2007 annual report: Georgia courts

Annual Report: Georgia Courts 2007
July 1, 2006 -- June 30, 2007

FY07 Annual Report

Table of Contents
Judicial Council of Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Supreme Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Court of Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Superior Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 State Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Juvenile Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Probate Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Magistrate Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 The Year in Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Judicial Appointments and Elections . . . . . . . . . . . . . . . . . . . . 15
Full Caseload reports may be found in the FY07 Annual Report Supplemental Caseload Report at www.georgiacourts.org/publications
Published by the Judicial Council of Georgia and the Administrative Office of the Courts in compliance with OCGA 15-5-24 and by Order of the Supreme Court of
Georgia dated June 12, 1978. All rights reserved. Director, David L. Ratley
Assistant Director for Communications, Billie Bolton Editor, Ashley G. Stollar
Judicial Council of Georgia Administrative Office of the Courts 244 Washington Street, SW Suite 300
Atlanta, GA 30334 404-656-5171 www.georgiacourts.org
2

The Judicial Council
T he Judicial Council is the state-level judicial agency charged with developing policies for administering and improving the courts. The state legislature created the Judicial Council in 1973; in 1978 the council officially became an administrative arm of the Supreme Court of Georgia. The 24-member council considers requests for new judgeships and oversees the activities of the Administrative Office of the Courts and the Board of Court Reporting.

3

The Judicial Council of Georgia

June 2007

Chief Justice Leah Ward Sears Chair Supreme Court
Presiding Justice Carol W. Hunstein Vice Chair Supreme Court
Chief Judge Anne Elizabeth Barnes Court of Appeals
Judge M. Yvette Miller Court of Appeals
Judge Arch McGarity Council of Superior Court Judges
Judge Stephen S. Goss Council of Superior Court Judges
Judge Brenda H. Cole Council of State Court Judges
Judge John C. Carbo, III Council of State Court Judges

Judge Velma Tilley Council of Juvenile Court Judges
Judge Steve Teske Council of Juvenile Court Judges

Judge R. Rucker Smith, Third District Judge Gail C. Flake, Fourth District Judge Doris L. Downs, Fifth District

Judge Walter J. Clarke, II Council of Probate Court Judges

Judge A. Quillian Baldwin, Sixth District

Judge Lillis J. Brown Council of Probate Court Judges

Judge Shepherd Lee Howell, Seventh District

Judge Thomas C. Bobbitt, III Council of Magistrate Court Judges
Judge Kimberly Warden Council of Magistrate Court Judges

Judge Stan Smith, Eighth District Judge David E. Barrett, Ninth District Judge John M. Ott, Tenth District

District Administrative Judges Judge F. Gates Peed, First District

Ex-Officio Member Judge Michael P. Cielinski Recorders Court of ColumbusMuscogee County

Judge Ronnie Joe Lane, Second District

FY07 Annual Report

FY07 Annual Report

The Supreme Court
T he Supreme Court of Georgia, the state's highest court, is composed of a Chief Justice, a Presiding Justice, and five Justices. The court's primary function is to review decisions made in a lower trial or appellate court. Cases are assigned to one of the seven justices for preparation of opinions. The draft opinion is circulated to all other justices for study; after discussion en banc the opinion is adopted or rejected by vote of the justices.

Cases Filed

Supreme Court Caseload

Direct Appeals Petitions for Certiorari Certified Questions Applications for Appeal
Habeas Corpus Discretionary Interlocutory Interim Review Attorney Disciplinaries Judicial Qualifications Bar Admissions Original Petitions Emergency Motions
Total

CY 2005 CY 2006

516

505

492

574

4

2

462

367

218

212

65

48

3

5

163

145

7

0

2

3

7

2

10

5

1,949

2,167

4

Cases Disposed

Supreme Court Caseload

By Opinion Affirmed without Opinion Stricken from Docket Allowed Withdrawn Transferred to Court of Appeals Appeals Dismissed Petition for Certiorari
Granted Denied Other Habeas Corpus Applications Granted Denied Dismissed Other Discretionary Applications Granted Denied Transferred to Court of Appeals Other Interlocutory Applications Granted Denied Transferred to Court of Appeals Other Interim Review Granted Denied Extraordinary Motions Granted Denied Attorney Discipline Bar Admissions Judicial Qualifications
Total

CY 2005 CY 2006

400

352

7

10

11

7

38

40

135

85

166

94

43

40

439

528

4

62

36

44

303

383

82

100

1

12

56

57

95

89

22

19

0

40

24

12

13

20

7

8

6

8

2

3

3

1

3

5

11

0

94

145

3

3

0

0

2,004

2,167

Court of Appeals Caseload

Cases Filed
Direct Appeals Discretionary Applications Interlocutory Applications Total

CY 2005 CY 2006

2,353 426 360
3,139

2505 427 371 3,303

Cases Disposed
Direct Appeals By Opinion Non-Published Opinion Rule 36 Order Total
Discretionary Applications Granted Denied Dismissed Transferred Withdrawn Other Total
Interlocutory Applications Granted Denied Dismissed Transferred Withdrawn Other Total
Total

CY 2005 CY 2006

1,389 192 87 657
2,325

1390 206 107 755 2,458

84 209 104 21
0 0 418
111 193 40
7 0 1 352
2,839

90 200 85 18
0 1 394
116 197 38
7 0 5 363
3,215

5
The Court of Appeals
T he Court of Appeals, made up of twelve judges, has constitutional jurisdiction over appeals from superior, state, and juvenile courts in all cases where exclusive jurisdiction is not reserved to the Supreme Court of Georgia. Each case appealed to the court is heard by a panel of three judges. The Chief Judge of the court appoints a Presiding Judge to head each panel and assigns two other judges to the panels each year. If a judge of a panel dissents, the case is assigned to a larger panel for decision.
FY07 Annual Report

FY07 Annual Report 6

The Superior Courts
T he 159 superior courts are general jurisdiction trial courts exercising both civil and criminal jurisdiction. Superior court judges hear all felony cases, as well as, divorce cases and other civil matters. The superior courts are organized into 49 judicial circuits made up of one or more counties. The number of circuits and number superior court judges per circuit is established by act of the General Assembly. Superior court judges are constitutional officers who are elected to four-year terms in circuitwide nonpartisan elections. Senior superior court judges may hear cases as assigned in any circuit.
Complete caseload report for the superior courts by circuit may be accessed online at www.georgiacourts.org/publications

7

Superior Court Caseload

Total Criminal Dockets Filed Defendants Filed
All Felony Total Dockets Filed Defendants Filed
Unified Appeals
Felony Dockets Filed Defendants Filed
Misdemeanor Dockets Filed Defendants Filed
Probation Revocation
Total Civil Dockets Filed
General Civil Dockets Filed
Domestic Relations Dockets Filed
Total Dockets Filed

CY 2005 CY 2006

158,340 170,981

162,138 173,778

90,818 103,657
34

91,157 102,300
33

90,784 103,623

91,124 102,267

23,428 23,230 44,094 235,600 85,357 150,243 393,940

25,610 26,107 45,371 243,565 94,572 148,993 405,703

FY07 Annual Report

FY07 Annual Report

State Court Caseload

Serious Traffic Open Filed Disposed
Non-Traffic Misdemeanors Open Filed Disposed
Probation Revocations Open Filed Disposed
Other Traffic Open Filed Disposed
Landlord/Tenant Disputes Open Filed Disposed
Other civil Open Filed Disposed
Total Open Filed Disposed

CY 2005 CY 2006

19,908 34,160 30,710

24,633 52,291 37,304

38,646 104,062 87,514

40,692 117,975 91,817

4,020 26,377 14,110

2,802 28,043 15,794

77,359 471,424 362,532

120,971 459,831 409,343

69,138 96,795 40,928

79,177 101,278 41,165

106,988 139,211 84,551

133,059 168,560 93,602

316,059 873,641 620,345

401,333 927,978 689,025

8

The State Courts
S tate courts are county courts that exercise limited jurisdiction. State court judges hear misdemeanors including traffic violations and are authorized to hear applications for search and arrest warrants, to issue such warrants and hold preliminary hearings in criminal cases. These judges also hear civil matters not reserved exclusively for the superior courts. The General Assembly creates state courts by local legislation and establishes the number of judges and their status as full-time or part-time. State court judges are elected to four-year terms in countywide, nonpartisan elections.
Complete caseload report for the state courts by county may be accessed online at www.georgiacourts.org/publications

The Juvenile Courts
J urisdiction of the juvenile courts extends to delinquent and unruly children under 17 years of age and deprived and neglected children under 18 years of age. Juvenile court judges have jurisdiction over minors who commit traffic violations or request consent to marry or enlist in the armed forces. Juvenile courts have concurrent jurisdiction with superior courts in child custody and child support
cases and in proceedings to terminate parental rights. Certain serious violent felonies committed by juveniles may be tried in superior court. Juvenile court judges are appointed by the superior court judges of the circuit to four-year terms.
Complete caseload report for the juvenile courts by circuit may be accessed online at www.georgiacourts.org/publications

9

Juvenile Court Caseload

Delinquent Filed Disposed Open
Unruly Filed Disposed Open
Termination of Parental Rights Filed Disposed Open
Deprived Filed Disposed Open
Traffic Filed Disposed Open
Special Proceedings Filed Disposed Open
Total Filed Disposed Open

CY 2005 CY 2006

72,169 66,792 23,017

74,002 64,115 26,967

23,624 20,224 7,659

21,615 17,470 8,441

1,616 1,344
769

1,554 1,140
890

32,832 26,550 15,629

32,439 26,645 16,485

16,294 15,244 4,986

16,961 14,417 6,221

6,120 4,561 3,282

5,147 4,140 2,630

152,655 134,715 55,342

151,718 127,927 61,634

FY07 Annual Report

FY07 Annual Report
The Probate Courts
C ounty probate courts exercise exclusive, original jurisdiction in the probate of wills, administration of estates, appointment of guardians and involuntary hospitalization of incapacitated adults and other individuals.
All probate court judges administer oaths of office and issue marriage licenses. They may hold habeas corpus hearings or preside over criminal preliminary hearings. Unless a jury trial is requested, probate court judges may also hear certain misdemeanors, traffic cases and violations of state game and fish laws in counties where there is no state court. When authorized by local statute, probate judges serve as election supervisors and make appointments to certain local public offices.
Complete caseload report for the probate courts by county may be accessed online at www.georgiacourts.org/publications
10

Civil

Probate Court Caseload

Letters of Administration No Administration Necessary Will Probate Year's Support Guardianship Petitions Custodial Citations Miscellaneous Inventories Mental Health Habeas Corpus Total Dockets Licenses
Marriage Firearms

CY 2005 CY 2006

8,161 1,046 19,421 2,152 13,962
992 99 2,074 27,295 12,923 4,309 165 92,599

8,765 1,029 19,649 2,155 13,901 1,011
89 1,966 29,573 12,142 5,266
343 95,889

69,527 59,650

74,434 56,833

11

Criminal

Probate Court Caseload

Misdemeanor Filed
Disposed by: Guilty Plea Cash Bond Non Trial Bench Trial Acquitted Convicted
Traffic Filed
Disposed by: Guilty Plea Cash Bond Non Trial Bench Trial Acquitted Convicted
Total Filed Disposed

CY 2005 CY 2006

7,390

16,636

3,914 1,431
717
41 197

9,988 3,394 1,600
80 865

193,387

255,658

100,149 70,130 11,909
525 2,770

140,500 90,904 15,547
560 4,321

200,777 191,783

272,294 267,759

FY07 Annual Report

FY07 Annual Report
The Magistrate Courts
M agistrate court jurisdiction includes: civil claims of $15,000 or less; certain minor criminal offenses; distress warrants and dispossessory writs; county ordinance violations; deposit account fraud (bad checks); preliminary hearings; and summonses, arrest and search warrants. A chief magistrate, who may be assisted by one or more magistrates, presides over each of Georgia's 159 magistrate courts.
Most chief magistrates are elected in partisan, countywide elections to four-year terms. In some counties, the chief magistrate is appointed by the superior court judges. Terms for other magistrate judges run concurrently with that of the chief magistrate who appointed them.
Complete caseload report for the magistrate courts by county may be accessed online at www.georgiacourts.org/publications

Civil

Magistrate Court Caseload

Claims Filed Disposed by: Non-Trial Trial
Disposessories and Distress Warrants
Filed Disposed by:
Non-Trial Trial
Garnishments Filed Disposed by: Non-Trial Trial
Foreclosures and Attachments
Filed Disposed by:
Non-Trial Trial

CY 2005 CY 2006

169,254
105,414 30,818

180,462
110,019 35,028

176,427
107,760 28,955

209,723
116,789 37,342

47,793
31,679 763

53,484
35,367 569

22,548
13,539 1,212

23,842
13,416 1,329

Total Civil Filings

416,022

467,511

12

Criminal

Magistrate Court Caseload

Warrants Issued Felony Arrest Misdemeanor Arrest Good Behavior Search Warrant
Hearings Warrant Application First Appearance Commitment Good Behavior
Ordinance Violations Filed Disposed by: Non-Trial Trial
Misdemeanor Filed Disposed by: Non-Trial Trial
Criminal & Civil Warrants & Filings Hearings & Dispositions

CY 2005 CY 2006

163,087 189,337
2,758 9,219

177,174 180,915
3,439 10,712

54,073 194,426 76,363
3,582

45,788 236,881 77,670
3,842

56,694
27,607 6,743

53,996
20,011 22,817

44,077
17,685 18,792

55,023
20,505 19,634

881,194 719,411

948,770 797,007

13 FY07 Annual Report

FY07 Annual Report

The Year in Review
July 31, 2006 -- June 30, 2007

November 4, 2006
Georgia Committee on Access in the Courts held its first Color of Justice Program at Terrell High School in Atlanta.

August 28, 2006
The Judicial Council met in Atlanta, GA, recommending judgeships for the Gwinnett, Dublin, Enotah, Cordele, Southern, Brunswick, Atlanta, and Alapaha circuits.
October 2006
"Welcome Georgia's Court System" poster debuted.
October 6, 2006
The Court of Appeals of Georgia celebrated its Centennial Anniversary at the Georgia Aquarium.
14

December 5, 2006
The Judicial Council met in Atlanta, GA.
January 1, 2007
Judges elected in November took office. (See page 15.)
January 4, 2007
Anne Elizabeth Barnes was sworn-in as Chief Judge of the Court of Appeals of Georgia
January 8, 2007
Georgia General Assembly opened 2007 Session.

February 28, 2007
Supreme Court of Georgia heard oral arguments at the Putnam County Courthouse in Eatonton, GA.
March 30, 2007
Georgia General Assembly closed 2007 Session. Judgeships for Cobb, Cordele, Dublin, Enotah, and Gwinnett were authorized.
April 4, 2007
Judge Phillip Brown opened the Bibb County Mental Health Court.
May 29, 2007
The third annual Drug Court conference was held in Peachtree City, GA.
June 11, 2007
The Judicial Council met in Jekyll Island, GA. Membership was expanded to include the president of the Council of Municipal Court Judges as an ex-officio member.

15

Judicial Elections and Appointments

Superior Courts

Elections
Judge D. Jay Stewart Atlantic Circuit, 01/01/07
Judge J. David Roper Augusta Circuit, 01/01/07
Judge Geronda Carter Clayton Circuit, 01/01/07
Judge Lynn Alderman Enotah Circuit, 01/01/07
Judge Brian Amero Flint Circuit, 01/01/07
Judge Tripp Self Macon Circuit, 01/01/07
Judge Bobby Reeves Middle Circuit, 01/01/07
Judge Bill Reinhardt Tifton Circuit, 01/01/07

Appointments
Judge Jack Kirby Coweta Circuit, 01/02/07
Judge Katherine Lumsden Houston Circuit, 01/02/07
Judge Ellen McElyea Blue Ridge Circuit, 01/04/07
Judge Ken Vinson Paulding Circuit, 01/04/07

State Courts

Elections

Appointments

Judge Hugh J. McCullough Tattnall County, 01/01/07
Judge Carlton Vines Chattooga County, 01/01/07

Judge Ernest D. Blount Henry County, 07/06/06
Judge Tommy J. Smith Toombs County, 01/02/07
Judge John F. Doran Gwinnett County, 01/04/07

FY07 Annual Report

Administrative Office of the Courts 244 Washington Street, SW Suite 300
Atlanta, GA 30334 www.georgiacourts.org