2008 annual report: Georgia courts

Annual Report: Georgia Courts 2008
July 1, 2007 -- June 30, 2008

FYO8 Annual Report
Table of Contents
Judicial Council of Georgia . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Supreme Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Court of Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Superior Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 State Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Juvenile Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Probate Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Magistrate Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Municipal Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Judicial Appointments and Elections . . . . . . . . . . . . . . . . . . . . 15
Full Caseload reports may be found in the FY08 Annual Report Supplemental Caseload Report at www.georgiacourts.org/aoc/publications.php
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

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 Stephen S. Goss Council of Superior Court Judges
Judge Melvin K. Westmoreland Council of Superior Court Judges
Judge John C. Carbo, III Council of State Court Judges
Judge Ronald E. Ginsberg Council of State Court Judges

June 2008
Judge Steve Teske Council of Juvenile Court Judges
Judge Robert V. Rodatus Council of Juvenile Court Judges
Judge Lillis J. Brown Council of Probate Court Judges
Judge Tammy S. Brown Council of Probate Court Judges
Judge Kimberly Warden Council of Magistrate Court Judges
Judge Connie J. Holt Council of Magistrate Court Judges
District Administrative Judges
Judge Charles Paul Rose, Jr. First District
Judge Ronnie Joe Lane Second District

Judge R. Rucker Smith Third District
Judge Anne Workman Fourth District
Judge Doris L. Downs Fifth District
Judge A. Quillian Baldwin Sixth District
Judge Shepherd Lee Howell Seventh District
Judge Stan Smith Eighth District
Judge David E. Barrett Ninth District
Judge John M. Ott Tenth District
Ex-Officio Member Judge Bill Clifton Municipal Court of Forsyth

FYO8 Annual Report

FYO8 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 review of 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 Execution Matters Death Penalty Habeas Corpus

CY 2006 CY 2007

505

516

574

595

2

1

367

337

212

218

48

48

5

2

145

137

0

2

3

7

2

4

5

7

NR

1

NR

2

Total

2,167

1,877

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 2006 CY 2007

352

347

10

7

7

8

40

21

85

105

94

170

40

36

528

446

62

33

44

44

383

309

100

57

12

32

57

37

89

94

19

35

40

63

12

4

20

17

8

9

8

9

3

9

1

0

5

1

0

3

145

135

3

2

0

5

2,167

2,038

Court of Appeals Caseload

Cases Filed
Direct Appeals Discretionary Applications Interlocutory Applications Total

CY 2006 CY 2007

2,505 427 371
3,303

2,509 406 365
3,280

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 2006 CY 2007

1,390 206 107 755
2,458

1,359 265 77 699
2,400

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

84 199 108 36
0 3 430
111 192 46
4 1 1 355
3,185

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 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.
FYO8 Annual Report

FYO8 Annual Report

The Georgia Court System

(showing appellate routes)

MUNICIPAL COURT*
397 courts, 377 judges active.
Jurisdiction (limited): Ordinance violations;
criminal preliminaries; traffic, certain misdemeanors *A small number of special courts, authorized by the Georgia Constitution, have limited civil or criminal jurisdiction throughout a designated county.

MAGISTRATE COURT
159 courts, 159 chief magistrates; 354 magistrates.
Jurisdiction (limited): Search and arrest war-
rants, felony and misdemeanor preliminaries, county ordinances. Civil claims of $15,000 or less, dispossessories, distress warrants. No jury trials.

PROBATE COURT
159 courts, 159 judges.
Jurisdiction (limited): Exclusive jurisdiction
in probate of wills, administration of estates, appointment of guardians, involuntary hospitalizations, marriage licenses. Traffic in some counties.

JUVENILE COURT
159 courts, 120 judges and associate judges.
Jurisdiction (limited):
Deprived, neglected, unruly, delinquent juveniles.
Child custody, termination of parental rights.
Juvenile traffic. No jury trials

STATE COURT
72 courts, 120 judges.
Jurisdiction (limited) in certain counties
Civil law actions except cases within the exclusive jurisdiction of superior court.
Misdemeanors, traffic, felony preliminaries.
Jury trials.

SUPERIOR COURT
49 circuits, 205 judges. Jurisdiction (general): Civil law actions, adoptions, misdemeanors, and other cases. Exclusive jurisdiction over divorce, title to land, equity. Exclusive felony jurisdiction. Jury trials.

Counties with population over 96,000 where probate judge is attorney practicing at least seven years. Jury trials.

COURT OF APPEALS
12 judges (4 divisions). Jurisdiction: Court of Review Reviews trial courts decisions in all civil and criminal cases not specifically reserved to the Supreme Court. Corrects errors of law, does not alter jury verdicts.
SUPREME COURT
7 justices. Jurisdiction: Court of Review Review of certain decisions made by limited jurisdiction courts. Exclusive jurisdiction over questions of constitutional issue, title to land,
validity of and construction of wills, habeas corpus, convictions of capital felonies, equity, divorce, alimony, election contests. Certified questions and petitions from decisions of the Court of Appeals.

Capital felonies. Constitutional issues. Title to land. Wills, equity, and divorce.

As of January 2009.
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. Creation of circuits and number of superior court judges per circuit are 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/aoc/publications.php

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 2006 CY 2007

162,138 173,778

155,520 168,632

91,157 102,300
33

84,348 96,420
25

91,124 102,267

84,323 96,399

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

23,253 24,293 47,919 275,272 121,111 154,161 430,792

FYO8 Annual Report

FYO8 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 2006 CY 2007

24,633 52,291 37,304

26,655 53,504 42,106

40,692 117,975 91,817

49,412 120,425 103,141

2,802 28,043 15,794

8,340 29,138 17,649

120,971 459,831 409,343

140,841 498,998 444,178

79,177 101,278 41,165

447 110,220 105,980

133,059 168,560 93,602

51,127 197,675 162,380

401,333 927,978 689,025

276,822 1,009,960
875,434

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 to 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/aoc/publications.php

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/aoc/publications.php

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 2006 CY 2007

74,002 64,115 26,967

71,173 64,297 33,140

21,615 17,470 8,441

20,367 18,519
9,267

1,554 1,140
890

1,589 1,487
905

32,439 26,645 16,485

29,060 25,975 18,365

16,961 14,417 6,221

14,312 13,843 6,776

5,147 4,140 2,630

4,842 4,063 2,587

151,718 127,927
61,634

141,343 128,184
71,040

FYO8 Annual Report

FYO8 Annual Report 10

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/aoc/publications.php

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 2006 CY 2007

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

8,256 1,016 19,794 2,097 14,855
797 94 1,755 30,750 12,199 4,017 35 225,905

74,434 56,833

71,788 58,396

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 2006 CY 2007

16,636

21,844

9,988 3,394 1,600
80 865

12,690 5,120 1,502
314 1,149

255,658

254,468

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

130,877 91,988 17,607
1,784 3,774

272,294 267,759

276,312 266,805

FYO8 Annual Report

FYO8 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/aoc/publications.php

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 2006 CY 2007

180,462
110,019 35,028

176,576
108,279 35,597

209,723
116,789 37,342

215,558
120,938 40,124

53,484
35,367 569

54,547
37,136 1,185

23,842
13,416 1,329

22,235
11,900 1,360

Total Civil Filings

467,511

468,916

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 2006 CY 2007

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

172,665 176,803
3,257 10,298

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

43,026 232,780 73,608
2,958

53,996
20,011 22,817

31,879
20,535 7,373

55,023
20,505 19,634

60,193
17,778 20,198

948,770 797,007

455,095 418,256

13 FYO8 Annual Report

FYO8 Annual Report 14

The Municipal Courts
Approximately 400 local courts are also part of the Georgia court system. Courts of incorporated municipalities hear municipal ordinance violations, issue criminal warrants, conduct preliminary hearings, and hear certain shoplifting cases and cases involving possession of one ounce or less of marijuana.
Caseload figures for the municipal courts reporting to the Administrative Office of the Courts may be accessed online at www.georgiacourts.org/aoc/publications.php

15

Judicial Elections and Appointments

Superior Courts

Appointments
Judge Carlton LeTain Kell Cobb Circuit, 12/10/07
Judge Donald W. Gillis Dublin Circuit, 12/10/07
Judge T. Harry Hurt Cordele Circuit, 01/07/08
Judge Murphy C. Miller Enotah Circuit, 01/07/08
Judge Warren Davis Gwinnett Circuit, 01/08/08

Judge Edgar W. Ennis, Jr. Macon Circuit, 01/08/08
Judge Henry M. Newkirk Atlanta Circuit, 02/18/08
Judge Daniel Craig Augusta Circuit, 02/18/08
Judge Michael D. DeVane Waycross Circuit, 05/12/08

State Courts
Appointments
Judge Patricia W. Booker Richmond County, 12/10/07
Judge Ethelyn Simpson Clarke County, 01/07/08
Judge Susan E. Edlein Fulton County, 03/21/08
Judge Trent Brown Putnam County, 03/21/08
Judge James Garner Treutlen County, 03/21/08

FYO8 Annual Report

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