Georgia’s Judicial System

GEORGIA’S JUDICIAL SYSTEM

First … a quick review What is a misdemeanor?

Less serious crime, punishment is < 1 year in prison, < $1,000 fine, or both

Examples: shoplifting (depending upon amount stolen), vandalism, trespassing

What is a felony?

Serious crime, > 1 year in prison, > $1,000 fine or both

Examples – murder, burglary, assault, arson

Jurisdiction – what is it? The cases over which a court has

control.

Municipal Courts Also known as special courts, these courts

deal with municipal, or local, issues. They may do the following:

Handle ordinance violations, such as curfew violations, cruelty to animals, truancy, assault and battery

Issue criminal warrantsConduct preliminary hearingsTry cases involving drug possession in small

quantities

Probate Courts 159 courts (1 for each county in Georgia) Judges in these courts are elected for 4

year terms These courts perform the following

functions:Wills and estates after deathIssue marriage licensesIssue firearms licensesHave jury trials in large counties only

Probate Court

Magistrate Courts 159 courts (1 for each county in Georgia) Some of these judges are appointed by

county legislators, some are elected for 4 year terms

These courts perform the following:Issue arrest warrantsIssue search warrantsTry civil cases (less than $15,000) – no jury

trials

Magistrate Court – Cobb County

Juvenile Courts 159 courts (1 for each county in Georgia) Judges in these courts are appointed by

Superior Court judges for 4 year terms This court handles the following:

Cases for children 18 years old and younger who are deprived or neglected

Cases for children 17 years old and younger with unruly or delinquent behavior

No jury trials

Juvenile Court

State Courts 71 courts in Georgia (not every county

has one) Judges are elected for 4 year terms These courts handle the following:

MisdemeanorsCivil casesTraffic violationsThis court does conduct jury trials

State Courtrooms

Superior Courts 49 circuit courts (circuit may be several

counties combined) Judges are elected for 4 year terms This court handles the following:

Civil issuesMisdemeanor casesFelony cases including violent crimes

committed by juvenilesConduct jury trials

Superior Courts Exclusive jurisdiction over:

Felony casesDivorceCivil cases involving landWrits of habeas corpus

Also hear appeals (when someone is unhappy with the verdict from a lower court) from state courts, juvenile courts, probate courts, and magistrate courts.

Court of Appeals 4 courts – 12 judges in total Judges are elected for 6 year terms Hears appeals from lower courts

Georgia Supreme Court One court – 7 justices total Judges are elected to 6 year terms This is Georgia’s highest court Primary job is to interpret the Georgia

Constitution, final appellate court Deals frequently with death penalty and fair

election cases Appeals from the Court of Appeals Decisions from this court are binding and have

the effect of making law

Georgia Supreme Court Justices

Let there be justice, though the heavens may fall.

Georgia Supreme Court building

Atlanta, GA