age (OCGA 3-3-23.1), criminal trespass (OCGA 16-7-21), deposit account fraud/issuance of bad checks (OCGA 16-920).
Civil
Claims: Cases up to $15,000, which is most common in contract and account actions.
Dispossessories and Distress Warrants: Proceedings involving landlords and tenants either for removal of the tenant from the property or for seizure of the property for non-payment of rent.
Garnishments: A proceeding in which the property or money in possession or control of another person are applied to pay a debt or judgment to a third person. This is most commonly an action in which a creditor garnishes a person's wages from the employer.
Foreclosures and Attachments: A means of enforcing payment of a debt by taking and selling the property upon which the debt is owed. Attachment is a process in which the court is asked to have property seized in

order to satisfy a debt (to satisfy the court judgment in post-judgment actions).
Units of Count for Criminal and Civil
Citations/Accusations: A citation is an order issued by policy to appear before a judge at a later date. An accusation is a formal charge against a person laid before a court. Non-Trial Dispositions: A dismissal, a nolle prosequi, a guilty plea, a nolo contendere plea, or cash bond forfeiture. Trials: Hearings that involves presentation of evidence by both the prosecution and defendant to the judge and ends in either a conviction or acquittal.
Magistrate Court Analyst Wesley Acosta wesley.acosta@gaaoc.us 404-656-6413

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MAGISTRATE COURT CASELOAD REPORT CALENDAR YEAR 2013

County____________________________________________________________ Name________________________________________________ Title _________________________

WARRANTS ISSUED

Felony Arrest

Misdemeanor Arrest

Good Behavior

Search

HEARINGS Warrant Application

First Appearance Bond

Commitment

Good Behavior

CRIMINAL CASES

Ordinance Violations

Citations/Accusations

Misdemeanors

Non-Trial Dispositions

Trials

CIVIL CASES

Citations/Accusations

Claims Cases

Dispossessories & Distress Warrants

Garnishments

Foreclosures & Attachments

Non-Trial Dispositions

Trials

Go to georgiacourts.gov to enter caseload data via MyAOC. 28

Section 6 Municipal Court

Introduction

Georgia's municipal courts hear traffic and ordinance violation cases in over 300 towns and cities. Municipal court judges hear municipal ordinance violations, issue criminal warrants, conduct preliminary hearings, and sometimes have concurrent jurisdiction over shoplifting cases and cases involving possession of one ounce or less of marijuana.

For reporting in the Georgia framework, municipal court caseload is divided into six major categories: traffic, ordinances, serious traffic, drugs/marijuana, misdemeanors, and felony bindovers. Within each case category, the Guide contains specific decision rules for how cases should be classified. The municipal court reporting framework described in the Guide is to be used for reporting the caseloads of municipal courts to the Administrative Office of the Courts. That reporting is accomplished either through MyAOC (Section 7) or through the caseload reporting form provided in this guide.

Municipal Court Definitions
Reporting Guidelines
Court Sessions per Month: A court session is any event that requires direct judge involvement such as arraignments and bond hearings.
Unit of Count: Each ticket/citation is one filing. If a citation has more than one charge it is still counted as one case and categorized under the most serious offense. For example, a driver charged with both DUI and speeding charges under the same citation number will only count as one serious traffic filing.

months confinement. Examples: speeding, failure to obey stop sign, failure to use turn signal, and seat belt violations.
Ordinances: Violations of local regulations passed by county, city, or other local governing bodies. Examples: animal control violations, solid waste violations, solicitation without a permit, and zoning violations.
Serious Traffic: Any fingerprintable traffic violation. Examples: DUI, reckless driving, and operating a commercial vehicle without a CDL.
Drugs/Marijuana (Less than one ounce): Any drug-related misdemeanor criminal filings. Examples: possession of marijuana

Case Types
Traffic (Not DUI): Any non-criminal misdemeanor traffic violations punishable by a maximum fine of $1,000 or twelve

Misdemeanors (Not otherwise listed): Any criminal violations punishable by maximum fine of $1,000 or twelve months confinement. Also includes any violations that do not fit any aforementioned

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categories. Examples: vandalism and shoplifting at value less than $300 Felony Bindovers: Transfers (of a case or defendant) to a trial court after a finding of probable cause at a preliminary hearing. Note: include all bindovers, even if the offense is not a felony.
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MUNICIPAL COURT CASELOAD REPORT CALENDAR YEAR 2013
City _____________________________________________ Name_____________________________________________ Title_______________________
Data compiled for full Calendar Year 2013 1. Number of times your court is in session per month: ____________________
2. Does your court count by citations/filings or defendants? (Check one)
3. The number of cases filed and disposed in your court for the following categories:

Citations/Filings

Traffic (Not DUI)

__

Ordinances (Includes Environmental, Business License & Animal Control)

Serious Traffic (Includes DUI)

______

Drugs/Marijuana (less than one ounce)

Misdemeanors (not otherwise listed)

______

Felony Bindovers

Final Dispositions
______ ______

Go to georgiacourts.gov to enter caseload data via MyAOC.

Municipal Court Analyst Jordan Dasher jordan.dasher@gaaoc.us 404-656-0371

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Section 7 Data Submission and Verification
Data Submission
Efforts to simplify the reporting of caseload data led to the development of the online forms available at MyAOC. Clerks of all courts superior, state, juvenile, probate, magistrate, and municipal may access the forms by registering at the website and logging in to submit or edit their data. At the MyAOC site, users can register as a first-time user or log in as a previously registered user. Use of MyAOC allows later analysis by AOC staff since it permits the electronic submission of data. MyAOC also prevents errors inherent in redundant data entry.
If you have not previously registered as a MyAOC user:
1. Enter georgiacourts.gov into your web browser. 2. Click "Login to MyAOC" at the bottom left of the screen. 3. Click "LOGIN" to enter the Caseload Reporting section of MyAOC. 4. Click "Create Account." 5. Enter the email address you have previously given to the AOC as your contact
information, and click "Register." Doing this will prompt MyAOC to send you an email with directions for creating a user name and password to complete registration.
Once you have registered or if you have previously registered:
1. Navigate to MyAOC as described above, and login using the user name and password you created. Once inside MyAOC, you may select the appropriate court and enter your caseload data.
If you do not know the email address you previously registered with the AOC or if you experience any technical issues with MyAOC, please contact the Office of Research, Planning, and Data Analysis at 404-463-1871 or email casecount@gaaoc.us.
Data Verification
AOC staff review all data submitted through MyAOC for completeness and compare it with data from prior years to identify potential questions and issues addressing data reliability. Clerks are notified of any questions or concerns to permit editing or additional verification before data is certified as final. Judges and court administrators will be advised of verified data along with clerks.
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Section 8 Caseload Reporting Timeline
Below are dates of various events in the caseload reporting process. Please be mindful of these dates in order to allow ample time for verification and subsequent analysis. January 27 Caseload reporting initiated. February 7 15 day reminder sent to courts that have not submitted. February 14 10 day reminder sent to courts that have not submitted. February 21 5 day reminder sent to courts that have not submitted. February 25 2 day reminder sent to courts that have not submitted. February 28 Caseload data are due to the AOC. March 3 Caseload data are now late. First late notice sent to nonresponsive courts. March 10 Caseload data are now late. Second late notice sent to nonresponsive courts. March 31 Data verification begins. April 25 Data verification responses are due to the AOC.
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Section 9 Contact Information
AOC Contacts
If you have comments, questions, or concerns, please contact the AOC liaison who deals directly with your class of court. Program Manager Christopher Hansard christopher.hansard@gaaoc.us 404-463-1871 State and Probate Court Analyst Kimberly Miller kimberly.miller@gaaoc.us 404-463-6887 Juvenile and Magistrate Court Analyst Wesley Acosta wesley.acosta@gaaoc.us 404-656-6413 Superior and Municipal Court Analyst Jordan Dasher jordan.dasher@gaaoc.us 404-656-0371
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