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