Your guide to the Georgia courts [2013]

MUNICIPAL COURT*
370 courts, 352 judges active.
J ur-isdiction (limited): Ordinance violations;
criminal preliminaries; t raffic.
*A small number ofspecial courts, authorized by the Georgia Constitution, have limited civil or criminal jurisdiction throughout a designated county.

MAGISTRATE COURT
159 courts, 159 chief m agistrates; 333 magistrates.
Jurisdiction (limited): Search and arrest war-
rants, felonfJ and misdemeanor pre iminaries, coun~ ordinances. Civil c aims of $15,000 or less, dispossessories, distress warrants. No jury trials.

PROBATE COURT
159 courts, 159judges 15 associate judges.
Jurisdiction (limited): Exclusive j urisdiction
in probate of wills, administration of estates, appointment of guardians, involuntary hospitalizations, marriage licenses. Traffic in some counties.

JUVENILE COURT
159 courts, 138judges and associate judges.
Jurisdiction (limited): De8rived, unruly,
de inquent juveniles. Juvenile traffic. No j ury trials

STATE COURT
70 courts, 122 judges.
Jurisdiction (limited): Civil law actions except
cases within the exclusive jurisdiction of su~rior court. Misdemeanors, traffic, felony preliminaries. J ury trials

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SUPERIOR COURT
49 circuits, 207 judges.
J urisdiction (venera!): Civil law act10ns, rmsdemeanors, and other cases. Exclusive jurisdiction over cases of divorce, title to land, equity. Exclusive felony jurisdiction. Jury trials.

Counties with population over 90,000 where probate judge is attontey practicing at least seven years. Jury hials

COURT OF APPEALS
12judges (4 divisions).
J urisd iction : Appellate jurisdiction over trial courts in cases in which Supreme Court has no exclusive appellate jurisdiction.

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

7 justices.

SUPREME COURT

Jurisdiction: Appellate jurisdiction over cases of constitutional issue, title to land, validity of and construct ion of wills, habeas corpus,
extraordinary remedies, convictions of capital felonies, equity,
divorce, alimony, election contests. Certified questions and certiorari from Court of Appeals.

As of January 2013.


~-
The Georgia court system lzasfive classes oftrial-level courts: the magistrate, probdte,juvenile, state, are approximately 370 municipal courts operating locally. There are two applellate-level courts: thE~ Sllrvr~~e:EJottrt~aitd

I
' Magistrate courts are county co rts that issue
warrants, hear minor criminal o nses and civil claims involving amounts1#''$15, o or less. A chief magistrate is either elected Q appointed in each county as determined by loc~llegislation; other magistrates may be appoint~d by the chief magistrate.
Magistrate court is the court of first resort for many civil disputes including: county ordinance violations, dispossessories, la~dlordYtenant cases, and bad checks. In criiiJ.inal matters magistrates hold preliminary hearings; issue search warrants to law enforcement ancl al$0 warrants for the arrest of a particular person.In some
criminal matters magistr~tes are au~orized to
set bail for defendants. No jury trials are held in mag,ist te'
cases are often argued by the phrties ___ J llther than by att9rneys.
Probate Court
Original jurisdiction in the probate of wills and administration of decedents' estates is designated to the probate court of each county. Probate judges are also authorized to order involuntary hospitalization of an incapacitated adult or other individual, and to appoint a legal guardian to handle the affairs of certain specified individuals. Probate courts issue marriage licenses and licenses to carry firearms.
In counties where no state court exists, probate judges may hear traffic violations, certain misdemeanors, and citations involving the state game and fish laws. Many probate judges are authorized to serve as the county elections supervisor; they also administer oaths of office and make appointments to certain local public offices. In counties where the total population exceeds 90,000, the probate judge must be alicensed attorney who has practiced law for seven. years.
Juvenile Court
Juvenile courts handle all cases involving q.C:
prived and neglected children under 18 years age; delinquent and unruly offenses cornrr.titt~e<: bychildren un.~Eiet""t'l.YeiMlB~~~nd..tta.ftic~ lations committed by juveniles. The juvenile courts also hear cases involving consent to marriage for minors, enlistment of minors in-the military, and procedures for return of a runaway child who is taken into custody in another state.
Juvenile courts have concurrent jurisdiction with superior courts in child custody and child support matters arising from divorces cases, and
prc)ce:eam~:s to terminate parental rights.

issue

uMI'Ir"'"'n1'" hold preliminary

hearings in

cases, and try civil matters

not reserved exclusively for the superior courts.

A state court is established by local legislation

introduced in the General Assembly.

State court judges are elected to four-year

terms in county-wide nottpartisanelections.

Certain vacancies

by ap-

pointment of the

~e Court of Appeals is the court of

rev}ew for many civil and criminal cases

in the trial courts. The purpose of such a
tb is correct legal errors or errors of law

thetriallevel, not to alter jury verdicts

outcome of bench trials.

I

f ;

Tfe Court of Appeals has twelve judgestw:ho

are assigned to one of four panels made up of

I

.

thr e judges each. Once a case is assignedjto a

paael, the judges review the trial transcript, rele-

varlt portions of the record, and briefs su mitted
by the attorneys for the parties. Panels a phear
or~\ arguments in a small number of cas 1

Panel decisions are final unless one jud
seri"ts. If necessary, a case may be revie

the, full court.

Supreme Court ofGeor

marijuana cases.

., .

Municipal court judges are often appointed by " {, .

the mayor, some are elected. There are more . ..

than 350 municipal courts operating in Georgia;

Administrative Office of the Courts 244 Washington Street, Suite 300 Atlanta, GA 30334