MUNICIPAL COURT*
370 courts, 352 judges active.
Jwi.sdiction (limited): Ordinance violations;
criminal preliminari..s; traffic.
*A small number ofspecial courts, authorized by the Georgia Constituh"on, have limited civil or criminal jurisdich"on throughout a designated county.
MAGISTRATE COURT
159 courts, 159 chief magistrates; 333 magistrates.
Jurisdiction (limited): Search and arrest war-
rants, felon.}i a~d m.isdemeanor pre mmanes, coun~ ordinances. Civil c aims of $15,000 or less, dispossessories, distress warrants. No jury trials.
PROBAT COURT
159 courts, 159judges 12 associate jndges.
Jurisdiction (limited): Exclusive jurisdiction
in probate of wills, administration of estatl's, appointment of guardiaJL., involuntary hospitalizations, m: rriage licenses. Traffic in so.ne counties.
JUVENILE COURT
159 courts, 138judges and associate judges.
Jurisdiction (limited): D:Jirived, unruly,
d inquent juveniles. Juvenile traffic. No jwy trials
STATE COURT
70 courts, 123judges.
Jurisdiction (limited): Civil law actions except
cases within the exclusive j~risdiction of supenor court. Traffic, all criminal cases below felony grade. Jwytli.als
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SUPERIOR COURT
49 circuits, 209 judges.
Jurisdiction (!Jenera/): Civil law actions, nnsdemeanors, and other cases. Exclusive jurisdiction over cases of divorce, title to land, equity. Exclusive felony jurisdiction. Jwy trials.
Cow1ties with population over 90,000 where probate judge is attorney practicing at least seven years. Jury trials
COURT 01: APPEALS
12 judges (4 divisions).
Jurisdiction: 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 construction of wills, habeas corpus, extraordinary remedies, convictions of capital felonies, equity,
divorce, alimony, election con1 ests. Certified questlons and certiorari from Court of Appeals.
As of January 2014.
The Georgia court system hasfive classes oftrial-level courts: the magistrate, probate,juvenile, state, and superior courts. In addition, there are approximately 370 municipal courts operating locally. There are two applellate-level courts: the Supreme Court and Court ofAppeals.
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Magistrate Court
Magistrate courts are county courts that issue warrants, hear minor crirmnal offenses and civil claims involving amounts ( f $15,000 or less. A chief magistrate is either elected or appointed in each county as determined by local legislation; other magistrates may be appointed by the chief magistrate.
Magistrate court is the court offirst resort for many civil disputes including: county ordinance violations, dispossessories, landlord/tenant cases, and bad checks. In criminal matters magistrates hold preliminary hearings; issue search warrants to law enforcement and also warrants for the arrest of a particular person. In some criminal matters magistrates are authorized to set bail for defendants.
No jury trials are held in magistrate cou civil cases are often argued by the parties themselves, rather than by attorneys.
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 a licensed attorney who has practiced law for seven years.
Juvenile Court
Juvenile courts handle all cases involving deprived and neglected children under 18 years of age; delinquent and unruly offenses committed by children under 17 years of age; and traffic violations 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 in proceedings to terminate parental rights. Original jurisdiction over juveniles who commit certain serious violent felonies resides in the superior courts.
Juvenile court judges are appointed by agreement of the superior courtjudges of the circuit to four-year terms of office.
State Court
State courts exercise limited jurisdiction within one county. These judges hear misdemeanors including traffic violations, issue search and arrest warrants, hold preliminary hearings in criminal 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 nonpartisan elections. Certain vacancies in state comt are filled by appointment of the Governor.
Municipa Court
Cities and towns in Georgia establish municipal courts to handle traffic offenses, local ordinance violations, coni:luct preliminary hearings, issue warrants, and in some instances hear misdemeanor shoplifting and possession of marijuana cases.
Municipal court judges are often appointed by the mayor, some are elected. Ih " ar .no~t. than 350 municipal courts operating in Georgia.
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Superior Court
The superior court exercises broad civil and criminal jurisdiction. Superior court judges preside over all felony trials, have exclusive jurisdiction over divorces and may correct errors made by limited jurisdiction courts. The forty-nine superior court circuits in Georgia are made up of one or more counties; each circuit has a chiefsuperior court judge and other judges as authorized by the General Assembly.
Superior court judges are constitutional officers who are elected to four-year terms in circuit-wide nonpartisan elections. Certain vacancies that or.cur in superior court are filled by appointment of the Governor. A candidate for superior comt judge must be at least 30 years of age, a lawyer who has practiced for seven years, and a resident of the state for three years.
Jury Service
Jury trials are a hallmark of the American legal system. Each day around the state, our trial courts require hundreds of ordinary citizens to report to the courthouse for jury duty. Both a right and responsibility, service as a juror places the individual citizen in a central rolt. in the jus tice system.
Court ofAppeals ofGeorgia
The Court ofAppeals is the court offirst review for many civil and criminal cases decided in the trial courts. The purpose of such a eview is to correct legal errors or errors of law made at the trial level, not to alter jury verdicts or the outcome of bench trials.
The Court ofAppeals has twelve judges who are assigned to one of four panels made up of three judges each. Once a case is assigned to a panel, the judges review the trial transcript, relevant portions ofthe record, and briefs submitted by the attorneys for the parties. Panels also hear oral arguments in a small number of cases. Panel decisions are fmal unless one judge dissents. If necessary, a case may be reviewed by the full court.
Supreme Court ofGeorgia
The Supreme Court, the state's highest court, reviews decision<, m<tdr bv other courts in civil
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questions involving the constitutionality of state statutes, all criminal cases involving a sentence of death, and petitions from decisions ofthe Court of Appeals. No trials are held at the appellate level; oral arguments are hrard by tht: entire court.
Each case accepted for review by the Supn me Court is assigned to one of the seven justices for preparation of a preliminary opinion (decision) for circulation to all other justices. The justices review trial transcripts, case records and the accompanying legal briefs prepared by attorneys. An opinion is adopted or rejected by the Court after thorough discussion by all the justices in conference.
The Chief Justice and the Presidjng Justice ~erve as officers of the court for two-year terms. The Chief Justice presides at official sessions of the Supreme Court and conferences of the justires. TI1e Supreme Court is assigned oversight of the legal profession and the judiciary, ns well a.:; other designated duties.
Court Funding
At the appellate level, salaries and operating expenses are paid from state revenues. Funding for the superior and juvenile courts is shared by state and county funding sources. Umited juris-
diction courts are funded solely by citv or <'ounty
t,overnments.
Administrative Office of the Courts 244 Washington Street, Suite 300 Atlanta, GA 30334