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