FY2010 Annual Report: Georgia Courts July 1 2009 - June 30, 2010 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, Marla S. Moore 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.gov Table of Contents State of Judiciary Address...............................................................................................................................2 New Initiatives and Legislation.....................................................................................................................3 Judicial Council of Georgia.............................................................................................................................4 Summary of Judicial Council Actions .......................................................................................................5 Administrative Office of the Courts ........................................................................................................6 Caseload Data for Courts Supreme Court of Georgia ...............................................................................................................10 Court of Appeals of Georgia............................................................................................................11 Superior Courts........................................................................................................................................12 State Courts................................................................................................................................................12 Juvenile Courts ..........................................................................................................................................13 Probate Courts .........................................................................................................................................14 Magistrate Courts....................................................................................................................................15 Municipal Courts......................................................................................................................................16 Judicial Elections and Appointments ......................................................................................................17 1 Justice at the Center... "It is in justice that the ordering of society is centered." -- Aristotle State of Judiciary Address On March 16, 2010, Chief Justice Carol W. Hunstein delivered her first State of the Judiciary Address before a joint session of the House and Senate. She turned to Ancient Greece, the birthplace of democracy, to remind legislators that as Aristotle noted: "It is in Justice that the ordering of society is centered." Mission of Courts. The Chief Justice reviewed the mission and work of the various classes of court to provide "open, just and timely resolution of all matters before the courts." Noting that she is honored to stand shoulder to shoulder with the best judges this country has to offer, she emphatically stated her conviction that, "Georgia's judiciary is critical to this state's public safety and well-being." Economic Downturn. Responding to the state's fiscal crisis, the Chief Justice stated, "The courts have not resisted sharing the burden of bad economic times. Our judges have volunteered to take furloughs. We have eliminated staff positions and laid off people whose livelihoods depended on them. We have closed law libraries." "However, these budget cuts threaten the basic constitutional rights of civil litigants and criminal defendants . . . the need for justice does not diminish with a shrinking economy--it grows. We simply cannot afford to lose the rule of law." Case backlogs. As the Chief Justice put it, "Hardest hit by court backlogs are our most vulnerable citizens: abused children, battered women, crime victims and the elderly." 2 New Initiatives and Legislation Led by Chief Justice Hunstein, the judicial branch united to push for adequate funding of court operations. Trial courts expressed concern over cuts to the Institute of Continuing Judicial Education. ICJE conducts training seminars for all Georgia judges; annual training hours are required for judicial office holders. Information Sharing. The AOC initiated a weekly meeting of judicial branch stakeholders to bolster support of Judicial Council Policy Committee recommendations and to promote court system programs and budgets. Thus information sharing became a stimulus for building a team approach to legislative inquiries about the judiciary. Judgeships Funded. At the close of the 2010 Session funding of new superior court judgeships in the Atlanta, Alcovy and Brunswick Judicial Circuits succeeded in both Houses. These three positions were filled by Governor Perdue but the effective date of their terms was delayed until July 1, 2010, when actual funding of the positions took effect. Terms of office for these three positions ends on December 31, 2012. Governor's Veto. HB 1236, a measure requiring municipal court judges to be licensed attorneys was vetoed by the governor. The veto message stated that city officials should be allowed to determine the qualifications necessary for the office of municipal court judge. Process Servers. Legislation officially creating the profession of certified court process server also cleared the General Assembly and was signed into law by the Governor.The Judicial Council is charged with promulgating rules and regulations to train and certify individuals who will be entitled to serve process for any court in the state. Individuals at least 18 years of age may file an application with the sheriff of the county where they wish to serve.The AOC along with the Georgia Sheriffs' Association will approve mandatory courses and testing for process server certification. Applicants must also undergo a criminal background check and obtain a commercial surety bond or insurance policy. Fee Increases. The General Assembly enacted legislation to generate more revenue by increasing filing fees charged by the courts as well as fees of state agencies and departments. Fees for filing appeals in the Court of Appeals and the Supreme Court of Georgia were increased ten-fold. The measure, signed into law by the Governor, could not be amended until 2011. After consultation with the bill sponsors the Supreme Court and the Court of Appeals judges initiated a rule change to bypass the increase in appellate filing fees. Justice at the Center... 3 Judicial Council of Georgia The 25-member Judicial Council develops policies for improving and administering the Georgia Courts. The Chief Justice of the Supreme Court of Georgia serves as chair of the Council; membership, as established by Order of the Supreme Court, consists of judges from each level of court: appellate, superior, state, juvenile, probate, magistrate and municipal. The Council oversees the work of the Administrative Office of the Courts through established oversight committees: Standing Committee on Policy; Committee on Court Reporting Matters; Committee on Drug Courts; Judicial Workload Assessment Committee; Records Retention Committee. Front row, from left: Judge Michael Clark, Superior Court, Gwinnett Judicial Circuit; Judge Stan Smith, Superior Court, Dublin Judicial Circuit; Judge Bill Bass, State Court of Grady County; Chief Judge M. Yvette Miller; Court of Appeals of Georgia; Chief Justice Carol W. Hunstein, Supreme Court of Georgia; Presiding Justice George H. Carley, Supreme Court of Georgia; Judge John J. Ellington, Court of Appeals of Georgia; Judge Kathlene Gosselin, Superior Court, Northeastern Judicial Circuit; Judge Richard Alexander, Magistrate Court of Gwinnett County. Back row, from left: Judge Quillian Baldwin, Superior Court, Coweta Judicial Circuit; Chief Judge Cynthia J. Becker, Superior Court, Stone Mountain Judicial Circuit; Judge David Emerson, Superior Court, Douglas Judicial Circuit; Judge Ronnie Joe Lane, Superior Court, Pataula Judicial Circuit; Judge Ron Ginsberg, State Court of Chatham County; Judge David Strickland, Municipal Court of Covington; Judge Lynwood Jordan, Probate Court of Forsyth County; Judge Robert Rodatus, Juvenile Court, Gwinnett Judicial Circuit; Judge F. Bryant Henry, Juvenile Court, Lookout Mountain Judicial Circuit; Judge Al Willis, Magistrate Court of Dooly County. Not pictured: Chief Judge John D. Allen, Superior Court, Chattahoochee Judicial Circuit; Chief Judge Doris Downs, Superior Court, Atlanta Judicial Circuit; Judge Charles Paul Rose, Superior Court, Atlantic Judicial Circuit; Judge Lawton Stephens, Superior Court, Western Judicial Circuit; Judge Melvin K. Westmoreland, Superior Court, Atlanta Judicial Circuit; Judge Tammy S. Brown, Probate Court of Barrow County. 4 Summary of Judicial Council Actions FY10 July 22, 2009 Meeting F Justice Carol W. Hunstein becomes Chief Justice and Chair of the Judicial Council; Justice George H. Carley assumes the office of Presiding Justice and Vice Chair of the Judicial Council; F Ms. Marla S. Moore becomes Director of the AOC; F Judicial Council adopts a policy regarding proper attire in all Georgia courtrooms that allows an exception to the ban against head gear for individuals wearing head coverings relating to religious beliefs. December 11, 2009 Meeting v As a cost-cutting measure, the Judicial Council votes to limit the 2009 judgeship study to those circuits that actually qualify for new judgeships. The Council also authorized new civil and criminal case-type categories, including "serious" felony as recommended by the Judicial Workload Assessment Committee; v Chief Justice Hunstein announces that at the request of the Legislature each class of court will promulgate specific court rules on procedures for recusal of judges; the Chief Justice appoints an ad hoc Recusal Rules Committee. v Chief Justice Hunstein reports on recent conversations with Gov. Perdue regarding funding needs of the Judicial Branch. February 24, 2010 Meeting v Chief Justice Hunstein convenes special meeting of the Judicial Council to establish budget priorities and discuss proposed cuts to the judicial branch budget being considered by the General Assembly; v Judicial Council votes to grant Chief Justice Hunstein authority to represent the interests of the judiciary to Legislature. June 11, 2010 Meeting F Approves grant funding to local drug court programs as recommended by the Standing Committee on Drug Cour ts; F Adopts Department of Archives imaging standards and hardware specifications for judicial branch records; F Authorizes submission of Judicial Branch Records Retention Schedules to State Records Committee for review in October. F Adopts changes to the Judicial Council Judgeship Policy as recommended by the Judicial Workload Assessment Committee. Judicial Council of Georgia 5 Administrative Office of the Courts A Judicial Branch Resource. . . The work of Administrative Office of the Courts consists of shared services provided variously to the trial and appellate courts of the state. Organizational units and their functions are presented here in brief. The agency Fiscal Office assists twenty- the state. The unit has primary responsibil- nine separate judicial branch programs in ity for maintaining the agency's internal tasks including: budget preparation and network, court system personnel database, management; payroll administration and desktop software and equipment, e-mail, audit compliance; invoicing and accounts web and listserv capabilities. In addition IT payable. The AOC fiscal office also handles staff is integral to technology initiatives in- budget inquiries from the Governor and volving other court system groups. Collab- General Assembly on behalf of each Judicial oration with Georgia Superior Court Clerks Council budget unit. Cooperative Authority (GSCCCA) is cen- tral to the mission of the AOC. This work The Governmental Affairs section is a includes advancing child support e-filing; clearinghouse for judicial branch legislative civil case e-filing capabilities and certifica- initiatives. For the duration of each legislative session, AOC staff maintains tion of annual trial court case counts. continued page 8 a website specific to actions of the General Assembly and the status of court-related legislation. With the assistance of student interns, the staff provides information to members of the House and Senate and their committees. The AOC also lends supports to other judicial branch groups and the State Bar of Georgia on issues of common concern. The AOC Information Technology unit plays a central role in courts automation efforts around Sentencing Forms AOC staff assisted with a comprehensive revision of superior court standard sentencing forms used in criminal convictions. The redesigned forms feature improved organization of information and standardization of data elements. Legal terminology and statutory provisions were updated in accordance with legislative changes made subsequent to adoption of the original superior court sentencing forms. When adopted by the Council of Superior Court Judges, the new forms will be incorporated into the Uniform Rules of Superior Court for use in criminal sentencing in Georgia's general jurisdiction trial courts. 6 Commiee on Justice for Children The mission of J4C is to improve the legal and court process of court-involved children in civil child abuse and neglect proceedings. Court Improvement Initiatives are federally funded. Cold Case Project: A one-year project initi- foundation funding to continue the project in- ated in April 2009 in collaboration with the Divi- house at DFCS, but still in partnership with J4C. sion of Family and Children's Services and Office of the Child Advocate, the Cold Case Project was Court Process Reporting System designed to improve permanency for Georgia's (CPRS): Throughout FY10, J4C increased ac- most vulnerable youth those most likely to cess to the data in this secure, web-based system emancipate from foster care, with a particular that provides child-specific case plan information emphasis on legal orphans to juvenile court stakehold- (children with termination of parental rights proceedings completed on both parents One Cold Case under review involved a child,T, in care since the age of 3. In 2010, at the age of 15,T began the ers. Additionally, J4C continued a partnership with the Council of Juvenile and no legal connection to process of being placed in a perma- Court Judges and Georgia any adult). nent home. Upon hearing the news,T Court-Appointed Special Eleven experienced child welfare attorneys were hired to serve as Supreme Court of Georgia Fellows for the Cold Case Project. The fellows reviewed 214 cases responded, "Am I dreaming? Does this mean I'm getting closer to getting a family?" After twelve long years with- out a permanent, safe connection with a caring adult,T was finally hopeful of becoming part of a family again. Advocate to generate prepopulated, standardized reports in CPRS. J4C Staff traveled to numerous counties around the state to demonstrate the use of this from 45 counties to identify system to local stakeholders legal and actual barriers to permanency. The and to gather feedback to develop user-specific attorneys also and met with J4C staff weekly to enhancements to the interface. Using grant funds, discuss the cases they reviewed and brainstorm J4C continues to provide equipment to juvenile local and systemic solutions to legal and social court stakeholders to ensure enhanced access to work problems indentified in the children's cases. CPRS and improve outcomes for children. After these reviews, follow-up discussions were held with the local DFCS offices. Areas Court Improvement Initiative (CII): identified for needed improvement include, Paulding and Chatham counties served as hosts among others: uniform relative search documen- for the two CII meetings in FY10. The semi-an- tation; better documentation of "compelling rea- nual meetings of Georgia's fourteen CII courts sons" (a required evidentiary finding for some provide a forum for vigorous discussion and cases); and more documentation of a child's true shared learning on ways to improve how courts engagement of his/her permanency plan. handle child abuse and neglect cases. The August The full evaluation report conducted by 2009 meeting in Paulding County was centered Applied Research Services, Inc. is available at on the theme of independent living services and www.gajusticeforchildren.org an initial exploration into implicit bias; the Feb- The Cold Case Project received an award ruary 2010 meeting in Chatham County focused from the Georgia Child Welfare Association further on addressing implicit bias in the child (GCWA); Casey Family Programs is providing welfare system and the courts. 7 Administrative Office of the Courts A Judicial Branch Resource. . . AOC IT also provides and maintains case management systems for 274 local probate and magistrate courts; participates in the state Traffic Records Coordinating Council; and assists the Governor's Office of Highway Safety and others. Many AOC core functions involving daily contact with judges, clerks, court administrators and other court system professionals are grouped in the agency's Court Services unit. Annual case counts for each class of court and complex studies on judicial workload assessment for the superior courts are spearheaded by the Research Section. Court services also encompasses the administration of professional boards and commissions responsible for regulation, testing and licensing of Georgia court reporters, foreign language interpreters, dispute mediators and neutrals, and private probation companies. The judicial liaison section assists the Council of Probate Court Judges, Council of Municipal Court Judges, magistrate court clerks, and judges training councils with planning for mandatory continuing education as well as the governing committees for these groups. The AOC is proud to support court system projects that improve outcomes for our most vulnerable citizens: children, the elderly and other under-served groups. The Children, Families and the Courts section administers federal funds, private foundation funds and state funds that make these efforts possible. In addition to the work of the Committee on Justice for Children and Committee on Civil Justice, Elder Law Pro Bono Program (see pages and 7), the section works hand-in-hand with the state Division of Child Support Services Paternity/Legitimation Task Force. The continued page 9 Elder Law Pro Bono Program Through partnership with the Georgia Senior Legal Hotline (a project of the Atlanta Legal Aid Society) and Georgia Legal Services Program, a full-day training program was developed to educate volunteer attorneys on basic issues facing senior citizens: probate, consumer, advanced directives, powers of attorney, etc. These training seminars offered in Macon and Ellijay drew more than 100 attorneys combined. Each attorney taking the class pledged to accept two referred cases on a pro bono basis over the next year. Potentially, this means 200 cases will be referred to provide free legal services to seniors in need. Plans are to offer the training in other areas of the state. 8 unit staffs the Supreme Court Committee on Access & Fairness which sponsors educational programs for high school students and other efforts. The Accountability Courts section oversees financial and technical assistance to Georgia's felony, juvenile and/or adult Drug Courts and Driving under the Influence (DUI) specialty courts. The unit also manages state-funded grants to local non-profit groups for provision of civil legal services to victims of domestic violence. In addition operating procedures and standards for Domestic Violence courts are being developed by the Task Force on Domestic Violence. Finally the accountability courts section assists in establishing local Child Support Problem Solving courts. Director's Staff: Essential agency functions reporting directly to the AOC director include: legal services provided by the General Counsel; personnel matters handled by Human Resources; and agency publications and media relations assigned to the Public Information Office. Jury Composition Commiee Chaired by Justice Hugh Thompson, a group of state and superior court judges, superior court clerks, court administrators, jury clerks and attorneys, have been studying the feasibility of creating an inclusive juror source list at least annually for each of the 159 counties in the state. Such a system would replace Georgia's current "balanced box" method of creating the jury pool. Dr. John Speir of Applied Research Services, Inc. conducted a comprehensive research project on behalf of the committee to determine if an inclusive statewide list could be created using available databases from Voter Registration, Vital Records and the Dept. of Driver Services. This pool, totaling more than 16 million records, would be cleaned of duplicates and out-of-date records, to become the basis for Georgia's inclusive source list. The committee has determined that implementation of the system also requires setting standards for data preparation, revising court rules governing jury pools and statutory revisions. The Committee is working closely with the Council of Superior Court Clerks to estimate the annual cost of preparing such a list and distributing it to the state's 159 superior court clerks. Resources: Appropriations The Judicial Council budget unit sustained a 9.4% reduction by the General Assembly. The FY 2010 base budget request of $14,173,198 resulted in an adjusted appropriation of $13,041,958. Breakdown for the Judicial Council Budget Unit showing individual percentage reductions are as fol- lows: Georgia Appellate Resource Center $551,000 (-5.0%) Office of Dispute Resolution $61,913 (-15.4%) Institute of Continuing Judicial Education $946,894 (-8.5%) Judicial Qualifications Commission $348,331 (+24.9%) Judicial Council $11,133,820 (-8.8%) 9 Supreme Court The 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 2008 2009 Direct Appeals Petitions for Certiorari Certified Questions Applications for Appeal Habeas Corpus Discretionary Interlocutory Interim Review Attorney Disciplinaries Bar Admissions Original Petitions Emergency Motions Execution Matters Death Penalty Habeas Corpus 502 554 616 564 2 6 416 393 250 260 46 46 3 3 165 126 12 8* 34 9 14 10 6 NR 7 NR Total *Includes Judicial Qualifications 2,073 1,979 Supreme Court Cases Disposed 2008 2009 By Opinion Affirmed without Opinion Stricken from Docket Allowed Withdrawn Transferred to Court of Appeals Appeals Dismissed Other Direct Appeals 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 Transferred to Court of Appeals Dismissed Attorney Discipline Bar Admissions Judicial Qualifications 391 325 7 8 1 1 21 21 77 93 150 125 11 67 56 639 420 51 64 22 32 257 296 56 75 4 4 15 52 83 91 45 45 83 58 16 14 11 22 6 7 10 3 0 2 4 1 0 0 3 1 NR 3 NR 1 123 132** 5 3 2 3 Total 2,160 1,958 10 **Includes Appointing of Special Master Court of Appeals The Court of Appeals of Georgia, 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. Filings 2008 Direct Appeals Discretionary Applications Interlocutory Applications 40 (b) Motions Total 2,443 495 335 NR 3,273 2009 2,410 503 318 29 3,260 Dispositions 2008 Direct Appeals By Opinion Companion Cases Non-Published Opinion & Rule 36 Order Total 1,322 130 331 680 2,463 Discretionary Applications Granted 97 Denied 251 Dismissed 115 Transferred 25 Withdrawn 6 Other 1 Total 495 Interlocutory Applications Granted 102 Denied 201 Dismissed 25 Transferred 4 Withdrawn 3 Other 0 Total 335 Total 3,293 2009 1,277 126 367 729 2,499 130 214 129 25 0 4 502 117 165 16 6 1 0 305 3,001 Court of Appeals 11 Superior Courts The 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. Superior courts have jurisdiction to hear appeals from lower courts as provided by the Georgia Constitution. The superior courts are organized into 49 judicial circuits made up of one or more counties. Creation of circuits and new superior court judgeships are established by act of the General Assembly. Superior court judges are constitutional officers who are elected to four-year terms in circuit-wide nonpartisan elections. Senior superior court judges may hear cases as assigned in any circuit. CY 2008 CY 2009 Total Criminal Dockets Filed Defendants Filed 152,229 150,440 165,647 163639 Serious Felony Dockets Filed Defendants Filed NA 8,051 NA 9,990 Felony* Dockets Filed Defendants Filed 85,845 78,140 97,832 87,618 Unified Appeals 23 22 Misdemeanor Dockets Filed Defendants Filed 28,120 23,402 29,551 25,184 Probation Revocation 38,240 40,825 Total Civil Dockets Filed 291,369 304,975 General Civil Dockets Filed 130,213 134,492 Domestic Relations Dockets Filed 161,156 170,483 Total Dockets Filed 443,598 455,415 *Prior to the CY2009 case count, "serious felony" was not a separate case-type. 12 State Courts State courts are county courts that exercise limited jurisdiction. State court judges have criminal jurisdiction over misdemeanor offenses, felony preliminary hearings, traffic violations, application and issuance of search and arrest warrants. Civil matters not reserved exclusively to the superior courts are also adjudicated in state courts. Appeals of judgments from the magistrate courts may be returned to the state court and handled as a de novo appeal. The General Assembly creates state courts by local legislation establishing 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. CY 2008 CY 2009 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 26,482 54,578 32,991 24,288 44,635 35,623 44,906 114,979 107,201 55,032 122,757 108,107 4,300 27,356 18,399 6,085 29,901 17,941 157,615 486,305 457,605 164,742 473,877 410,429 498 110,616 113,194 422 99,197 53,002 73,545 225,025 138,667 91,161 215,556 139,811 307,346 341,730 1,023,498 999,443 868,057 764,913 Juvenile Courts Jurisdiction 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. Juvenile Courts CY 2008 CY 2009 Delinquent Filed Disposed Open 66,120 65,042 23,362 58,289 55,001 25,343 Unruly Filed Disposed Open 20,247 19,146 7,244 17,411 15,743 7,755 Termination of Parental Rights Filed Disposed Open 1,575 1,473 823 1,390 1,282 842 Deprived Filed Disposed Open 24,120 23,028 15,230 20,055 17,856 15,280 Traffic Filed Disposed Open 10,359 9,743 4,174 9,939 9,202 5,103 Special Proceedings Filed Disposed Open 5,309 4,642 2,091 4,381 3,984 2,324 Total Filed Disposed Open 127,730 123,074 52,924 111,465 103,068 56,647 13 Probate Courts County 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. Probate court judges are constitutional officers who are elected to four-year terms. All probate court judges administer oaths of office and issue marriage licenses. In some counties probate judges may hold habeas corpus hearings or preside over criminal preliminary hearings. Unless a jury trial is requested, a probate court judge 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. Civil CY 2008 CY 2009 Letters of Administration 7,320 8,021 No Administration Necessary 754 698 Will Probate 18,226 19,848 Year's Support 2,049 2,254 Guardianship 13,462 14,351 Petitions 690 662 Custodial 27 18 Citations 1,696 1,753 Miscellaneous 29,394 32,015 Inventories 12,910 15,225 Mental Health 3,212 3,533 Habeas Corpus 221 17 Total Dockets 89,961 94,955 Licenses Marriage Firearms 65,042 68,431 101,684 124,503 14 Criminal 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 2008 CY 2009 10,472 12,349 6,026 2,388 1,867 368 338 5,710 4,234 2,235 505 118 224,519 239,387 116,646 76,181 17,960 137,882 67,182 29,701 2,639 3,192 4,796 1,786 234,991 252,070 227,605 240,378 Probate Courts Magistrate Courts Magistrate 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. Civil 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 Total Civil Filings CY 2008 CY 2009 174,207 186,406 102,705 105,241 36,508 38,107 217,546 206,999 117,664 113,098 41,744 41,075 51,938 36,565 1,169 52,574 33,155 1,563 12,509 8,146 23,105 15,408 10,752 1,757 456,200 461,387 Criminal 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 2008 CY 2009 174,328 178,208 2,599 10,684 171,803 176,377 2,394 11,632 37,837 193,034 68,228 2,483 32,516 192,628 68,254 2,492 51,672 19,484 18,839 65,100 19,912 25,959 37,259 16,288 7,242 22,430 12,577 4,177 927,624 919,378 743,276 690,553 Magistrate Courts 15 Municipal Courts Georgia's municipal courts hear traffic and ordinance violation cases in 400 towns and cities--from tiny Abbeville to suburban Avondale Estates. Municipal Court judges hear municipal ordinance violations, issue criminal warrants, conduct preliminary hearings, and sometimes have concurrent jurisdiction over shoplifting cases and cases involving possession of one ounce or less of marijuana. Until recently, judges of the municipal courts were not represented by a voting Judicial Council member. In April, 2009 the Supreme Court issued an order increasing membership of the Council from 24 to 25 judges-- giving the president of the Council of Municipal Court Judges a seat at the table. Filings Traffic Ordinance Drugs DUI Other Total Hearings Traffic Ordinance Drugs DUI Other Total CY 2008 686,567 61,779 6,970 17,260 160,370 964,730 1,382,451 280,055 13,414 27,867 164,693 1,868,480 248,956 24,129 4,263 8,038 14,540 319,969 417,283 58,693 8,976 17,463 39,197 541,612 Municipal Courts 16 Judicial Elections and Appointments Supreme Court Appointments Justice David E. Nahmias, 09/03/09 Superior Court Appointments Judge Russell W. Smith Mountain Judicial Circuit, 04/23/10 Judge Linton Kim Crawford Mountain Judicial Circuit, 05/18/10 Judge Stephen D. Kelley Brunswick Judicial Circuit, 06/29/10 Judge Shawn LaGrua Atlanta Judicial Circuit, 06/29/10 Judge W. Kendall Wynne, Jr. Alcovy Judicial Circuit, 06/29/10 17 Judicial Council of Georgia Administrative Office of the Courts 244 Washington Street, SW Suite 300 Atlanta, GA 30334 404-656-5171 www.georgiacourts.gov 18