- Collection:
- Georgia Government Publications
- Serial:
- Annual report / Judicial Council of Georgia, Administrative Office of the Courts.
- Title:
- Eleventh annual report on the work of the Georgia courts [Jan. 1985]
- Creator:
- Georgia. Administrative Office of the Courts. Judicial Council of Georgia
- Contributor to Resource:
- Georgia. Administrative Office of the Courts. Judicial Council of Georgia
- Publisher:
- Atlanta, Ga. : Georgia. Administrative Office of the Courts. Judicial Council of Georgia
- Date of Original:
- 1985-01
- Subject:
- Georgia
- Location:
- United States, Georgia, 32.75042, -83.50018
- Medium:
- publications (documents)
- Type:
- Text
- Format:
- application/pdf
- Description:
- FY 1999-
Title from cover.
Report year covers July 1st-June 30th.
Latest issue consulted: 2009/2010. - External Identifiers:
- Call Number GA J800 .A1 1984
- Metadata URL:
- https://dlg.galileo.usg.edu/id:dlg_ggpd_y-ga-bj800-b-pa1-b1984
- Digital Object URL:
- https://dlg.galileo.usg.edu/do:dlg_ggpd_y-ga-bj800-b-pa1-b1984
- Language:
- eng
- Holding Institution:
- University of Georgia. Map and Government Information Library
- Rights:
-
ELEVENTH ANNUAL REPORT ON THE
WORKOF THE
GEORGIA COURTS
Eleventh Annual Contents
Report on the
The Courts in Fiscal Year 1984
3
Work of the
Supreme Court Court of Appeals
7
8
Georgia
Superior Courts
8
Courts
State Courts
12
Juveni le Courts
15
Probate Courts
19
Magistrate Courts
24
Other Courts
27
Judicial Agencies
Judicial Council of Georgia/Administrative Office of the Courts
28
Board of Court Reporting
30
Council of Juvenile Court Judges
30
Georgia Magistrate Courts Training Council
31
Institute of Continuing Judicial Education
32
Judicial Nominating Commission
33
Judicial Qualifications Commission
34
Superior Courts Sentence Review Panel
35
Appendices
Appendix 1: Judicial Personnel Changes
36
Appendix 2: Judicial Agencies Directory
3 7
Ouly 1, 1983- June 30, 1984)
January 1985
Judicial Council of Georgia Administrative Office of the Courts Suite 550
244 Washington Street, SW Atlanta, Georgia 30334
The Eleventh Annual Report on the Work of the Georgia Courts is published by the Judicial Council of Georgia/Administrative Office of the Courts in com-
pliance with Ga. Laws 1973, p. 288, and by Order of the Supreme Court ofGeorgia dated June 12, 1978.
EDITOR: Molly ].M. Peny
DESIGN: Visual Image Workshop
J-0185- A-0 1
Foreword
A s chairman of the eleventh Judicial Council, I am pleased to present the Eleventh Annual Report on the W ark of the Georgia Courts, prepared by the Administrative Office of the Courts as required by Ga. Laws 1973, p. 288, and by Order of the Supreme Court of Georgia.
The 1983 constitution and the revised judicial article have provided an impetus for self-examination and improvements in the Georgia judicial system. The creation of the Governor's Judicial Process Review Commission is another vehicle by which significant change can be achieved. Upon reviewing this repPrt, the reader will recognize the meaningful changes that are presently occurring in the courts.
Efforts by and on behalf of the judiciary during the past year culminated in a number of important activities. All trial court judges are now organized as formal councils to facilitate communication and the identification of long-range goals for each class of court. The drafting of uniform rules by these councils is a recent development with far-reaching impact on the efficient administration of justice in Georgia courts. Efforts presently are being made to make court rules uniform between all classes of trial courts, as well as within each class of court. With the cooperation of the five classes of trial courts, the Supreme Court has promulgated a civil case transfer rule to reduce delay in directing cases to the appropriate forum.
Upon recommendation of the Judicial Council, the General Assembly increased the number of superior court judgeships to 127 by approving measures that are effective July 1 of
1984 and 1985. A profile of the results of the state's annual trial court caseload study, upon which the recommendation was based, is included in this report. For the first time, results of a magistrate court caseload survey are given.
We invite the reader to look closely at the FY'84 activities of the Georgia judiciary and administrative agencies as reviewed in the following pages. We welcome questions and comments on the work of the courts as we strive to improve the administration of justice in Georgia.
Harold N. Hill, Jr. Chairman
Judicial Council of Georgia
January 1985
Chief Justice Harold N. Hill, Jr. Chairman Supreme Court Atlanta
Justice Thomas 0. Marshall Vice chairman Supreme Court Atlanta
Judge Henry A. Baker President-elect Council of Probate Court Judges Covington
Chief Judge Harold R. Banke Court of Appeals Atlanta
Judge Hal Bell Administrative Judge Third District Macon
Judge A. W. Birdsong, Jr. Court of Appeals Atlanta
Judge A. Wallace Cato President Council of Superior Court Judges Bainbridge
Judge Virgil Costley, Jr. President Council of Juvenile Court Judges Covington
Judge George W. Eisel, III President Council of Magistrate Court Judges Sparta
Judge George R. Ellis, Jr. President Council of State Court Judges Americus
Judge William M. Fleming, Jr. Administrative Judge Tenth District Augusta
Judge George W. Harris President-elect Council of Magistrate Court Judges Fort Valley
Judge George A. Horkan, Jr. Administrative Judge Moultrie
Judge JohnS. Langford Administrative Judge Fifth District Atlanta
Judge R. Hugh Lawson, Jr. President-elect Council of Superior Court Judges Hawkinsville
Judge Walter C. McMillan, Jr.
Administrative Judge Eighth District Sandersville
Judge Charles A. Pannell, Jr. Administrative Judge Ninth District Dalton
Judge R. Edward Reddick, Jr. President-elect Council of State Court Judges Springfield
Judge J. Ben Spear, Jr. President Council of Probate Court Judges Forsyth
Judge A. Blenn Taylor, Jr. Administrative Judge First District Brunswick
Judge Curtis V. Tillman Administrative Judge Fourth District Decatur
Judge David J. Turner, Jr. President-elect Council of Juvenile Court Judges Manchester
Judge Andrew J. Whalen, Jr. Administrative Judge Sixth District Griffin
Judge Jere F. White Administrative Judge Seventh District Cartersville
2
The Courts In Fiscal Year 1984
F iscal year 1984 proved to be a period of change much of which emanated from within the state's judicial system itself. As the revised judicial article took effect, judges, court personnel and administrative agencies mobilized with the objective of providing better services for their constituents. Rules and standards effecting court management were issued, and preliminary and review work on uniform court rules was undertaken.
Along with the reorganization of the Judicial Council of Georgia in August 1983, councils of trial court judges not formerly constituted as such became organized. The state and probate court judges' councils were created from the existing State Trial Judges and Solicitors Association and the Probate Court Judges Association. The magistrate court judges' council was formed from the Georgia Courts of Limited Jurisdiction, Inc., upon the ado~tion of a new constitution and by-laws. The Council of Superior Court Judges amended its by-laws to include the 10 district administrative judges on its executive committee and appointed standing committees to address most of the basic areas of continuing concern to trial judges. The Council of Juvenile Court Judges continued to operate as a state agency with a central office staff. During the year, the respective councils made long-range plans concerning specific matters of interest and encouraged coordination to resolve immediate conflicts and improve court operations.
Pursuant to its rule-making authority granted by the state constitution, the Supreme Court promulgated rules for senior judge service and for the transfer of civil cases. The civil case transfer rule applies to all trial courts in which a case is pending \\'hen the court is alleged to lack JUrisdiction or venue, or both. Standards for microfilming court records allopted by the State Records Committee :mll the Administrative Office
of the Courts late in 1983 were also made applicable to all trial courts, as well as the two state appellate courts.
As mandated by the 1983 judicial article, the process of drafting uniform court rules was started by each of the trial court judges' councils. By the end of the fiscal year, the superior court rules were virtually complete. These rules had been reviewed by the Supreme Court and returned to the superior court judges for final approval. All other judges' groups studied the superior court rules to ensure vertical uniformity in the rulemaking process. Superior court clerks drafted record-keeping rules which were to be incorporated as a section in the body of superior court rules.
At its 1984 session, the Georgia legislature acted to further prnmote efficiences in the court system. The General Assembly approved a measure to establish the Governor's Judicial Process Review Commission to study the coordination, design and functions of courts, agencies and programs currently delivering judicial services. Created just over I0 years after the former Governor's Commission on Judicial Processes, the Judicial Process Review Commission is composed of legislative, executive and judicial appointees, the majority of which are attorneys. Among its varied tasks, the Commission is charged by the legislature with investigating the feasibility of establishing a superior court caseload reporting system and a method of random superior court case assignment in multi-judge circuits. In a related measure, the General Assembly created the Children and Youth Study Committee for the purpose of making recommendations concerning the state's juvenile justice system, child abuse, child neglect and problems of school-aged children.
The 1984 General Assembly also passed legislation that produced
3
changes in the number of superior
jury-service, judicial salaries and ap- traffic law sentences also became law.
court judgeships and limited jurisdic- peals procedures. All occupational
State-funded courts and agencies
tion courts. New judgeships were
and age category exemptions from
operated under a judicial branch
approved for the Atlanta, Clayton,
civil and criminal jury duty were
budget of $30,010,038 in fiscal year
Cobb and Houston judicial circuits. eliminated, thereby greatly increasing 1984, representing. 76 percent of the
The Cobb judgeship took effect
both the size and representativeness total state appropriations for the year.
immediately following the end of the of the jury pool. A person summoned Of the total budget, a net increase of
fiscal year, while terms for the other for jury duty may now postpone the $12,671 was the result of supplemen-
three superior court judgeships will time of service only with the permis- tal budget measures approved at the
start July 1, 1985. The legislature
sion of the judge of the summoning 1984 legislative session.
established new state courts with part- court or of another person appointed
The judicial branch adopted a re-
time judgeships for both Bacon and to excuse jurors. Six bills affecting
vised budget structure for fiscal year
Jeff Davis counties, and it abolished judicial and court personnel compen- 1985, reducing the number of budget
the State Court of Johnson County. sation were adopted, as Supreme
units from 10 to 7 and readjusting
Also abolished were the Municipal
Court justices, judges of the Court of individual units within categories.
Court of Savannah, cases from which Appeals and superior courts and dis- (The new structure appears in the
will thereafter be heard by the
trict attorneys all received raises in
table on page 5.) The total judicial
Chatham County magistrate court,
base pay. Changes in statutory com- branch appropriation for FY 1985
and the office of magistrate of the
pensation provisions pertaining to
amounted to $33,495,889 or .78 per-
State Court of Cobb County, which superior court clerks and probate
cent of the total state budget.
was replaced with a second state
court judges who serve in an addi-
During the past year, judicial agen-
court division.
tional capacity were passed. New pro- cies and organizations worked to
Other court-related issues ad-
cedures for applications for discre-
enhance coordination and revise
dressed by the legislature included
tionary appeals and modifications of existing procedures. At the request of
Five-Year Comparison for Judicial Budget (1981-1985)
the State-Federal Judicial Council, the Institute of Continuing Judicial
Fiscal Year
1981 1982 1983 1984
Total State Appropriation
Increase
$3,217,056,705 3,522,966,448 3,685,528,666 3,960,829,559
$366,903,998 305,909,743 162,562,218 275,300,893
Judicial Appropriation
$20,554,407 24,305,842 26,590,315 30,010,038
Increase
Percent of State
Budget
$2,679,215 0.64%
--------
3,751,435 0.69%
2,284,473 0.72%
----------------
3,419,723 0.76%
Education sponsored a seminar on writs of habeas corpus and postconviction relief for federal and state appellate and trial court judges to review habeas corpus proceedings and plan ways to resolve conflicts between the two court systems. The state Supreme Court reactivated the
1985
4,302,000,000 341,170,441
33,495,889
Georgia Indigent Defense Council to 3,485,851 0.78% draft standards concerning the rep-
resentation of indigent defendants.
Committees of superior court judges
completed work on the new civil
benchbook and a revised edition of
the suggested pattern jury instructions
for civil cases. Near year-end, judicial
secretaries formed the Georgia As-
sociation of Superior Court Sec-
retaries to promote interests of and
communication among its members.
In addition, the Council of Superior
Court Judges requested and received
funding to open a central office and
hire an administrator.
4
State Appropriations for the Judicial Branch Fiscal Years 1983, 1984 and 1985
Court or Agency
Supreme Court (Total) Operations Appellate Court Reports Indigent Defense Council Uniform Rules
Court of Appeals
Superior Courts (Total) Operations Council of Superior Court Judges Judicial Administrative Districts Prosecuting Attorneys' Council Sentence Review Panel
Juvenile Courts (Total) Operations Council of Juvenile Court Judges
Institute of Continuing Judicial Education (Total)
Operations Magistrate Courts Training Council
Judicial Council (Total) Operations Board of Court Reporting Case Counting
Judiciai Qualifications Commission
Judicial Branch Total
FY 1983 Amended Appropriation
$2,629,294 2,413,294 216,000 0 0
2,671,951
20,327,711 19,261,330
0 537,658 446,539
82,184
104,384 0
104,384
241,523 227,553
13,970
569,664 494,178
15,486 60,000
45,788
$26,590,315
FY 1984 Amended Appropriation
$2,976,368 2,783,268 193,100 0 0
3,104,662
23,017,170 21,903,474
0 523,028 488,744 101,924
110,595 0
110,595
245,060 230,000
15,060
505,712 419,917
16,870 68,925
50,471
$30,010,038
Percent Change FY83-84
13.2 15.3 -10.6
0 0
16.2
13.2 13.7
0 -2.7
9.5 24.0
6.0 0
6.0
1.5 1.1 7.8
-11.2 -15.0
8.9 14.9
10.2
12.9
FY 1985 General Appropriation
$3,137,274 2,893,774 195,400 5,100 43,000
3,346,132
25,981,249 24,773,194
40,000 551,398 504,236 112,421
116,930 0
116,930
263,924 247,659
16,265
549,212 465,150
19,062 65,000
101,168
$33,495,889
Percent Change FY84-85
5.4 4.0 1.2
7.8 12.9 13.1
5.4 3.2 10.3 5.7
5.7
7.7 7.7 8.0 8.6 10.8 13.0 -5.7 100.4 11.6
JUDICIAL BRANCH BUDGET UNITS: FY84 Funds Available and Expenditures
FUNDS AVAILABLE
General Appropriations Supplemental Appropriations Governor's Emergency Funds Total State Funds Federal Funds Other Funds Total Available Funds EXPENDITURES Personal Services Regular operating Expenses Travel Publications & Printing Equipment Purchases Computer Charges Real Estate Rentals Telecommunications Per Diem, Fees & Contracts Total Expenditures
Supreme Court
Court of Appeals
Superior Courts
Juvenile Courts
Institute of Continuing
Judicial Education
Judicial Judicial Qualifications Council Commission Total
$2,973,534 2,834
10,000 2,986,368
0 186,008 $3,172,376
$3,068,416 36,246 0
3,104,662 0
46,661 $3,151,323
$23,050,168 (32,998) 0
23,017,170 89,313
616,257 $23,722,740
$109,761 834
1,100 111,695 293,126
0 $404,821
$245,060 0 0
245,060 0
33,429 $278,489
$499,957 5,755 5,000
510,712 0
23,694 $534,406
$50,471 $29,997,367
0
12,671
0
16,100
50,471 30,026,138
0
906,049
0
906,049
$50,471 $31,314,626
$2,090,384 235,097 34,007 185,900 106,590 41,037 225,978 37,978 147,788
$3,104,759
$2,697,805 $21 ,679,159
79,673
462,280
23,759
386,683
3,329
23,617
140,329
25,092
0
2,459
142,587
52,616
36,615
28,666
25,176
207,814
$3,149,273 $22,868,386
$108,944 14,648 3,252 2,641 103 0 8,224 3,545
263,464 $404,821
$0 34,327
804 30,678
625 0 0
69 208,369 $274,872
$368,786 24,519 9,407 27,560 838 0 32,870 11,808 58,618
$534,406
$ 0 $26,945,078
3,514
854,058
0
457,912
4,957
278,682
270
273,84 7
0
43,496
1,470
463,745
1,317
119,998
30,252
941,481
$41 '780 $30,378,297
5
Georgia Court System: November 1, 1984
Capital felonies. Constitutional issues. Title to land.
Wills, equity, divorce.
SUPREME COURT 7 Justices Jurisdiction: -Appellate jurisdiction over cases of constitutional issue, title to land, validity of and construction of wills, habeas corpus, extraordinary remedies, convictions of capital felonies, equity, divorce, alimony, election contest. -Certified questions and certiorari from Court of Appeals.
COURT OF APPEALS (3 divisions) 9judges Jurisdiction: -Appellate jurisdiction over lower courts in cases in which Supreme Court has no exclusive appellate jurisdiction.
SUPERIOR COURT (45 circuits) 124 judges Jurisdiction: -Exclusive jurisdiction over cases of
divorce, title to land, equity. -Exclusive felony jurisdiction. Misdemeanors, felony preliminaries.
Jury trials.
STATE COURT (62 courts) 79 judges; 32 full-time, 47 part-time. Jurisdiction: -Civil law actions except cases within the exclusive
jurisdiction of the superior court. -Misdemeanors, felony preliminaries. Jury trials.
J
JUVENILE COURT (159 courts) 51 judges; 11 full-time, 40 part-time (3 state court judges serve as part-time juvenile court judges). Superior court judges serve in counties without independent juvenile courts. Jurisdiction: -Deprived, unruly, delinquent juveniles. No jury trials.
I
CIVIL COURT (2 courts) 3judges Jurisdiction: -Issue warrants. Misdemeanor and felony preliminaries. -Civil tort and contract cases under $7,500 for Bibb County, under $25,000 for Richmond County. Jury trials.
MUNICIPAL COURT (2 courts)
2judges Jurisdiction: -Civil law and landlord
tenant cases (civil) under $7,500, Columbus; under $1.500, Savannah. -Misdemeanor guilty pleas and preliminary
hearings. Warrants. Jury trials in civil cases (Savannah- civil over $500).
I
PROBATE COURT (159 courts)
Jurisdiction: -Exclusive JUrisdiction in probate of wills, administra-
tion of estates, appointment of guardians. mentally ill, involuntary hospitalizations. marriage licenses -Traffic in some counties.. -Truancy in some counties. -Hold courts of inquiry. Issue search warrants and arrest warrants in certain cases. Jury trials in Clayton
County only.
I
MAGISTRATE COURT (159 courts) 159 chief magistrates and 340 magistrates; 37 also serve state, probate, juvenile, civil or municipal courts. Jurisdiction: -Issue search and arrest warrants, felony and misdemeanor preliminaries. -Civil claims of $2,500 or less, dispossessories, distress warrants, county ordinances. No jury trials.
I
COUNTY RECORDER'S COURT (4 courts) ?judges Jurisdiction: -County ordinances, criminal warrants and preliminaries.
I
MUNICIPAL COURTS (Approximately 391 courts active) Jurisdiction: -Ordinance violations, traffic, criminal preliminaries. No jury trials.
6
Supreme Court
T he Supreme Court is Georgia's highest court of review, exercising exclusive appellate jurisdiction over cases involving the construction of the state or federal constitution or of a treaty, all cases in which the constitutionality of a law or ordinance has been drawn into question and all cases of election contest.
The Supreme Court retains general appellate jurisdiction in cases invohing 1) title to land, 2) equity, 3) wills, 4) habeas corpus, 5) extraordinary remedies, 6) divorce and alimony, 7) questions certified by the Court of Appeals, and 8) the conviction of a capital felony. It also may review by certiorari Court of Appeals cases deemed to have great public import and is authorized to answer questions of law from any state or federal appellate court. The courc also presides over cases involving discipline of attorneys and judges and admissions
to the State Bar of Georgia. The seven justices of the Supreme
Court are elected to six-year terms in statewide, nonpartisan elections. Vacancies on the court an~ filled by appointment of th~ governor.
A chief justice and a presiding justice are elected by the court. The chief justice serves as the administrative head of the court and presides at oral arguments and court conferences. The presiding justice acts in the place of the chief justice when necessary and performs other duties as well.
In hearing cases en bane (by the full court), the Supreme Court as a rule holds court in Atlanta. On occasion, it may hold sessions in other
locations around the state, such as at an accredited law school in order to demonstrate its procedures to law students. During FY 1984, the court held sessions outside Atlanta on two occasions, once in Athens <llld once
in Macon. The court has three terms of court each year, beginning in Sep-
tember, January and April. The court hears no oral arguments in August or December.
A comparison of the Supreme Court's cmcload for administratite court years 1984 and 1983 (September 1- A~tgust 31) is presented at left.
Supreme Court Caseload: 1984 and 1983
Filed
Direct Appeals (Final)
Petitions for Certiorari
Original Petitions/Motions
Habeas Corpus Applications
Applications for Discretionary Appeal
Applications for Interlocutory Appeal
Summary Judgment Granted
Certified Questions
Attorney/Judge Discipline, Bar Admissions
TOTAL
1984 1983 562 576 513 555 29 32
161
184} 371
54
14 12 10
75 44 1,604 1,589
Disposed
Opinions Written
Decided Without Opinion (Rule 59)
Certiorari Granted Denied
Habeas Corpus Applications
Granted Denied
Interlocutory Appeals
Granted Denied
Discretionary Appeals
Granted Denied
Original Petitions/Motions Granted Denied
Disciplinary/Bar Admissions (by order)
Other Transferred to Court of
Appeals by order Dismissed/Remanded by order Withdrawn
TOTAL
1,984 1,983 420 408
108 131
406 509 74 88
332 421
148 99
14
8
134 91
46 33 17 13 115 96
166 137 51 41
115 96
11 30 2 9
45 43 199 220
32} 125 220
42 1,549 1,610
Court of Appeals
Superior Courts
T he Court of Appeals is authorized to exercise appellate and certiorari jurisdiction in all cases where exclusive jurisdiction is not reserved to the Supreme Court or conferred on other courts. Such cases include civil claims for damages, cases involving worker compensation and insurance claims and criminal cases other than capital felonies. The court may also certify questions to the Supreme Court for instruction.
The Court of Appeals consists of nine judges divided into three panels of three judges each. Under the court's rules, the judges elect a chief judge who then appoints judges to preside over each of the three divisions. Any decision rendered by a division is final unless a single judge dissents, whereupon the case is considered by all nine judges. In the instance of an equal division of judges hearing a case in full, the case is
Georgia Judicial Administrative Districts
transferred to the Supreme Court. Judges of the Court of Appeals are
elected in statewide, nonpartisan elections. A vacancy in any judgeship is filled by gubernatorial appointment.
The Court of Appeals sits exclusively in Atlanta and holds three terms of court per year, beginning in September, January and Ar,ril.
JUDICIAL COUNCIL OF GEORGIA
Georgia Judicial Districts
CIRCUIT BOUNDARY
T he superior court is Georgia's court of general jurisdiction. Superior courts have exclusive jurisdiction over trials in felony cases (except in the case of juvenile offenders) and in cases involving divorce, equity and questions of land title. With the exception of certain probate and juvenile matters, the superior courts exercise concurrent jurisdiction over other cases with the limited jurisdiction courts located in the same county. The superior courts are authorized to correct errors made by lower courts by issuing writs of certiorari, and for some lower courts, the right to direct review by the superior court applies.
Located in each of the state's 159 counties, superior courts are organized by judicial circuits, or groups of counties. Circuits vary in size and population, as well as in the number of judges serving them. From one to eight counties comprise the circuits, with the single-county circuits generally located in or near the several large metropolitan areas of the state. The number of superior court judges per circuit ranges from one judge in each of four circuits to eleven judges
in the Atlanta Judicial Circuit. As of June 30, 1984, there were 12 3 judges
in the state's 45 circuits, with an additional judge to take office on July 1, 1984.
For the purpose of administration, the judicial circuits are organized into 10 judicial administrative districts whose boundaries correspond roughly to those of Georgia's U.S. congressional districts. The superior court judges of each district elect one among their number to serve as administrative judge. The administrative judges are authorized by statute to utilize caseload and other information for management purposes and to assign superior court judges, with their approval, to other counties or circuits as needed.
8
Superior Courts
FY'SO
FY'81
5-yr trend: total filings/dispositions
19J436
~
1891244
169~512 171.734
FY'82 19)086
171,448
FY'83
1931155 176,491
FY'84
200,000 189,511
J
183.805175,000
150,000
All superior court judges are elected in nonpartisan elections by the voters of each circuit to terms of four years. Certain vacancies and new
judgeships may be filled by gubernatorial appointment.
Caseload data for the superior courts is presented at left. The graphs compare total, citil, criminal and per judge filings and dispositions for fiscal ye_ars 19801984. The table on pages 10 and 11 presents FY'84 total superior court caseload by circuit and case type.
5-yr. trend: civil filings/dispositions
125 -~3845
~
l
121,906
I
105;929'
'"''
1o6oi'53
fi3~365
133,695
'-'"""'
120,147
140,000 132,703
i2~581 ' 120,000
100,000
5-yr. trend: criminal filings/dispositions
1--67'138 63,583
I
65,233
~
60,739
58,b83
I
70,000
59,460
56,808
~
60,000
56,344
55r 50,000
5-yr. trend: average per judge, total filings/dispositions
1)36
~
~
1,648
1,555
Filings Dispositions
FY'SO
1,439 FY'81
1,662
-~
"1,5'83 ~41
1,j53 FY'82
1'\47 FY'83
J
1,y4 FY'84
1,700 1,600 1,500
9
FY 1984 Superior Court Case load (Docket entries)
Circuit
Alapaha Alcovy Appalachian
Atlanta Atlantic Augusta
Blue Ridge Brunswick Chattahoochee
Cherokee Clayton Cobb
Conasauga Cordele Coweta
Dougherty Douglas Dublin
Eastern Flint Griffin
Gwinnett Houston Lookout Mountain
Macon Middle Mountain
Northeastern Northern Ocmulgee
Total Criminal
Filed Disposed
3,257 1,250
860
2,999 1,404
812
5,266 785
1,014
4,999 529
1,174
480 1,734 1,693
477 1,452 1,912
1,351 988
1,813
1,486 1'144 2,386
1,181 1,046
807
1,094 1,036
815
751
677
1,091
850
1,129
878
1,433 889
1,439
1,577 859
1,269
740 458 2,068
710 456 1,598
1,495 590 613
1,650 534 510
1,596 1,061 2,231
1,585 1,116 1,821
Felony
Filed Disposed
666
517
397
488
200
164
5,215 592 859
4,976 360 952
457 663 1 '150
458 476 1,079
822 940 1,813
801 1,092 2,386
424
410
399
418
614
622
751
677
300
276
270
261
1,290 478 703
1,478 444 620
697
661
406
406
917
701
1,009 547 308
1,105 495 277
549 487 1,252
555 503 1,081
Misdemeanor
Traffic
Filed Disposed Filed Disposed
981
944 1,610 1,538
741
817
112
99
367
326
293
322
51
23
0
0
64
54
129
115
120
164
35
58
22
18
1
575
511
496
465
383
395
160
438
443
569
36
41
0
0
86
116
12
11
0
0
521
475
236
209
621
599
26
19
163
161
30
32
0
0
0
0
466
361
325
213
731
543
128
74
140
95
3
4
349
369
62
46
499
424
237
225
33
34
10
15
52
50
0
0
843
695
308
202
437
497
49
48
37
38
6
1
215
178
90
55
464
425
583
605
554
592
20
21
913
693
66
47
Oconee Ogeechee Pataula
Piedmont Rockdale Rome
996
805
481
375
449
382
66
48
452
407
347
330
70
58
35
19
1,036 1,177
403
472
377
461
256
244
1,188 1,151
336
302
312
306
540
543
570
530
251
254
222
202
97
74
1,527 1,451
438
411
974
976
115
64
South Georgia Southern Southwestern
Stone Mountain Tallapoosa Tifton
Toombs Waycross Western
TOTAL AVERAGE PER JUDGE*
909 1,157
511
2,107 1,065
585
2,171 866 559
56,808 462
852 1,169
534
2,058 944 856
2,209 694 578
55,224 449
789 973 311
2,107 342 369
275 609 519
33,725 274
670 1,009
330
2,057 312 573
265 470 539
33,108 269
99 182 190
0 444 211
814 229
34
15,428 125
160 158 191
392 272
924 207
33
14,814 120
21 2
10
0 279
5
1,082 28 6
7,655 62
22 2
13
0 240
11
1,020 17 6
7,302 59
*Based on 123 superior court judges.
10
FY 1984 Superior Court Caseload (Docket Entries)
Total Civil
General Civil
Domestic Relations Independent Motions Total Caseload
Total Open
Filed Disposed Filed Disposed Filed Disposed Filed Disposed Filed Disposed Case load
1,494 1,491
467
407
792
713
235
371
4,751
4,490
2,074
1,728
611
478
894
752
569
498 3,324 3,132
839
785
298
298
369
358
172
129
1,699
1,597
2.636 3,205 2,086
12,301 2,571 5,322
13,105 2,480 4,446
3,596 809
1,033
4,518 778 690
6,087 1,387 3,118
5,693 1,330 2,745
2,618 375
1,171
2,894 372
1,011
17,567 3,356 6.336
18,104 3,009 5,620
12,574 1,659 7,284
1,588 1,414
286
268
1,090
948
212
198
2,068
1,891
3,443 3,428
971
1,006
2,036
2,009
436
413
5,177
4,880
4,876
5,520
994
1,167
3,390
3.866
492
487
6,569
7,432
1,618 3,999 6,160
2,610 2,965 7,434
2,403 2,788 7,103
752 628 1,119
729 596 1,056
1,002 2,112 5,218
967 1,959 4,939
856 225 1,097
707 233 1,108
3,961 3,953 9,247
3,889 3,932 9,489
3,883 2,729 7,199
2,877 1,578 4,005
2,97 4 1,535 3,816
650
7 41
1,588
1,638
549
483
686
740
992
1,093
2,186
2,057
639 343 827
595
4,058
4,068
312
2,624
2,571
666
4,812
4,631
2,942 1,340 4,286
2,046 1,954 1,566
2,401 2,611 1,280
483
672
1,366
1,428
932
1,299
663
733
617
566
591
452
197 359 358
301
2,797
3,078
579
3,045
3,461
262
2,695
2,158
1,626 3,179 3,098
3,392
2,489
888
464
1,827
1,665
677
360
4,825
4,066
2,077
1,969
843
971
758
745
476
253
2,966
2,828
2,813 2,859
790
909
1,34 7
1,355
676
595
4,252
4,128
5,140 2,719 2,859
3,958 4,172
933
932
2,300
2,460
725
780 4,698 4,882
1,699 1,510
260
253
1,077
957
362
300
2,157
1,966
3,311
3,008
787
751
1,819
1,732
705
525 5,379 4,606
2,061 2,271 3,500
4,026 4,41 5
943
898
2,456
2,921
627
596 5,521
6,065
2,053
1,717
681
603
981
805
391
309
2,643
2,251
1,774 1,642
412
393
1,033
982
329
267
2,387
2,152
3,048 2,421 1,484
2,439
2,367
628
620
1,206
1,159
605
588 4,035 3,952
1,710 1,541
497
451
786
689
427
401
2,771
2,657
3,893
2,763
1,758
1,306
1,225
904
910
553
6,124
4,584
1,690 2,739 5,231
1,627
1,154
532
431
620
452
1.993 2,224
609
757
1,006
1,089
1,628
1,544
517
442
931
785
-------------------
1,691
1,481
423
423
758
664
1,101
741
400
241
411
370
2,562
2,254
714
630
1,018
960
----------------------------------------------------
1,982
1,936
489
487
1,241
905
3,319 3,316
986
728
1,901
1,663
1,869
1,996
744
790
862
956
475 378 180
510 290 830
252 432 263
271 378 317
394 130 664
544 925 250
2,623 2,445 2,664
2,879 1,671 4,089
2,891 4,476 2,380
1,959 2,631 2,721
2,632 1,271 3,705
2,788 4,485 2,530
1,711 1,228 1,724
2,272 2,828 3,977
1,553 3,436 1,733
9,466 2,604 2,223
9,883 2,632 2,335
1,994 956 660
2,094 1,077
580
5,568 1.033 1.125
5,938 940
1,070
1,904 615 438
1,851 615 685
11,573 3,669 2,808
11 ,941 3,576 3,191
10,115 3,280 1.989
1,018
961
279
235
479
488
260
238 3,189 3,170
2,724 2,380
845
689
1,424
1,312
455
379
3,590
3,074
1.847
1,787
657
629
895
877
295
281
2,406 2,365
1,583 2,421 1,372
132,703 128,581
1,079
1.045
36,072 293
35,665 290
70.874 576
68,281 555
25,757 209
24,635 189,511 183,805
200
1 ,541
1,494
148,613 1,208
II
State Courts
F irst established in 1970 as a general class of limited jurisdiction courts from a combination of existing, county-funded courts, state courts were granted uniform jurisdiction by the 1983 constitution effective with the 1984 fiscal year. All state courts now exercise jurisdiction over trials of nonfelony criminal cases and retain civil jurisdiction over the trial of all general civil actions regardless of the amount claimed, unless exclusive jurisdiction is vested in the superior courts.
Uniform state court jurisdiction also includes hearing applications for and issuing search and arrest warrants, holding courts of inquiry and punishing contempts by fine ($500 or less) and/or imprisonment (20 days or less). Additionally, state courts have been granted appellate jurisdiction by the constitution to review decisions
of lower courts as may later be provided by law.
On June 30, 1984, 62 state courts were operational in 63 counties. (The state's only multi-county state court serves both Cherokee and Forsyth counties.) Of the 79 judges presiding, 32 were full-time state court judges, while 47 served part-time. Part-time judges are authorized to practice law in courts other than their own.
Beginning with fiscal year 1984, state court judges are elected in nonpartisan elections by the voters of the respective counties and serve terms of four years. Vacancies and new judgeships may be filled by appointment of the governor in certain instances.
Be1ou' is a comparison of total state court casdoad for f!swl years 19801984. FY'84 filings and dispositions by county are listed in the follou'ing table.
State Courts
FY'80
FY'81
FY'82
5-yr. trend:
total filings/dispositions
,.,.. -46229 ..,.,...,....
/
435,104
I
436t669
453r41
400,426
418,682
FY'83
FY'84
49J,433
~
500,000
..... 450,000
436,787
-1 400,000
*
1
381 .608**
350,000
*Disposition data unavailable for FY'83. **Civil disposition data unavailable for Fulton County.
Filings Dispositions
12
FY 1984 State Court Caseload (Docket entries)
County
Misdemeanor Filed Disposed
Traffic Filed Disposed
General Civil
Independent Motions
Total Caseload
Filed Disposed
Filed Disposed Filed Disposed
Appling Baldwin Bibb
484
475
1,514
1,505
19
1,756
1,756
1,620
1,620
0
3,029
3,403
2,336
2,164
658
17
14
0
0
599
151
9
2,031
2,006
0
3,376
3,376
130
6,174
6,296
Bryan Bulloch Burke
161
159
324
320
42
2
15
3,060
2,561
51
404
404
2,204
2,204
65
31
7
57
27
64
75
6
534
516
10
3,140
2,643
67
2,748
2,739
Candler Carroll Chatham
132 1,296 1,238
104 1,004 1,554
2,014 4,632 1,204
1,968 3,883 1,138
0 520 2,841
0 335 3,214
17 136 1,274
13 39 1,041
2,163 6,584 6,557
2,085 5,261 6,947
Chattooga Cherokee Clarke
608
446
2,025
1,697
21
1,229
1,080
5,899
5,534
562
255
232
937
892
149
4
660
100
192
105
2,655
2,148
113
7,790
7,387
105
1,446
1,421
Clayton Clinch Cobb
3,960 312
5,590
3,029 314
5,929
14,891 1,021
32,645
14,521 1,022
28,245
2,472 221
6,071
2,729 202
6,256
2,865 0
8,664
1,890 0
7,626
24,188 1,554
52,979
22,169 1,538
48,056
Coffee Colquitt Coweta
958
647
2,549
2,085
64
50
24
824
751
1,658
1,586
53
38
25
1,163
1,297
5,210
4,818
229
176
63
8
3,595
2,790
81
2,560
2,456
23
6,665
6,314
Decatur DeKalb Dougherty
1,003 4,893 3,974
657 4,903 3,936
1,966 4,158 5,951
1,940 4,558 6,341
42 10,188
1,173
30 9,796 1,017
29 25,566
2,930
59 9,299 4,148
3,040 44,805 14,028
2,686 28,556 15,442
Early Effingham Elbert
376
378
807
881
31
42
4
234
170
1'11 0
1,106
138
106
11
440
352
1,092
1,033
21
18
0
9
1,218
1,310
2
1,493
1,384
0
1,553
1,403
Emanuel Evans Forsyth
816
527
3,921
3,591
84
66
48
224
222
645
659
15
7
17
1,043
881
2,791
2,696
319
324
79
38
4,869
4,222
3
901
891
91
4,232
3,992
Fulton Glynn Grady
10,258 1,006 635
9,406 676 391
25,870 6,822 1,484
24,845 5,315 1,497
38,860* 1,085 17
50,594* 1,058 13
54,541 * 1,102 7
107,062* 1,089 30
129,529* 10,115 2,143
191,907* 8,138 1,931
Gwinnett Habersham Hall
2,957 629
2,956
2,649 588
2,544
1,427 843
6,952
647 833 6,436
2,612 69
325
3,156 72
489
973 21
147
1,388 39
402
7,969 1,562 10,380
7,840 1,532 9,871
Houston Jackson Jefferson
2,812
1,698
5,990
4,458
991
412
348
6,323
5,753
17
551
551
1,898
1,898
1
858
480
38
29
68
373
10,273
32
6,781
56
2,518
7,387 6,171 2,506
Jenkins Liberty Long
159
141
535
549
72
1,090
1,066
5,111
5,161
79
17
17
1,910
914
6
79
4
36
18
9
2
770
770
5
6,298
6,268
3
1,935
943
Lowndes Macon Miller
2,416
2,378
12,530
12,009
208
167
63
169
15,217
14,723
203
187
607
563
25
32
20
6
855
788
115
112
972
971
5
5
8
13
1,100
1,101
Mitchell Muscogee Pierce
506
493
1,299
1,256
9
6
5
3,447
2,242
4,080
2,634
285
279
17
260
275
1,025
874
22
32
9
16
1,819
1,771
7
7,829
5,162
7
1,316
1'188
I 3
FY 1984 State Court Case load (Docket entries)
County
Misdemeanor Filed Disposed
Traffic
Filed
Disposed
General Civil
Independent Motions Total Caseload
Filed Disposed Filed Disposed
Filed Disposed
Putnam Richmond Screven
Spalding Stephens Sumter
308
308
549
549
0
5,912
5,353
15,685
14,376
332
180
187
951
961
14
664
602
1,633
1,665
112
382
358
685
617
42
915
813
1,846
1,814
91
0
0
227
193
23
0
50
26
53
17
115
38
0
857
857
124
22,122
20,080
2
1,145
1'173
10
2,435
2,327
16
1'126
1,044
43
2,890
2,785
Tattnall Thomas Tift
Toombs Treutlen Troup
Walker Ware Washington
174
184
1,791
1,831
55
1,482
1,478
2,269
2,280
38
1 .211
1,315
7,458
7,369
187
634
596
1,558
1,534
94
50
34
2,096
1,838
13
1,383
1'182
5,582
6,044
149
580 1,039
917
460
2,331
2,120
57
994
2,886
2,905
154
687
344
287
0
46
35
26
2,055
2,087
30
11
30
3,800
3,818
199
298
1'142
9,154
10,025
80
76
20
4
128
92
55
2,362
2,265
5
2,163
1,897
24
7,206
7,378
59
20
151
42
0
0
18
2,988
2,657
43
4,121
4,093
0
1,261
974
Wayne Worth
446
375
944
901
65
391
6
2,634
2,426
33
98
16
18
28
18
1,471
1,392
61
3,086
2,511
TOTAL
83,501
75,319 245,343 226,901 72,119* 44,444 96,080* 34,944* 497,043* 381 ,608*
*Incomplete data.
14
Juvenile Courts
Georgia's juvenile court exclusive original jurisdiction extends to cases involving delinquent children alleged to have committed noncapital offenses and unruly children under
the 17, deprived children under the age of 18 and juvenile traffic offenders under the age of 16. In addition,
the juvenile court has jurisdiction in custody proceedings referred from the superior court and in cases involving the termination of parental rights and enlistment in the militarv services and consent to marriage for 1~1inors. The juvenile court exercises concurrent jurisdiction with the superior court over cases involving capital offenses. Appeals from the juvenile court in all cases of ina! judgment are to the Court of Appeals and the Supreme Court.
Effective with the beginning of the 1984 fiscal year, the state's juvenile proceedings laws authorize the
Juvenile Courts
5yr. trend: total filir,JS/dispositions
superior court judge or majority of superior court judges in each circuit to appoint one or more juvenile court judges with jurisdiction throughout the circuit, unless otherwise provided by law. (One such exception is the juvenile court judgeship in Floyd County which is an elective position.) If no person is appointed as circuitwide juvenile court judge, all judgeships established pursuant to former law will continue as in effect on July I, 198 3, until the time that a circuitwide judge is appointed or until terminated by two successive county grand jury recommendations.
At the end of fiscal year 1984. there were II full-time juvenile court judges and 39 part-time judges serving in the state's 62 separate juvenile courts created according to the former Georgia juvenile proceedings code. Of the 50 judges serving, three served as both juvenile and state
35,000
court judge. Superior court judges heard juvenile cases in the remaining 94 counties. Twenty-two juvenile court referees assisted the juvenile or superior court judge in presiding over juvenile court cases in 23 counties.
Juvenile court judges generally serve terms of four years. At the time a person is appointed as judge, the person must be 30 years of age, be a citizen of the state for three years and have practiced law for at least three years. Other than those referees serving on July I, 1983, a referee must be
a member of the State Bar or a law
school graduate. Juvenile court judges are required
by law to participate in annual training seminars established by the Council of Juvenile Court Judges. Superior court judges exercising juvenile court jurisdiction my meet the training requirement by attending seminars held in conjunction with superior court judges' seminars provided by the Institute of Continuing Judicial Education.
StatcwiJc total juvenile court filings anJ clisfJositions arc comJ)(!rcJ bclou for fiscal years 1980-1984. Juvenile court wscloaJ for FY'84 is prcscntcJ by county in the table on pages 16-18.
32,500
30,000
Filings Dispositions
15
FY 1984 Juvenile Court Caseload (Number of children)
County
Delinquent Filed Disposed
Unruly
Traffic
Deprived
Special Proceedings
Total
Filed Disposed Filed Disposed Filed Disposed Filed Disposed Filed Disposed
Appling Atkinson Bacon
Baker Baldwin Banks
Barrow Bartow Ben Hill
30
34
7
7
0
0
0
0
0
0
37
41
9
9
2
2
0
0
0
0
0
0
11
11
14
11
0
0
0
0
14
13
0
0
28
24
0
0
0
0
0
0
0
0
0
0
0
0
54
54
7
7
0
0
17
17
1
79
79
0
0
0
2
0
2
4
0
0
4
5
95
78
9
8
11
10
44
34
0
159
131
292
284
88
91
19
19
224
209
84
81
707
684
30
29
7
7
0
0
17
17
0
0
54
53
Berrien
18
18
1
1
2
2
8
5
0
0
29
26
Bibb
581
588
97
101
3
3
75
71
99
83
855
846
Bleckley
11
12
0
0
2
2
0
0
14
15
Brantley Brooks Bryan
15
11
0
0
0
0
0
0
0
0
15
11
20
18
2
2
2
7
5
5
36
27
38
35
16
15
4
4
10
10
69
65
Bulloch Burke Butts
56
50
16
15
8
10
17
20
8
8
105
103
22
25
0
0
0
0
7
10
0
0
29
35
21
16
0
0
3
3
5
4
30
24
Calhoun Camden Candler
9
9
0
0
0
0
0
0
0
0
9
9
53
38
8
3
0
0
16
7
0
0
77
48
4
4
2
2
0
0
3
3
0
0
9
9
Carroll Catoosa Charlton
85
84
2
3
6
6
80
57
7
12
180
162
73
70
18
18
8
6
31
17
11
5
141
116
14
12
2
2
0
0
0
0
0
0
16
14
Chatham
1,267 1,297
184
186
85
81
221
193
63
61
1,820 1,818
Chattahoochee 21
21
0
0
0
0
0
0
0
0
21
21
Chattooga
1 6
11
16
16
4
2
25
19
0
0
61
48
Cherokee
206
159
75
67
13
12
123
72
34
14
451
324
Clarke
312
314
45
46
1
0
33
33
103
107
494
500
Clay
3
3
0
0
0
0
5
5
Clayton
717
696
295
281
29
39
176
165
109
101 1,329 1,282
Clinch
5
6
0
0
0
0
0
0
0
0
5
6
Cobb
1,032 1,042
555
528
92
91
237
249
49
54 1,965 1,964
Coffee
44
32
3
5
8
8
0
0
0
0
55
45
Colquitt
92
92
8
8
0
0
32
33
4
4
136
137
Columbia
135
129
30
32
2
2
0
0
9
8
176
171
Cook
52
51
5
5
9
8
0
0
67
65
Coweta
182
191
47
46
17
17
112
103
9
12
367
369
Crawford
2
0
0
0
0
0
0
0
0
2
----------------------------
Crisp
66
66
10
12
0
0
15
22
0
1
91
101
Dade
12
11
0
0
1
0
25
24
8
6
46
41
Dawson
19
0
0
0
0
2
22
3
Decatur
63
46
2
1
0
10
8
0
76
56
DeKalb
1,928 1,749
774
799
80
78
394
387
99
88 3,275 3,101
Dodge
28
28
0
0
0
0
0
0
0
0
28
28
Dooly
22
22
6
6
0
0
6
6
0
0
34
34
Dougherty
562
605
63
62
10
13
80
87
8
8
723
775
Douglas
238
234
47
45
6
8
42
31
15
14
348
332
Early
31
30
1
1
1
1
4
4
0
0
37
36
Echols
0
0
0
0
0
0
0
0
0
0
0
0
Effingham
28
28
10
9
0
0
10
9
4
4
52
50
Elbert
22
24
2
4
4
4
7
14
2
6
37
52
Emanuel
19
19
5
5
0
0
25
25
0
0
49
49
16
Evans
26
19
2
2
0
0
0
0
0
29
21
FY 1984 Juvenile Court Caseload (Number of children)
County
Delinquent Filed Disposed
Unruly
Traffic
Deprived
Special Proceedings
Total
Filed Disposed Filed Disposed Filed Disposed Filed Disposed Filed Disposed
Fannin
10
12
5
1
2
2
14
9
2
32
26
Fayette
60
57
4
3
10
10
3
3
6
6
83
79
Floyd
239
236
166
162
34
34
79
89
2
5
520
526
Forsyth
63
54
36
28
11
5
57
31
0
0
167
118
Franklin
19
16
1
2
2
12
8
0
0
34
27
Fulton
3,073 3,066
582
584
122
129
669
716
83
79 4,529 4,574
Gilmer
24
13
13
8
0
0
4
4
0
0
41
25
Glascock
2
2
0
0
0
0
2
4
0
0
4
6
Glynn
362
321
146
138
15
14
42
39
12
13
577
525
Gordon Grady Greene
121
107
92
72
17
15
74
50
31
30
335
27 4
42
24
3
0
0
6
3
0
0
51
28
10
9
0
0
0
0
4
3
0
0
14
12
Gwinnett
726
701
362
359
58
49
244
211
105
99 1,495 1,419
Habersham
21
0
0
0
0
10
0
0
0
32
0
Hall
233
239
122
124
31
30
50
64
40
40
476
497
Hancock
4
4
0
0
0
0
0
0
1
0
5
4
Haralson
35
32
2
19
10
0
2
57
46
Harris
7
7
2
2
3
3
0
0
0
0
12
12
Hart Heard Henry
39
38
1
5
5
17
16
1
63
61
6
6
2
2
0
0
5
3
5
5
18
16
79
78
67
65
4
3
67
68
6
6
223
220
Houston
124
132
15
12
7
5
38
37
16
15
200
201
Irwin
16
15
0
0
0
0
0
0
17
16
Jackson
28
17
10
5
3
0
18
17
0
0
59
39
Jasper
1
10
1
1
0
0
9
20
0
0
11
31
Jeff Davis
36
35
7
6
3
3
0
0
0
0
46
44
Jefferson
21
19
0
0
0
0
2
2
0
0
23
21
Jenkins Johnson Jones
11
11
0
0
0
0
4
4
0
0
15
15
8
7
2
2
0
0
7
6
0
0
17
15
6
6
0
0
0
0
7
7
0
0
13
13
Lamar Lanier Laurens
13
12
7
7
6
6
5
3
32
29
18
12
1
1
2
2
0
0
0
0
21
15
91
80
0
0
4
2
24
1 6
0
0
11 9
98
Lee
40
44
12
13
11
11
1
24
23
88
92
Liberty
1 60
123
74
61
1
40
13
276
199
Lincoln Long
0
0
0
0
2
2
3
6
4
---------------------------------------------------
18
18
11
2
0
0
5
0
0
34
21
Lowndes
130
120
13
12
0
0
58
49
0
0
201
181
Lumpkin
34
6
2
0
2
0
0
4
2
43
8
Macon Madison Marion
28
27
2
34
19
0
4
4
0
2
0
0
4
0
0
0
8
8
7
7
5
0
0
0
1
1
39
38
0
0
45
31
0
0
4
4
McDuffie
41
42
0
0
0
0
14
13
7
6
62
61
Mcintosh
15
12
6
6
0
0
4
3
1
2
26
23
Meriwether
16
17
2
2
14
11
4
4
37
35
Miller Mitchell Monroe
42
40
1
1
0
0
2
3
0
0
45
44
46
45
3
3
2
2
5
7
0
0
56
57
25
22
0
0
0
0
6
4
2
33
27
Montgomery
3
3
0
0
0
0
11
11
0
0
14
14
Morgan
4
4
4
4
0
12
12
0
0
21
20
Murray
56
57
30
29
3
21
1 9
2
2
1 1 2
108
Muscogee 1,101 1,083
413
396
60
61
277
262
220
166 2,071 1,968
Newton Oconee
236
225
106
93
12
12
136
131
26
27
516
488
26
24
1
8
10
0
0
36
36
17
FY 1984 Juvenile Court Caseload (Number of children)
County
Delinquent
Unruly
Traffic
Deprived
Special Proceedings
Total
Filed Disposed Filed Disposed Filed Disposed Filed Disposed Filed Disposed Filed Disposed
Oglethorpe
4
5
0
0
Paulding
97
73
2
3
Peach
45
44
7
5
1
2
1
0
0
7
7
1
8
10
0
0
108
87
0
0
0
0
0
53
49
Pickens
29
32
13
1 2
9
8
9
9
9
9
69
70
Pierce
22
22
0
0
0
0
2
2
0
0
24
24
Pike
7
8
0
0
5
5
1 4
1 5
------------------------------------------------------------------------------------------
Polk
28
25
45
19
5
5
29
19
0
0
107
68
Pulaski
13
17
1
0
0
3
0
0
0
17
18
Putnam
12
12
11
10
0
0
19
13
0
0
42
35
--------------------------
Quitman
3
3
0
0
0
0
0
0
0
0
3
3
Rabun
7
15
0
0
0
0
5
0
0
12
16
Randolph
41
39
0
0
0
0
12
11
2
2
55
52
Richmond 1,106 1,088
308
308
Rockdale
126
120
35
35
Schley
11
11
2
2
Screven
14
13
4
4
Seminole
15
11
0
0
Spalding
212
217
70
66
32
33
17
17
7
7 1,470 1,453
11
11
33
35
17
19
222
220
0
0
0
14
15
---------------------------------------------------
0
0
5
5
0
0
23
22
0
0
0
0
0
0
15
11
5
5
59
55
4
4
350
34 7
Stephens
8
4
0
0
0
0
8
5
0
17
9
Stewart
24
26
6
5
0
0
6
3
37
35
Sumter
104
108
28
28
2
5
16
16
2
2
152
159
Talbot
4
4
0
0
0
0
0
0
0
0
4
4
Taliaferro
2
2
0
0
0
0
0
0
0
0
2
2
Tattnall
29
24
7
7
0
0
0
0
0
0
36
31
Taylor Telfair Terrell
4
4
0
0
0
0
0
0
0
0
4
4
25
38
0
2
1
0
0
27
42
34
45
0
0
0
0
36
47
Thomas
124
123
35
39
4
3
38
32
12
12
213
209
Tift
210
185
39
31
5
5
14
13
1
1
269
235
Toombs
24
24
7
7
0
0
7
7
0
0
38
38
Towns
2
2
0
0
0
0
1
2
1
4
5
Treutlen
12
12
10
7
6
4
0
0
29
24
Troup
377
373
21
19
8
7
96
107
6
6
508
512
Turner
46
Twiggs
14
Union
2
Upson
32
Walker
81
Walton
403
Ware
184
Warren
15
Washington
30
Wayne
50
Webster
0
Wheeler
9
White
6
Whitfield
264
Wilcox
5
Wilkes
2
Wilkinson
2
Worth
60
TOTAL
20,282
27 14
2
37 85 402
198 4
27
49 0 9
6 285
5
0 2 2
19,614
0 1 0
48 122
72 0 3
11 0
3 136
4
0 0 0 5,855
0 1 0 1 45 11 7 88 0 3 18 0
135 4
0 0 0
5,689
3 0 0
0 33 90
27 0 0
7 2 0
2 18
0
0 0 0
1'126
1 0 0
0 32 86
33 0 0
8
0
2 17
0
0 0 0
1,098
3 6 3
25 34 137
169 0 4
17 3
12
0 165
3
13 3 0
5,292
3 6 3
29 28 134
167 0 4
21 3
12
4 157
3
15 3 0
4,971
0 0 0
0 12 19
64 0 0
5 0 0
0 43
0
0 0 0
1,556
0 0 0
0 9 23
72 0 0
5 0 0
3 46
0
0 0 0
1 ,451
52 21
5
58 208 771
516 15 37
90 5
22
11 626
12
15 5 0
34,111
31 21
5
67 199 762
558 4
34
101 4
22
16 640
12
15 5 0
32,823
18
Probate Courts
Georgia's probate courts exercise jurisdiction in the probate of wills, the administration of estates, the appointment of guardians and the involuntary hospitalization of incapacitated adults and other dependent individuals. Probate judges are also authorized to perform certain administrative functions, such as issuing marriage licenses, pistol permits and delayed birth certificates.
Other duties for which probate judges may be responsible, depending on the particular county, include holding habeas corpus hearings, supervising local elections or holding courts of inquiry. (Twenty-two probate judges also serve as chief magistrate for their counties.) Probate courts may also hear traffic cases and try violations of state game and fish laws, unless there is a demand for a jury trial.
There are 159 probate judges in
Georgia, each serving a single county. Each probate judge is elected in a partisan election by the voters of the county to a term of four years. In most counties, a vacancy in office is filled through special election ordered by an official serving as interim judge. In other counties, designated or appointed persons fill the vacancy until the next succeeding general election.
Georgia law requires probate judges to fulfill an annual training requirement by attending seminars conducted by the Institute of Continuing Judicial Education and planned together with the Executive Probate Judges Council. The Council is a state agency charged with the responsibility to advise the Institute on matters concerning continuing education for probate judges.
A comparison of total criminal filings and dispositions for those probate courts exercising criminal jurisdiction is fne-
sentcd below for fiscal years 19801984. The tables on pages 20-23 list the FY'84 criminal caseload for those probate courts exercising criminal jurisdiction and the FY'84 cit>il caseload of 105 probate courts for which data um toluntarily submitted.
Probate Courts
5-yr. trend: total criminal fi lings/d ispos1tions
FY'80
FY'81
FY'82
FY'83
FY'84
169,440
16~
148,~J
167,315
145,799
152,911
1791094
~ I
17j
180,000
*
171,418
160.000
140,000
*Disposition data unavailable for FY'83. Filings Dispositions
19
FY 1984 Probate Court Civil Caseload (Docket entries filed)
County
Total Civil
No Admin-
Adminis- istration
Probate
Guardian- Year's
!ration Necessary Common Solemn
ship Support
Habeas HospitalCorpus ization
Appling Atkinson Bacon
131
34
1 0
43
9
3
54
6
4
0
40
3
20
0
9
9
1 0
5
0
5
2
0
28
0
3
0
28
Baldwin Banks Barrow
366
25
8
12
72
81
5
1
162
53
10
1
0
32
8
2
0
0
132
17
12
2
51
12
3
0
35
Bartow Ben Hill Berrien
253
29
6
69
9
4
157
28
11
3
90
31
10
1
37
14
4
6
35
12
14
0
84
1
0
0
51
Bibb Bleckley Candler
605
61
41
1 7
355
38
29
31
7
0
2
17
3
2
58
6
6
3
28
10
0
0
64
0
0
0
5
Catoosa Charlton Chatham
0
0
0
0
0
0
0
33
15
0
0
11
0
2
1,306
118
98
30
490
231
109
0
0
0
5
0
220
Chattooga Cherokee Clarke
191
13
2
6
33
10
4
159
15
14
0
94
13
13
405
42
19
14
1 53
83
8
0
123
0
10
0
86
Clay Clayton Clinch
18
0
2
0
15
1
0
10
0
562
60
34
13
198
20
69
0
68
27
2
3
0
12
120
2
0
0
Cobb Coffee Colquitt
1,365
132
76
26
625
8
94
114
21
16
6
45
336
5
199
25
19
5
87
21
7
0
60
0
0
0
36
Cook Coweta Dade
73
7
0
0
25
20
5
0
33
273
29
9
2
1 24
3
35
16
36
39
1
6
0
13
38
0
0
14
Dawson Decatur Dodge
32
1
2
1
15
5
0
5
92
5
5
6
36
7
1
0
29
81
4
3
1 7
46
1 0
3
0
3
Dougherty Douglas Emanuel
307
39
33
13
1 64
5
1 2
250
20
12
6
90
46
50
114
22
162
3
54
60
0
0
0
1 2
0
0
Evans Fayette Floyd
28
10
2
2
11
18
0
126
7
7
10
50
3
1 2
356
36
27
16
189
20
13
0
0
0
20
0
50
Fulton
3,172
373
332
205
1,299
25
132
0
15
Gilmer
43
5
0
20
816
12
0
0
Glascock
20
2
0
13
5
0
0
0
---------------------------------------------------------------------------------------
Glynn
310
58
12
13
136
4
13
0
51
Gordon
1 27
34
8
2
58
27
7
0
0
Greene
70
1 2
3
33
18
0
1 6
Gwinnett Hall Haralson
678
63
36
11
300
4
50
265
30
21
17
162
157
13
76
14
0
1
45
22
8
0
61
0
0
0
0
Harris
65
8
2
4
45
8
3
0
0
Heard
94
23
0
1
44
3
2
0
21
Henry
181
16
14
9
84
44
13
0
---------------------------------------------------------------------------------------
Houston
266
34
8
5
134
75
10
0
0
Irwin
29
2
20
5
0
0
0
Jackson
98
11
8
2
60
10
7
0
0
Jeff Davis
Jenkins
20 Jones
38
7
5
3
1 8
3
2
0
0
54
6
4
4
18
7
1
0
14
102
14
9
8
32
13
0
0
26
FY 1984 Probate Court Civil Caseload (Docket entries filed)
County
Total Civil
No Admin-
Admin is- istration
Probate
Guardian- Year's
tration Necessary Common Solemn
ship Support
Habeas HospitalCorpus ization
Lamar Lanier Laurens
54
8
6
2
33
2
0
0
3
25
2
2
0
14
2
0
4
218
25
19
2
65
28
5
0
74
Lee Lincoln Madison
13
3
1
3
2
2
0
0
31
5
0
3
19
2
2
0
0
93
6
7
2
38
1 2
3
0
25
Marion Mcintosh Morgan
20
6
3
0
9
0
2
0
0
42
10
2
7
15
4
0
0
4
96
13
4
2
35
15
2
0
5
Murray
97
17
3
36
10
13
Newton
228
29
11
8
94
39
7
Oglethorpe
62
5
9
23
16
6
------------------------------------------------------------------------
Paulding
147
11
7
0
54
10
8
Peach
104
6
7
5
42
6
3
Pickens
100
18
12
0
27
2
6
0
17
1
39
0
2
0
57
0
35
0
35
Pierce Pike Polk
66
7
5
4
13
7
4
0
26
42
3
5
1
20
1
3
0
9
207
15
3
2
98
26
3
0
60
Pulaski Quitman Rabun
58
7
6
3
23
4
5
0
10
14
1
0
11
0
0
0
59
7
2
30
5
2
2
1 0
Randolph
55
11
24
2
4
7
5
Richmond
961
118
57
54
295
91
117
0
229
Schley
13
2
0
7
0
0
0
3
--------------------------------------------------------------------------------------
Screven
51
3
9
31
3
1
0
3
Seminole
115
15
9
1
48
8
12
0
22
Spalding
424
62
43
6
167
32
34
0
80
Stephens Stewart Sumter
132
11
9
65
17
6
0
23
36
1 0
3
0
1 5
2
0
0
6
126
20
10
5
85
3
3
0
0
Taliaferro Taylor Terrell
7
1
2
0
4
0
0
0
0
71
1 5
0
1 3
3
0
38
44
6
0
4
25
5
0
3
Thomas Tift Treutlen
503
20
5
6
103
1 7
0
351
134
12
10
2
60
15
1
0
34
20
6
0
12
0
0
0
Turner Twiggs Union
91
10
1
1
28
4
0
46
93
12
2
2
23
6
12
0
36
54
17
2
0
28
3
4
0
0
Upson Walker Walton
194
18
20
269
28
21
163
0
13
3
91
13
8
8
143
45
24
6
78
11
4
0
41
0
0
0
41
Ware Warren Washington
243
31
1 6
22
4
1
80
1 0
9
3
11 6
1 6
1 9
0
8
1
0
40
11
3
0
42
0
8
0
6
Webster Wheeler White
32
6
4
0
12
3
4
0
3
32
10
5
0
9
4
0
3
46
6
2
30
2
2
0
3
Whitfield Wilkinson Worth
560
157
25
29
211
55
19
48
11
2
27
5
2
74
5
6
35
6
2
0
64
0
0
0
19
2
FY 1984 Probate Court Criminal Caseload (Docket entries)
County
Misdemeanor
Traffic
Total Criminal
Filed Disposed Filed Disposed Filed Disposed
Bacon Baker Banks
66
39
368
347
434
386
0
0
517
517
517
517
55
52
1,497
1,292
1,552
1,344
Barrow Bartow Ben Hill
0
0
730
744
730
744
389
289 4,994 4,102 5,383 4,391
22
22
872
900
894
922
Berrien Bleckley Brantley
76
76
545
545
621
621
67
67
702
702
769
769
82
40
1'1 08
1,050
1'1 90
1'1 90
Brooks Butts Calhoun
47
4 7
1,453
1,453
1,500
1,500
116
89 3,556 3,088 3,67 2 3,177
79
75
413
402
492
477
Camden Catoosa Charlton
0
0 3,282 3,165 3,282 3,165
1 5,1 20
5,120
5,121
5,121
0
0
616
657
616
657
Chattahoochee Clay Columbia
67
67
392
344
459
411
138
132
309
271
447
403
226
211
3,104
2,936
3,330
3,147
Cook Crawford Crisp
224
224 3,837 3,837
4,061
4,061
27
20
2,306
1,811
2,333
1,831
31
17 3,774 3,329 3,805 3,346
Dade Dawson Dodge
16
16
2,597
2,455
2,613
2,471
11 7
1 23
888
921
1,005
1,044
0
0
825
825
825
825
Dooly Douglas Echols
0
0 2,896 2,804 2,896 2,864
33
29 6,385 5,909 6,418 5,938
38
38
155
155
193
193
Fannin Fayette Floyd
17
14
747
714
764
728
25
27
1,792
1,743
1,817
1,770
303
222 5,040 4,071
5,643 4,293
Franklin Gilmer Glascock
38
42 3.048 3,183 3,086 3,225
104
102
580
549
684
651
8
4
72
60
80
64
Gordon Greene Hancock
147
148
3,067
2,928
3,214
3,076
129
129
2,326
2.326
2.455
2,455
25
25
386
386
411
411
Haralson Harris Hart
29
19 2,389
2,361
2,418 2.380
173
173
1.499
1,515
1,672
1,688
0
0
810
870
810
870
Heard Henry Irwin
71
74
872
844
943
918
91
89
7,809
7.038
7,900
7.1 27
58
58
644
644
702
702
,Jasper
29
29
985
985
1,014
1,014
Jeff Davis*
66
66
755
762
821
828
Jones
30
30
2.163
2,163
2,193
2,193
----------------------------------------------------------
Lamar
7
1.720
1,571
1,727
1,572
Lanier
0
0
394
394
394
394
Laurens
48
30 5.081
4,585
5.129 4,61 5
22
FY 1984 Probate Court Criminal Caseload (Docket entries)
County
Misdemeanor
Traffic
Total Criminal
Filed Disposed Filed Disposed Filed Disposed
Lee Lincoln Lumpkin
Madison Marion McDuffie
Mcintosh Meriwether Monroe
Montgomery Morgan Murray
Newton Oconee Oglethorpe
Paulding Peach Pickens
Pike Polk Pulaski
Quitman Rabun Randolph
Rockdale Schley Seminole
Stewart Talbot Taliaferro
Taylor Telfair Terrell
Towns Turner Twiggs
Union Upson Walton
Warren Webster Wheeler
White Whitfield Wilcox
Wilkes Wilkinson
TOTAL
123 171
74
77 13 37
0 68 116
22 73 188
69 109 106
11 25
2
29 56
5
102 63 0
0 12 65
73 95 20
9 70 23
3 22 92
36 47 64
9 0 0
2 154
35
97 0
5,782
114
1,632
1,474
1,755
1,588
165
265
311
436
476
74
915
924
989
998
73
1'115
1,002
1,192
1,075
13
1,185
1'167
1'198
1,180
49
2,908
2,843
2,945
2,892
0
2,096
2,096
2,096
2,096
62
2,841
2,453 2,909 2,515
140 9,994 10,579 10,110 10,719
22
573
573
595
595
73
4,142
4,142
4,215
4,215
201
2,262
2,249
2,450 2,450
71
3,864
4,057
3,933
4,128
82
1,517
1,266
1,626
1,348
73
645
728
751
801
10
970
1,208
981
1,218
25
1,520
1,283
1,545
1,308
2
1,658
1,658
1,660
1,660
27
1,261
1'192
1,290
1,219
50
1,540
1,454
1,596
1,504
5
331
331
336
336
102
229
229
331
331
63
409
406
472
469
0
773
773
773
773
0
5,497
5,266
5,497
5,266
37
207
614
219
651
65
897
893
962
958
64
675
598
748
662
94
1,960
1,950
2,055
2,044
20
630
630
650
650
9
1,561
1,470
1,570 1,479
70
968
968
1,038
1,038
23
999
999
1,022
1,022
3
237
237
240
240
22
2,666
2.610
2,688
2,632
92
664
663
756
755
36
237
237
273
273
35
3,586
3,326
3,633
3,361
70
3,015
3,015
3,079
3,085
9
101
93
110
102
0
483
472
483
472
0
1,195
1,090
1'195
1,090
2
613
613
615
615
163 4,041
4,619 4,195
4,782
23
561
442
596
465
96
903
902
1,000
998
0
599
495
599
495
5,385 173,312 166,033 179,094 171,418
""'Data IS Incomplete for cases tiled
Magistrate Courts
Other Courts
0 n July 1, 1983, due to new constitutional ;1nd statutory pro-
visions, a system of magistrate courts replaced existing justice of the peace courts, small claims courts, certain existing magistrate courts and the County Court of Echols County. These courts were granted uniform jurisdiction to 1) hear applications for and issue search and arrest warrants, 2) preside in actions concerning bonds for good behavior and bonds to keep the peace, 3) hold criminal commitment hearings, 4) try county ordinance violations, S) try civil claims up to $2,500 where jurisdiction is not vested exclusively in the superior court and 6) preside over dispossessory actions and issue distress warrants.
Magistrates are empowered to fine (up to $200) and punish (up to 10 days) for contempt and may set bail when the granting of bail is not exclusively reserved to another court. Additionally, the magistrate court may issue subpoenas for witnesses and administer oaths of office for which authority is not assigned to another official. Since the magistrate court cannot conduct jury trials, county ordinance violation cases must be transferred to the state or superior courts when a written demand for jury trial is made before trial. (Appeals are to the state or superior court.)
There is a magistrate court located in each of Georgia's 159 counties, with one chief magistrate and one or more additional magistrates. Initially appointed by a majority of a county's superior court judges, chief magistrates are now elected in partisan elections. The chief magistrate appoints qualified persons to serve as magistrates, the number of which was originally fixed by the superior court judges of each county. The term of office for each magistrate is four years.
Magistrates must be residents of the county for one year preceeding the beginning of their term of office, be at least 25 years of age and possess a high school diploma or its equivalent. All magistrates are re-
quired by law to attend certification/ training sessions provided by the Institute of Continuing Judicial Education in concert with the Georgia Magistrate Courts Training Council.
As provided by law, judges of other limited jurisdiction courts may also serve as chief magistrate or magistrate of a county. At the end of the fiscal year, 22 probate judges, three juvenile court judges, two municipal court judges and two civil court judges served also as chief magistrate.
The table on pages 25-27 lists the FY'84 caseload by county of 105 magistrate courts for which data um t'olunrarily submitted in response to a caseload questionnaire.
Numerous other limited jurisdiction courts operate along with the two appellate and five major trial courts to form the Georgia judicial system.
Originally created by statute or constitution, certain special courts retain limited civil and criminal jurisdiction throughout their particular counties. Such courts include the civil courts located in Bibb and Richmond counties and the municipal courts of Columbus and Savannah. Special courts authorized to exercise criminal jurisdiction only are the county recorder's courts in Chatham, DeKalb, Gwinnett and Muscogee counties.
On the local level, Georgia has approximately 350 municipal courts which try local traffic offenses and cases involving violations of municipal ordinances and exercise the criminal jurisdiction of magistrate courts. These courts may also exercise concurrent jurisdiction over cases involving one ounce or less of marijuana. Originally established as courts of incorporated municipalities with varying names (city courts, mayor's courts, municipal courts, recorder's courts, police courts), these courts have been classified as municipal courts by the 1983 constitution. One exception is the City Court of Atlanta, which retains its old, constitutional name.
24
FY 1984 Magistrate Court Caseload (Docket entries)
County
Warrants Issued
County Ordinance
Cases
Civil Claims Cases
Appling Banks Barrow
1,085 309
1 '1 71
0
285
22
93
0
490
Berrien Bibb Bryan
633 3,845
330
0
231
0
590*
0
300
Bulloch Burke Butts
2,234 919 461
162
1,754
0
740
0
256
Calhoun Candler Catoosa
186 397 1,650
0
119
0
258
0
227*
Clarke 1 Clayton Cobb
7,878 5,819 10,412
60
999
0
5,1 00*
0
563
Colquitt Columbia Coweta
1,805 1,053 1,503
0
1,373
731
75
1,253
Crawford Crisp Dawson
204 1,066
181
0
109
0
529
0
147
Decatur DeKalb 2 Dodge
963 14,152
570
0
594
0
38
0
392
Dooly Dougherty Douglas
244 8,876 1,865
0
397
0
2,925
111
442
Effingham Emanuel Evans
424
0
259
942
0
504
433
0
357
Floyd Forsyth Franklin
3,387 616 611
0
1,983
0
171
0
308
Fulton Glascock Gordon
10,795
20,293
924
22
6
112
1,268
0
646
Greene Habersham Hancock
542 1,312
225
0
488
65
436
0
713
Haralson Harris Hart
240
0
200
217
0
252
559
0
389
Henry Houston Jackson
1,353 1,702
973
59
868
0
1,566*
0
382
Jasper Jeff Davis Jefferson
182
0
123
852
0
721 *
963
0
933
Other Civil Cases
69 40 319
140
90
424 281
93
12 34
1'136
0
315 221 501
22 359
6
323 0
135
79 978 849
21 134 103
1,544 44 92
0 31 224
190 17
168
34 118 120
267
316
46
365
Total Cases Filed
1,439 464
1,980
1,004 4,435
720
4,574 1,940
810
317 689 1,877
10,073 10,919 10,975
3,493 2,006 3,332
335 1,954
334
1,880 14,190
1,097
720 12,779
1,402
704 1,580
893
6,914 831
1,011
32,012 171
2,138
1,220 1,830 1,106
474 587 1,068
2,547 3,268 1,671
351 1,573 2,261
2S
FY 1984 Magistrate Court Caseload (Docket entries)
County
Warrants Issued
County Civil Ordinance Claims
Cases Cases
Jones Lamar Lanier
415
0
466
326
0
234
161
0
121
Lee Long Lowndes
211 334 4,337
0
224
0
79
0
6,822*
Lumpkin Macon Madison
375
0
532*
717
0
468
437
0
236*
McDuffie Mcintosh Meriwether
832
0
957
324
0
246
277
0
453
Miller Monroe Morgan
Murray Muscogee 3 Newton
75 665 432
1'154 4,250 2,265
0
200
0
313
0
315
0
308
0
16,065*
9
722
Paulding Peach Pickens
728 1,057
450
5
69
25
458
0
122
Pierce Pike Polk
418
0
281
372
0
132
715
0
649*
Putnam Quitman Randolph
244
0
976*
26
0
7
390
0
120
Richmond Rockdale Screven
5,703 1,771
312
421
6,998
112
563
0
785
Seminole Spalding Stephens
349 2,315
700
0
130
0
1,705
0
390
Talbot Taliaferro Tattnall
108
0
121
42
0
36
363
0
753
Telfair 4 Terrell Thomas
584 336 2,827
0
260
0
268
0
2,521
Toombs Towns Treutlen
1,379 162 315
0
722
0
13
0
60
Troup Twiggs Union
Walton Ware Warren
1,394 215 275
1,578 2,651
194
1
2,008
0
165
0
190
3
591
500
0
392
Other Civil Cases
115 321
18 147
23
77
390 55
217
38 210 102 164
227 52
349 24 51 18
0 35 4,834 343 265
36 1,525
75 6 0
106 93
183 866 227
2 30 1,934 64 26 377 479 183
Total Cases Filed
996 881 300
582 436 11 '159
907 1,262
673
2,179 625 947
313 1,188
849
1,626 20,315
3,223
854 1,889
596
750 522 1,364
1,220 33
545
17,956 2,789 1,362
515 5,545 1'165
235 78
1,222
937 787 6,214
2,328 177 405
5,336 444 491
2,549 3,631
769
26
FY 1984 Magistrate Court Caseload (Docket entries)
County
Warrants Issued
County Civil Ordinance Claims
Cases Cases
Other Civil Cases
Total Cases Filed
Washington VVayne Webster
Wheeler White Whitfield
Wilcox Wilkes Wilkinson
Worth
1,268 901 63
94 231 3,584
173 381 286
1,237
0
716
0
383
0
113
0
172
0
92
0
2,750*
0
162
0
233
0
344
0
145
350
2,334
237
1,521
9
185
19
285
24
347
6,334
53
388
74
688
45
657
63
1,445
*Includes all civil cases.
1All ordinance cases are city ordinance violations. 2Civil division did not open until 6/18/84. 3 Figures include cases heard by the Municipal Court of Columbus. The chief magistrate
sits as judge in both courts. 4 For period 8!1 /83 to 6/30/84.
27
Judicial Agencies
28
Judicial Council of Georgia
I n beginning its second dec:1de of operation, the Judicial Council of Georgia underwent further reorganization to enable it to better represent :1nd serve the components of the state judicial system. The Council continued its efforts in several areas to establish systemwide, administrative support policies and :1ctively worked to endorse new steps aimed at assisting trial judges with court operations.
The restructuring of Judicial Council membership, effective August 5, 198 3, occurred in response to a Council-sponsored petition submitted to the Supreme Court in February, 1983. As ordered by the court, the chief justice and presiding justice serve as the permanent chairman and vice chairman of the Council. The new membership includes the I0 superior court judicial administrative district judges, the presidents and presidents-elect of each of the trial court judges councils and the chief judge and another, elected representative of the Court of Appeals. Thus, the Council represents all constitutional courts as well as all are:1s of the state. As constituted, all members serve as voting members, although the chairman will vote only in the event of a tie.
In line with its general responsibility to formulate and submit recommendations for the improved operation of the judicial system, the Judicial Council studied the need fur additional superior court judgeships in II judicial circuits. The study resulted in the Council recommending to the 1984 legislature and the Governor the creation of seven new judgeships. Requests for four other superior court judgeships, a request to split one judicial circuit and requests for changes in state court judgeships and a new state court were not approved by the Council. In recommending judgeships, the Council seeks to promote the efficient and just disposition of cases thrnugh a halanced and equitable distribution of caseload among judges. Council judgeship endorsements are based on
demonstrated needs resulting from comparative, objective studies.
Late in the year, the Council revised its stated policy on conducting and making recommendations concerning its annual judgeship study. The policy changes addressed questions concerning such issues as study deadlines, voting eligibility, deliberations sessions and weighted caseload threshold standards. It was the first time the Council had amended its judgeship policy since December, 1981.
The Judicial Council proposed several case load-related improvements during the year. The Council made a recommendation that the Supreme Court use its rule-making authority to develop a retrieval information system which would ensure the processing of certain caseload data from each level of court. It also recommended that the court formulate rules, procedures and forms governing superior court docket books to improve reporting of uniform caseload information. A third proposal suprorted by the Council was the solicitation and designation in each judicial administrative district of a volunteer judge representing each class of court to document judicial time required to process different types of cases.
The Judicial Council concentrated its legislative efforts in only a few areas in 1984. It approved a resolution to seek enactment of legislation which would provide an appropriate increase in the compensation of appellate and superior court judges. Additionally, it went on record as opposing any bill that would transfer supervisory authority for the Board of Court Reporting from the Judicial Council to the Secretary of State's Occupational Certification Division. Finally, upon the legislative approval of a hill to eliminate class exemptions from jury service, the Council sought to ensure procedural safeguards by recommending that Governor Harris delay the effective date of the hill as long as possible in order to allow time for jury box revisions. This was followed by a concerted statewide effort
to revise jury boxes to comport with the new law.
Another matter addressed by the Council during the year was the conduct of judicial evaluation polls in Georgia. The Council reviewed questions and polling procedures used by local bar associations in investigating possible improvements in polling methods. As a result of the study, recommendations were made regarding the Supreme Court's responsibility to recommend polling practices and procedures to bar organizations, as well as the credibility of results and respondent objectiveness and anonymity.
The Council continued to execute certain administrative duties as required by various statutes. It approved the curriculum of the magistrate certification training proposed by the Georgia Magistrate Courts Training Council. The Council issued nine opinions regarding the jurisdiction of the Board of Court Reporting, acted to resolve fee disputes arising throughout the year and made other recommendations concerning the Board's operating procedures and court reporting practices.
Administrative Office of the Courts
The Administrative Office of the Courts conducts staff activities under the guidance of the Judicial Council and the Council's chairman, the chief justice of the Supreme Court. Organized as two divisions, the AOC provides research, budget and management information services for the state court system. In addition, the AOC serves a liaison function through its administrative activities in connection with other state-level judicial agencies.
The AOC's administration/operations division performs fiscal support services that involve coordinating the judicial branch appropriations request, preparing the unified judicial budget and serving as accounting officer for eight publicly-funded judicial agencies. Another function of the division is to encourage communication and the exchange of information
among judicial system components. In promoting communication bet-
ween judges, court support personnel and public and private agencies, the AOC published five issues of the Georgia Courts Journal. The Courts Journal informs readers of changes in court procedure, judicial personnel appointment and elections, recent legislation, local and national court management activities and judicial process concerns.
The AOC also completed and distributed a numher of support publications originating from the AOC and other judicial agencies. Inhouse projects included volume nine (nine issues) of the Judicial Legislati~'e Log, the 1983 Georgia Courts Directory and the Tenth Annual Report on the Work of the Georgia Courts. The AOC provided communications services to affiliated agencies by coordinating external publication and printing projects thoughout the year.
The AOC continued to monitor the news media to gauge public opinion regarding the activities of the judiciary and to identify matters of concern to the Judicial Council. Seven issues of the Public Relations Digest - ahstracts of articles about the courts appearing in the Georgia press -were compiled and distributed to Judicial Council memhers.
The research/court services division of the AOC has the responsihility to gather statistical, financial and other information on the judicial work of the courts to identify current and anticipated court needs and propose recommendations for improvements. Each year the primary research effort is directed at supervising the collection of caseload and other data and analyzing it to determine the need for additional judgeships. The evaluation of such data may also contribute to planning efforts by government authorities and may assist local officials in court management activities. During the past year, the AOC analyzed fiscal year 1983 caseload data and prepared individual reports of circuit caseload in response to specific requests. Reports of the age of open cases in
superior courts for fiscal years 1982 and 1983 were also compiled for all circuits.
Other research activities pertained to both recurring projects and newly initiated studies. The AOC conducted its annual survey of judicial
and court personnel salaries and suhsequent to an analysis of changes in statutory and case law, prepared an update to the Jury Commissioners Handbook. The AOC drafted 40 records retention schedules later approved by the State Records Committee to assist local officials in managing court records. Alternative methods of collecting caseload data were evaluated in a feasibility study of case-hy-case reporting systems undertaken by the AOC. Staff assistance was provided to various judges' councils and the superior court clerks association in regard to the adoption and approval of uniform rules. The AOC also began work on a survey designed to identify computerized court functions in Georgia.
Results of a performance audit of AOC operations conducted in 1983 hy the state Department of Audits at the request of members of the General Assembly were released in August 1983. As part of the audit, judges of different classes of courts and superior court clerks were surveyed to obtain input from individuals affected by AOC activities. Audit findings indicated that, by a wide margin, judges and clerks felt that AOC activities contributed to improvements within the judicial system.
Following the reorganization of the Judicial Council and the Chief Justice assuming the council chair, the AOC offices were physically relocated in closer proximity to the Supreme Court. This move afforded both the chairman and the AOC the opportunity to combine resources and to ensure administrative control of AOC operations.
29
Board of Court Reporting
Council of Juvenile Court Judges
T he Board of Court Reporting regulates the state's court reporting prnfession and guarantees a minimum prnficiency level by reporting practitioners through its certificatiun of official and freelance court reporters. The Board also in\estigates complaints filed against court reporters and administers disciplinary action when warranted. The Judicial Council, which appoints Board members, go\erns court reporting fees through the regulation and adjustment of an established fee schedule.
Twice each year the Board administers a certification examination to test reporting skills in three methods of rakeduwn, including machine and manual shorthand and Stenomask. Individuals who pass the initial examination submit an annual renewal fee to remain certified.
During the past year, the Board had made two additional sets of dictation tapes in its effort to improve the efficiency of the testing procedure. The Board continued to monitor the use of the tapes for dictation and search for ways to improve the quality of the tapes and equipment.
Also during the year, the Board tested 198 of 22 3 persons that a~plied for testing. Of the 56 persons certified, 54 successfuliy completed the "B" test and two passed the "A" test. Reporters must pass the "B" test, which involves dictation, transcription and a written exam, to become certified. The "A" test provides certified reporters an opportunity to upgrade their professional status. Among those tested, one reporter's certificate was upgraded, while three persons changed their takedown method.
On June 30, 1984, there were 660 certified court reporters in C~eorgia. Also on that date, another 4 3 persons were operating under temporary Board permits and 11 other persons worked under temporary judicial permits. The total number of new permits issued for the year was 65. The Board revokell 17 permits for failure
to attend the certification test, while 10 permits were revoked for failure to pass the test in two testing periods.
On Mav 1, 1984, the Board suspended 50 certificates for failure to submit the renewal fee and application by the April 1 deadline. Seven reporters subsequently reinstated their certificates by remitting the renewal and delinquent fees.
A major part of the Board's activities during the year centered around ~'roceedings associated with the filings of formal complaints against reporters. Of three formal complaints filed, two concerned the fee schedule and one was still in progress at the end of the year. One complaint, appealed to the Judicial Council because of the Board's lack of jurisdiction, resulted in a Council recommendation that the Supreme Court confer upon the Board jurisdiction to hear complaints involving the fee schedule. The Judicial Council also adopted nine opinions in answer to questions
posed by the Board. These questions involved issues pertaining to the Roard's jurisdiction, the fee schedule, the compensation of a substitute court reporter, transcript ownership, the circumstances for transcript divulgence and the nature of a transcri~t as a public record.
In other action, the Judicial Council amended the fee schedule for official cuurt reporters to include a fee for daily copy. All requests for daily copy were required to have the appruvalof the trial judge before the reporter is permitted to furnish the service.
E fforts of the Council of Juvenile Court Judges during FY'84 focused on completion of uniform rules of practice and procedure for the state's juvenile courts, development of requirements analysis for automating operations of metropolitan county juvenile courts and continuation of ongoing projects to promote more effective administration of the juvenile courts of the state.
The Proposed Uniform Rules of Practice and Procedure for the juvenile courts of Georgia were prepared by a committee of judges and lawyers at the direction of the Supreme Court of Georgia. The rules are designed to bring uniformity as to procedures and recordkeeping to the juvenile courts. The rules are comprehensive in scope and cover such matters as conduct of proceedings, discovery and sharing of court records among juvenile courts. The full Council met in April, 1984, to review the work of the uniform rules committee. Proposed revisions were submitted by the membership at that time and, after a vote of the Council, the rules were approved for submission to the Supreme Court. Rules will go into effect upon order of the Supreme Court.
The Council collaborated with court ~ersonnel from Fulton, DeKalb, Clayton and Cobb counties to prepare a detailed requirements analysis for computerization of juvenile court operations in these counties. The Council received funds from the
federal Office ofJuvenile Justice and Delinquency Prevention for the purchase of computer hardware and development of software to bring these counties under the statewide information system. When the system becomes uperational, the Council's computer will process and store caseload information for each uf these fuu r cuu nties.
The Council initiated steps to bring the Permanent Homes for Children in Ciemgia project under its
direction. This project, which provides tor judicially-appointed citizen panels to review the cases of children placed
30
Georgia Magistrate Courts Training Council
in foster care arrangements, has previously been sponsored by the Georgia Alliance for Children.
New liaison committees were established between the Council and the State Department of Education and the Department of Family and Children Services during FY'84. Judges will meet periodically with officials of these agencies to discuss issues of mutual concern.
Other Council activities and functions during the year included: continued operation of the Purchase of Services for Juvenile Offenders program, production of caseload reports for 66 counties participating in the juvenile information system, sp(nsorship of continuing education for judges and direct service personnei of the juvenile courts and updates of the ]wcnilc Court Bcnchbook and ]Ldgcs Directory.
Legislation passed during the 1984 session of the General Assembly affecting the juvenile courts included: a statute providing for the commissioning of juvenile court judges by
tl,e Secretary of State, a House
Resolution creating a Children and Youth Study Committee, and at the request of the Council, amendment d OCGA 15-11-57 regarding cunt:nts and enforcement of protective ()rders.
A s of July 1, 1983, the Georgia Magistrate Courts Training Council issues certification to magistrates who have satisfactorily completed an annual training requirement as established by the Council. Formerly the Georgia Justice Courts Training Council, the Council was redesignated by the 1983 magistrate court act that created magistrate courts from existing justice of the peace, small claims and certain counry courts. Upon its new designation, the Council formulated and currently operates under a new set of bylaws.
In order to become certified under the new act, all persons in office as magistrates at the beginning of the fiscal year and persons becoming magistrates after that date were required to complete 40 hours of initial training in the performance of magistrate duties. Persons appointed or elected as magistrates after July 1,
198 3, must also fulfill the 40-hour training requirement by attending the first scheduled training session after assuming office. To maintain certified status, all magistrates must complete 20 hours of additional training each year.
During FY'84, the Institute of Continuing Judicial Education conducted for the Council two continuous 40-hour training sessions and two split sessions held in 20-hour segments. In all, 180 hours of training were administered in certifying 414 magistrates. Magistrates received basic instruction in theory and practice of the criminal, civil, ethical, recordkeeping and general administrative aspects of their office. Seminar attendees paid tuition fees of $100 to defray speaker and materials costs. New magistrates were distributed sets of the Georgia unannotated code
with supplement and index.
Georgia Magistrate Courts Training Council FY 1984 Seminars
Date
Location #Hours
September 14-16, 1983*
Athens
20
September 28-30, 1983*
Tifton
20
January 4-6, 1984
Athens
20
January 16-20, 1984
Macon
40
May 16-18, 1984
Tifton
20
May 23-25, 1984
Athens
20
June 11-15,1984
Macon
40
*These seminars were the first portions of split sessions.
Attendees #Certified
129
58
129
54
126
126
58
58
129
75
101
101
31
Institute of Continuing Judicial Education
Magistrates formerly certified as justices of the peace or small claims court judges received a code supplement and index.
To aid attorney magistrates in completing mandatory continuing legal education credits required by the State Bar of Georgia, the Council applied to the Institute of Continuing Legal Education requesting that ICLE grant credit for Council-sponsored training. ICLE approved the request, making a provision for total reciprocal credit with the exception of a legal ethics requirement which the attorneys must complete through ICLE. The attorney magistrates are charged a nominal fee per instructional hour to cover ICLE's administrative costs associated with the training.
During the year, the Council took specific action to amend its registration and attendance policy. It determined that the tuition fee will be nonrefundable in cases of nonattendance following registration. Due to the number of magistrates attending training, the Council will not guarantee an attendance reserv,tion for persons failing to pre-register. Replacements for registrants who paid full tuition and attended training may attend training at half the tuition fee under certain conditions. Finally, the Council adopted a new policy concerning persons who become incapacitated and are unable to attend training.
During fiscal year 1984, the Institute of Continuing Judicial Education continued its emphasis on providing high-quality state-based training for its court personnel. The Institute conducted 22 training programs with attendees numbering approximately 1,969 judges, clerks, court administrators, probation personnel and judicial secretaries.
Among these programs were the first 40-hour basic certification courses for superior court clerks and magistrates and a certification program for probate court judges. Also included was a unit on the state's new
our law targeted at municipal court
and other traffic court judges. Independent juvenile court probation officers participated in a program joining detention workers, court services staff and the probation officers as the training audience. All five programs represented first-time efforts on the part of the Institute in coordinating such training for these groups.
Included among the year's program highlights were new instructional methods and training topics. Trial judges learned evidence law through problem analysis and group discussion of civil cases rather than from lecture presentations. These judges were also exposed to contemporary scientific information on the pharmacology of substance abuse as well as resources for sentencing to treatment alcohol abusing offenders. Court clerks devoted virtually an entire training day to technology's expanding role in court operations. Intensive civil training provided to magistrates tested the existing knowledge base of attorney magistrates.
In terms of nationally-based training, 68 persons applied to the Institute for financial assistance, while 43 individuals actually used some funding. Usually, the Institute's assistance
amounted to 80 percent of the outof-state training costs. Total funds spent by ICJE for nationally-based training during the year were $28,295.
Several new policies considered or implemented the past year further defined the role of judicial education in Georgia. ICJE accepted status as an accredited sponsor of Georgia Bar mandatory legal training activities early in 1984, providing that certain instructional units in ICJE programs would qualify for legal education credits upon application of an attorney judge. At the request of the Supreme Court, the Institute's board of trustees devised a proposed plan for mandatory continuing judicial education to parallel training requirements mandated for the state's attorneys.
Standards for participation in nationally-based training, which referred to preferences among eligible personnel, apparent educational value and program location and duration, were adopted for application beginning in fiscal year 1985. Similarly, ICJE instituted standards for the design and conduct of in-state programs.
Faced at the beginning of the year with the prospect of reducing program services due to an insufficient state appropriation, the Institute's trustees eliminated attendee mileage as an item reimbursable from ICJE. However, the Board maintained the long-term policy position that mileage expenses, along with sufficient staff support, adequate resources for program consultant services and better financial aid for nationallybased training are integral components of a comprehensive judicial educaiion program that should be financially supported by the state.
32
Judicial Nominating Commission
Programs Sponsored by the Institute of Continuing Judicial Education .July 1, 1983- June 30, 1984
Program
Location
Date
Attendance
Summer Seminar for Superior Court Judges
Jekyll Island July 25-27, 1983
112
Traffic Court Judges Sentencing Seminar
Macon
August24, 1983
92
Independent Juvenile Court Probation Officers
Athens September 14-16, 1983
66
Magistrates Seminar 20-Hour
Athens September 14-16, 1983 146
Magistrates Seminar 20-Hour
Tifton September 28-30, 1983
63
20th Annual Workshop for Georgia Juvenile Court Judges
Unicoi
October 12-14, 1983
70
State
Park
Fall Seminar for Georgia Superior Court Judges
Athens October 26-28, 1983
115
Annual Seminar for Court Administrators
Athens October 26-27, 1983
18
Fall Seminar for Clerks of Superior Court
Savannah
October 31 -
140
November 4, 1983
Fall Seminar for Georgia Probate Court Judges
Savannah November 2-4, 1983
110
Magistrates Seminar 20-Hour.:..
Athens
January 4-6, 1984
54
Magistrates Seminar 40-Hour
Macon
January 16-20, 1984
127
New Judges Orientation
Athens
January 25-27, 1984
25
19th Institute for Clerks of Superior Court
Athens
March 26-28, 1984
185
26th Institute for Georgia Probate Court Judges
Athens
April 18-20, 1984
153
Spring Seminar for Independent Juvenile Court Probation Staff
Savannah
April 18-20, 1984
78
Spring Seminar for Juvenile Court Judges
Savannah
April 25-27, 1984
60
Spring Seminar for State Court Judges
Savannah
May 9-11, 1984
31
Magistrates Seminar 20-Hour
Tifton
May 16-18, 1984
63
Magistrates Seminar 20-Hour
Athens
May 23-25, 1984
92
Annual Seminar for Judicial Secretaries
Macon
May 30-June 1, 1984
73
Magistrates Seminar 40-Hour
Macon
June 1115, 1984
96
T o assist the governor in appointing well-qualified individuals to judicial office, the Judicial Nominating Commission solicits nominations and evaluates the qualifications of nominees for judicial positions.
Candidates for judicial office must fulfill specific qualifications before being considered for appointment. While the qualifications for different judicial positions vary, most candidates must meet a residency and age requirement. Judges of the appellate and superior courts must also exhibit active membership in the State Bar of Georgia for seven years, and state court judges must be admitted to practice law for at least five years. Qualifications for these and other judicial positions are specified either in the state constitution or in various statutes which created the respective courts.
The Judicial Nominating Commission held eight meetings in fiscal year 1984 to consider nominations for nine vacancies, includio,g one on the Court of Appeals and four each on the superior and the state courts, and one new superior court judgeship. Since its creation by executive order in 1973, the Commission has acted on a total of 124 judgeships in regard to 1) nine Supreme Court vacancies, 2) 10 Court of Appeals vacancies, 3) 80 superior court judicial positions, 4) 23 state court judicial positions and 5) two municipal court judgeships.
33
Judicial Qualifications Commission
T he Judicial Qualifications Com- through agreement and disposed of mission conducts investigations five cases on the basis of a private let-
and hearings in response to com-
ter of admonition or reprimand. Five
plaints of misconduct by Georgia
cases were closed when the five
judges and is responsible for issuing judges involved resigned while the
formal and informal opinions in res- respective complaints were still pend-
ponse to inquires regarding appro-
ing. Three cases were closed when the
priate judicial conduct. The Commis- single judge involved was removed
sion operates in accordance with rules from office.
adopted by the Supreme Court,
One formal proceeding was initi-
which is authorized to review all
ated during the year. Following com-
proceedings.
pletion of pre-hearing preparation
After investigation of a complaint and upon recommendation of coun-
and a subsequent hearing or evalua- sel and review of the record, the
tion, the Commission may recom-
Commission concluded that further
mend to the Supreme Court the
action was not warranted and dis-
removal, discipline or retirement of a missed the complaint. An information
particular judge. The grounds upon report to such effect was filed with
which a judge may be disciplined or the Supreme Court. In response to
removed or retired from office, as
another complaint, the Commission
stated in the Georgia Constitution, made recommendation and was
include 1) willful misconduct in
granted approval for the removal of
office; 2) willful and persistent failure one judge.
to perform duties; 3) habitual intem-
During FY'84 the Commission
perance; 4) conduct prejudicial to the issued five formal opinions and 15
administration of justice which brings informal opinions. Synopses of the
the judicial office into disrepute; or formal opinions are presented below.
5) disability seriously interfering with
the performance of duties, which is,
Opinion 52: It would be inap-
or is likely to become of a permanent propriate for a member of a firm which
character.
represents a municipality to serve as
Complaints against judges must be judge of the city or recorder's court of
based on one of the seven canons of the municipality.
the state's Code of]udicial Conduct.
Opinion 53: For a part-time
The Code was revised during the past state court judge to hold a liquor license
year to incorporate substantive,
in his name for a client would detract
editorial and gender language changes from the dignity of his office and tend to
and became effective March 15, 1984. interfere with the performance of his
During fiscal year 1984, the Com- judicial duties and would therefore be
mission held 12 regular meetings. Of improper.
the 18 cases pending from FY'83 and Opinion 54: A judge is not dis-
112 new cases received during the
qualified from presiding in a matter
year, 104 cases were concluded. Sixty- solely because an attorney who has
four complaints were dismissed on represented him in the past appears as
the ground that disciplinary action
counsel. If additional cirwmstances
was not merited, and one complaint exist ~l'hich, along with such prior
was dismissed because of failure to representation, afford a reasonable basis
furnish sufficient information. The for questioning his impartiality, then he
Commission resolved three cases
should disqualify himself
Opinion 55: An incumbent
judge may at his own expense use his
official stationery in a campaign for
reelection, and he may refer to himself
as judge and use a photograph of himself seated at his bench wearing his judicial robe in his advertising for reelection.
Opinion 56: Canon 7(9) (2)
prohibits candidates, including incumbent judges, from soliciting contributions, but established campaign committees may solicit campaign funds on behalf of candidates from the general public as well as latvyers.
The seven members of the Judicial Qualifications Commission include two judges of courts of record, three members of the State Bar of Georgia and two citizen members. As determined by the rules of the Commission, no member other than a judge may hold public or judicial office, and no member is permitted to hold office in ";1y political party or organization.
34
Superior Courts Sentence Review Panel
Cases subject to review by the Superior Courts Sentence Review Panel are those sentences or consecutive sentences totaling five or more years set by a superior court judge without a jury. Exceptions to the Panel's jurisdiction include sentences set in misdemeanor cases, cases in which the death penalty has been imposed and murder cases where a life sentence has been imposed.
In reviewing sentences, the Panel seeks to determine whether excessive harshness has been imposed by the trial judge. Consideration is given to the nature of the crime for which the defendant was convicted and to the defendant's prior criminal record. While it is empowered to reduce sentences, the Panel may not increase sentences, reduce sentences to probltion or suspend any sentence.
The Sentence Review Panel meets in two simultaneous panels, each
composed of three superior court
judges. Panel members are appointed
by the president of the Council of
Superior Court Judges to three-
month terms. A supernumerary mem-
ber is also appointed for each term
and is authorized to substitute for any
member who cannot attend a meeting
or who is disqualified.
.
During the past year, 2, 739 appli-
cations for review were submitted to
the FY'84 panel. Of these, the Panel's
clerk docketed 2,409 applications and
ruled ineligible 330 applications for
review. The Panel reviewed a total of
2,454 actual cases, including 45 cases
docketed in prior fiscal years.
The cumulative reduction rate for
cases reviewed since the Panel's crea-
tion Quly 1, 1974) decreased in fiscal
year 1984 to 6.18 percent. The re-
duction rate for the year - 4.85
percent- was the second lowest in
the history of the panel.
Superior Courts Sentence Review Panel Caseload Summary
Fiscal Year 1984 Caseload
Cases affirmed
PANEL 37
648
PANEL 38
602
PANEL 39
571
PANEL 40 514
TOTAL
2,335
Cases reduced
29 55 31
4 119
Cases reviewed
677 657 602 518 2,454
10-year Comparison of Cases Reviewed
%of Cases Cases cases affirmed reduced reduced
FY 1975
159
16
9.14
FY 1976
703
39
5.26
FY 1977
955
80
7.73
FY 1978
1'123
67
5.63
FY 1979
1'134
101
8,18
FY 1980
1,228
90
6.83
FY 1981
1,542
145
8.60
FY 1982
1,846
136
6.86
FY 1983
2,359
88
3.60
FY 1984
2,335
119
4,85
35
Appendix 1
Judicial Personnel Changes: FY'84
Appointments Court of Appeals
Judge Robert Benham for term 4/3/84 to 111185. Superior Courts Appalachian Judicial Circuit Judge Bobby C. Milam for term 7/1/83 to 12/31/84. Blue Ridge Judicial Circuit Judge Richard S. Gault for term 6/19/84 to 12/31184. Lookout Mountain Judicial Circuit Judge Joseph B. Tucker for term 8/1183 to 111/85. Ogeechee Judicial Circuit Judge William]. Neville for term 4/11184 to 1/1/85. Southern Judicial Circuit Judge H. Arthur Mclane for term 7/29/83 to 111185.
State Courts Bryan County
Judge Ray C. Smith for term 3/21184 to 1/1/85. Chattooga County Judge Thomas J. Espy, Jr. for term 7/29/83 to 12/31184. Cobb County (Division II) Judge Mary Staley for term 3/14/84 to 111/87. Judge Chris Lmdise for term 3/14/84 to l/1/87. Jeff Davis County Judge E.M. Wilkes, III for term 6/19/84 to 12/31184. Lowndes County Judge Richard M. Cowart for term 9/29/83 to 111185. Probate Court Lamar County Judge Marilyn Smith for term 3/2/84 to next special election.
Elections Probate Courts
Glynn County Judge Bernice M. Gilmer for term 8;30/83 to l/1/85.
Towns County Judge Truman Barrett for term 2/28!84 to 111185.
Troup County Judge L. Gwen Prescott for term 5/7/84 to 1/1185.
White County Judge Garrison Baker for term 9/20/83 to 1/1185.
Analysis of Statewide Judicial Manpower (July 1, 1983 to June 30, 1984)
Court
Supreme Court
7
0
0
Court of Appeals
9
3
Superior Courts
127
4
5
2
3
State Courts
(Full and part-time)
79
Juvenile Court~
50
(Full and part-t1me)
2
4
6
2
0
2
4
0
Probate Courts
159
4
5
2
2
4
1 As of June 30, 1984.
2 Total number of judges leaving the bench does not match total number of new judges in some instan ces because of new appointments or vacancies which existed at the end of the fiscal year.
3 Although 127 superior court judgeships had been allocated by the end of the year, 123 had been filled.
36
Appendix 2
Judicial Agencies Directory
Board of Court Reporting
Judge Ben J. Miller Chairperson Superior Courts Griffin Judicial Circuit Thomaston
Lounell B. Day 1 Vice chairperson Official court reporter Tifton
Robert M. Brinson Attorney Rome
James Cox Attorney Atlanta
Danny Sayer Court reporter Douglas
Philip G. Vincent Official court reporter Moultrie
HazelS. Williams Official court reporter Dalton
Robert L. Doss, Jr. Secretary Administrative Office of the Courts Atlanta
1 Ms. Day served as acting chairperson from 9/24/83 to 11/19/83.
Council of Juvenile Court Judges
Judge Othniel W. McGehee President Bibb County Macon
Judge Martha K. Glaze Immediate past president Clayton County Jonesboro
Judge Virgil Costley, Jr. President-elect Newton County Covington
Judge David J. Turner, Jr. Vice president Meriwether County Manchester
Judge Marvin W. Sorrells Secretary Walton County Monroe
Judge Clinton 0. Pearson Treasurer Glynn County Brunswick
Georgia Magistrate Courts
Training Council
Judge Nick J. Lazaros Chairman Houston County Warner Robins
Judge E. Hulyn Smith 2 Chairman Lowndes County Valdosta
Judge George W. Eisel, !II Vice chairman Hancock County Sparta
Judge J. Davis Roberts Vice chairman Clayton County Jonesboro
Judge L. Carroll Blankenship 2 Bulloch County Statesboro
Judge Leonard Danley Douglas County Winston
Judge Eleanor R. Dotson Charlton County Folkston
Judge Frank M. Eldridge Superior Court Atlanta Judicial Circuit Atlanta
Judge Martha K. Glaze Juvenile Court of Clayton County Jonesboro
Judge W. Marion Guess, Jr. Probate Court of DeKalb County Decatur
Dean Thomas Morgan Emory University School of Law Atlanta
Presiding Judge J. Kelley Quillian Court of Appeals of Georgia Atlanta
Judge H. Jack Short State Court of Colquitt County Moultrie
Justice George T. Smith Supreme Court of Georgia Atlanta
J. Douglas Stewart Attorney Gainesville
Dean Karl P. Warden Mercer University School of Law Macon
Judge LaVerne C. Ogletree 3
Greene County Greensboro
Robert L. Doss, Jr.
Judicial Administrative District Personnel
Ex officio secretary
District 1
Administrative Office of the Courts Atlanta
Judge A. Blenn Taylor, Jr. Administrative Judge
Brunswick Judicial Circuit
Brunswick
2 Judges Smith and Blankenship were appointed to replace Judges Lazaros and Danley on 1/1/84. Judge Smith was elected chairman and Judge Roberts was
Daniel E. Deloach, Jr. Administrative Assistant Savannah
elected vice chairman on 1/1 6/84.
Circuits: Atlantic, Brunswick, Eastern,
Ogeechee, Waycross
3 Judge Ogletree replaced Judge Dotson who resigned from the Council on 12/30/83.
District 2
Judge W. J. Forehand Administrative Judge Tifton Judicial Circuit Tifton
Institute of Continuing
Judicial Education
Judge Willis B. Hunt, Jr. Chairman Superior Court Houston Judicial Circuit Perry
Dean J. Ralph Beaird Vice chairman University of Georgia School of Law Athens
Judge Andrew J. Whalen, Jr. Secretary-Treasurer Superior Courts Griffin Judicial Circuit Griffin
Roger E. Douglas Administrative Assistant Valdosta
Circuits: Alapaha, Dougherty, Pataula, South Georgia, Southern, Tifton
District 3
Senior Judge Hal Bell Administrative Judge Macon Judicial Circuit Macon
David L. Ratley Administrative Assistant Macon
Circuits: Chattahoochee, Houston, Macon, Southwestern
A. Gus Cleveland Attorney Atlanta
.r I
District 4
Judge Curtis V. Tillman Administrative Judge Stone Mountain Judicial Circuit Decatur
Richard F. Jugar Administrative Assistant Decatur
Circuits: Rockdale, Stone Mountain
District 5
Judge Osgood 0. Williams Administrative Judge Atlanta Judicial Circuit Atlanta
John T. Shope Administrative Assistant Atlanta
Circuit: Atlanta
District 6
Judge Andrew J. Whalen, Jr. Administrative Judge Griffin Judicial Circuit Griffin
Fred R. Roney Administrative Assistant Griffin
Circuits: Clayton, Coweta, Flint, Griffin
District 7
Judge Jere F. White Administrative Judge Cherokee Judicial Circuit Cartersville
William L. Martin, Ill Administrative Assistant Cartersville
Circuits: Cherokee, Cobb, Douglas, Lookout Mountain, Rome, Tallapoosa
District 8
Judge Walter C. McMillan, Jr. Administrative Judge Middle Judicial Circuit Sandersville
Jack L. Bean Administrative Assistant Lyons
Circuits: Cordele, Dublin, Middle, Ocmulgee, Oconee
District 9
Judge James E. Palmour, Ill Administrative Judge Northeastern Judicial Circuit Gainesville
Benjamin R. Forrester Administrative Assistant Gainesville
Circuits: Appalachian, Blue Ridge, Conasauga, Gwinnett, Mountain, Northeastern
District 10
Judge William M. Fleming, Jr. Administrative Judge Augusta Judicial Circuit Augusta
L. Tom Gunnels, Jr. Administrative Assistant Augusta
Circuits: Alcovy, Augusta, Northern, Piedmont, Toombs, Western
38
Judicial Council of Georgia
Chief Justice Harold N. Hill, Jr. 4 Chairman Supreme Court Atlanta
Judge Andrew J. Whalen, Jr. 5 Chairman Superior Courts Griffin Judicial Circuit Griffin
Justice Thomas 0. Marshall 6 Vice chairman Supreme Court Atlanta
Judge Robert R. Cook 7 Vice chairman Probate Court of Chatham County Savannah
Judge Jere F. White 5 Secretary-Treasurer Superior Courts Cherokee Judicial Circuit Cartersville
Judge Hal Bell Administrative Judge Third District Macon
Judge A. W. Birdsong, Jr. 4 Court of Appeals Atlanta
Judge Tom Cauthorn 5 State Court of Cobb County Marietta
Judge Virgil Costley, Jr. 4 President-elect Council of Juvenile Court Judges Covington
Woodson Daniel 7 Clerk, Pulaski County Hawki nsvi lie
Judge George W. Eisel, Ill 8 President Council of Magistrate Court Judges Sparta
Judge James E. Findley 4 President Council of Superior Court Judges Reidsville
Judge William M. Fleming, Jr. 4 Administrative Judge Tenth District Augusta
Judge W. J. Forehand 4 Administrative Judge Second District Tifton
Judge Joel J. Fryer 7 Superior Court Atlanta Judicial Circuit Atlanta
Judge Joseph J. Gaines 7 Superior Courts Western Judicial Circuit Athens
Judge Grace D. Garland 4 President-elect Courts of Limited Jurisdiction, Inc. Thomasville
Judge George W. Harris 8 President-elect Council of Magistrate Court Judges Fort Valley
Judge George A. Horkan, Jr. 7 Superior Courts Southern Judicial Circuit Moultrie
Judge Francis Houston 5 State Court of Pierce County Blackshear
Judge Willis B. Hunt, Jr. 7 Superior Court Houston Judicial Circuit Perry
Judge Harry Johnson, Jr. 5 Probate Court of Floyd County Rome
Judge Nick J. Lazaros 7 Chief Magistrate, Houston County Warner Robins
Judge Juanita D. Marsh 7 City Court of College Park College Park
Judge Othniel W. McGehee 4 President Councii of Juvenile Court Judges Macon
Judge Walter C. McMillan, Jr. 4 Administrative Judge Eighth District Sandersville
Chief Judge William L. McMurray, Jr. 9 Court of Appeals Atlanta
Judge Richard Neville 4 President-elect Council of Superior Court Judges Cumming
Judge James E. Palmour, Ill 4 Administrative Judge Ninth District Gainesville
Judge Jon Payne 7 Probate Court of Chattooga County Summerville
Judge Grady C. Pittard, Jr. 7 State Court of Clarke County Athens
Judge J. Kelley Quillian 7 Court of Appeals Atlanta
Bob Reinhardt 7 Past president State Bar of Georgia Tifton
Chief Judge Arnold Shulman 4 Court of Appeals Atlanta
Judge J. Ben Spear, Jr. 4 President Council of Probate Court Judges Forsyth
J. Douglas Stewart 7 Immediate past president State Bar of Georgia Gainesville
Judge A. Blenn Taylor, Jr. 4 Administrative Judge First District Brunswick
Judge Coy H. Temples 7 Superior Courts Conasauga Judicial Circuit Dalton
Judge Hugh P. Thompson 7 Superior Court Ocmulgee Judicial Circuit Eatonton
Judge J. Leon Thompson 4 President Georgia Courts of Limited
Jurisdiction, Inc. Union City
Judge Curtis V. Tillman 5 Superior Court Stone Mountain Judicial Circuit Decatur
Judge Edward D. Wheeler 7 Juvenile Court of DeKalb County Decatur
Judge Osgood 0. Williams 4 Administrative Judge Fifth District Atlanta
4These judges became members upon the Council's restructuring on 8/5/83.
5These judges remained on the Council following the restructuring. but served in a different capacity.
6Justice Marshall replaced Judge Cook as vice chairman on 8/5/83.
7These members left the Council on 8!5/83
8Judges Eisel and Harris replaced Judges Garland and J. Leon Thompson upon the formation of the Council of Magistrate Court Judges in 1983.
9Judge McMurray replaced Judge Shulman when he succeeded Judge Shulman as chief judge on 1/1/84.
Judicial Nominating Commission
A. G. Cleveland, Jr. Chairman Atlanta
George W. Felker, Ill Monroe
Edward C. Harris 10 Atlanta
Jane Guthman Kahn Savannah
Judge Romae T. Powell 10 Juvenile Court of Fulton County Atlanta
Ralph 0. Walton. Jr. 11 Hamilton
Richard Y. Bradley President State Bar of Georgia Columbus
Duross Fitzpatrick President-elect State Bar of Georgia Cochran
Frank Love, Jr. Immediate Past President State Bar of Georgia Atlanta
J. Douglas Stewart 12 Past president State Bar of Georgia Gainesville
RichardT. deMayo 12 Immediate past president Younger Lawyers Section State Bar of Georgia Atlanta
Jule W. Felton, Jr. 13 President-elect State Bar of Georgia Atlanta
Walter H. Bush, Jr. 13 Immediate past president Younger Lawyers Section State Bar of Georgia Atlanta
1OJudge Powell replaced Mr. Harris on the Commission in September, 1983.
11 Mr. Walton resigned in April, 1984.
12Mr. Stewart and Mr. deMayo left the Commission in June, 1984, upon the election of new officers of the State Bar. Mr. Fitzpatrick became president, Mr. Bradley became immediate past president and Mr. Love became past president.
13Mr. Felton and Mr. Bush joined the Commission in June, 1984.
Judicial Qualifications Commission
H. Holcombe Perry, Jr. Chairman Albany
Mrs. Laura Dorsey Rains Vice chairman Atlanta
Harry S. Baxter 14 Atlanta
Dr. Barbara L. Carter 15 Atlanta
Robert H. Jordan 16 Talbotton
Judge Walter C. McMillan, Jr. Superior Courts Middle Judicial Circuit Sandersville
Judge J. Taylor Phillips 17 State Court of Bibb County Macon
Will Ed Smith Eastman
Ed Voyles Marietta
14Mr. Baxter replaced Mr. Perry as chairman on 1/27/84.
15or. Carter was named to succeed Ms. Rains.
16Former Chief Justice Jordan was selected by the State Bar to succeed Mr. Perry on the Commission.
17 Judge Phillips became vice chairman on 1/27/84.
Superior Courts Sentence Review Panel
Administrative Board
Judge Luther Alverson Chairman Atlanta Judicial Circuit Atlanta
Judge James Barrow Western Judicial Circuit Athens
Judge Jere F. White Cherokee Judicial Circuit Cartersville
Panel37/1
Judge Joe C. Crumbley Chairman Clayton Judicial Circuit Jonesboro
Judge K. Dawson Jackson Gwinnett Judicial Circuit Lawrenceville
Judge W.O. Knight Alapaha Judicial Circuit Nashville
Panel37/2
Judge William M. Towson Chairman Dublin Judicial Circuit Dublin
Judge P. Harris Hines Cobb Judicial Circuit Marietta
Judge Bernard J. Mulherin Augusta Judicial Circuit Augusta
Supernumerary for both panels
Judge William R. Killian Brunswick Jud1cial Circuit Brunswick
Panel 38/1
Judge James L. Brooks Chairman Piedmont Judicial Circuit Jefferson
Judge Stephen E. Boswell Clayton Judicial Circuit Jonesboro
Judge William T. Boyett Conasauga Judicial Circuit Dalton
Panel38/2
Judge Frank M. Eldridge Chairman Atlanta Judicial Circuit Atlanta
Judge David L. Cavender Atlantic Judicial Circuit Hinesville
Judge Willard H. Chason South Georgia Judicial Circuit Cairo
Supernumerary for both panels
Judge Daniel M. Coursey, Jr. Stone Mountain Judicial Circuit Decatur
Panel 39/1
Judge John R. Harvey Chairman Atlantic Judicial Circuit Pembroke
Judge G. Bryant Culpepper Macon Judicial Circuit Macon
Judge William H. Craig Flint Judicial Circuit McDonough
Panel39/2
Judge Keegan Federal, Jr. Chairman Stone Mountain Judicial Circuit Decatur
Judge John A. Frazier, Jr. Rome Judicial Circuit Rome
Judge Eugene H. Gadsden Eastern Judicial Circuit Savannah
Supernumerary for both panels
Judge Arthur W. Fudger Tallapoosa Judicial Circuit Buchanan
Panel40/1
Judge Kenneth B. Followill Chairman Chattahoor.hee Judicial Circuit Columbus
Judge James A. Henderson Gwinnett Judicial Circuit Lawrenceville
Judge Joseph B. Newton Waycross Judicial Circuit Waycross
Panel40!2
Judge Roy M. Lilly Chairman Southern Judicial Circuit Thomasville
Judge Robert J. James Douglas Judicial Circuit Douglasville
Judge Phillip Sheffield Pataula Judicial Circuit Blakely
Supernumerary for both panels
Judge Joseph B. Tucker Lookout Mountain Judicial Circuit Ringgold
40