Georgia GovernmentGeorgia Government

Legislative, Executive, and Legislative, Executive, and Judicial Branch & the Juvenile Judicial Branch & the Juvenile

Justice SystemJustice System

Legislative Branch:Legislative Branch:General AssemblyGeneral Assembly

SenateSenate

Confirms appointments Confirms appointments the Governor makes the Governor makes to executive officesto executive offices

House of House of RepresentativesRepresentatives

Write appropriation Write appropriation (spending) (spending) billsbills

Propose & Pass Bills

Both houses must approve bills before they’re sent to the Governor’s office

General AssemblyGeneral Assembly MembersMembers

House: 180 membersHouse: 180 members Senate: 56 membersSenate: 56 members

Elected to 2-year Elected to 2-year terms with no limit terms with no limit to number of termsto number of terms

RequirementsRequirements House & Senate House & Senate

members must be:members must be: Citizens of the USCitizens of the US Citizen of Ga. For 2 Citizen of Ga. For 2

yearsyears Legal resident of their Legal resident of their

district for at least 1 district for at least 1 yearyear

Senate: 25 years oldSenate: 25 years old

House: 21 years oldHouse: 21 years old

Meetings/SessionsMeetings/Sessions

40-day session40-day session Begins 2Begins 2ndnd Monday in January through March Monday in January through March

Lt. Governor presides over SenateLt. Governor presides over Senate Does not have a voteDoes not have a vote

Speaker of the House elected by House Speaker of the House elected by House membersmembers Has a vote when there is a tieHas a vote when there is a tie

Both appoint committees & chairpersons Both appoint committees & chairpersons and assigns bills to committeesand assigns bills to committees

LegislationLegislation

General Assembly can pass laws on General Assembly can pass laws on any matter not denied it by the U.S. any matter not denied it by the U.S. ConstitutionConstitution

It can amend state laws or do away with It can amend state laws or do away with them, pass legislation on taxes, them, pass legislation on taxes, education, contracts, real & personal education, contracts, real & personal propertyproperty

Public LegislationPublic Legislation

Legislative Committee SystemLegislative Committee System General Assembly General Assembly

members can serve on members can serve on multiple committees.multiple committees. Chairpersons determine Chairpersons determine

meeting times & the order meeting times & the order in which bills will be in which bills will be discussed and voted on discussed and voted on

Standing committeesStanding committees Permanent committees Permanent committees

lasting from one session lasting from one session to the nextto the next

Ways & Means, Ways & Means, Appropriations, Judiciary Appropriations, Judiciary CommitteesCommittees

Other special committeesOther special committees Organized for special tasks Organized for special tasks

and lasts until work is and lasts until work is completedcompleted

Interim Comm. Interim Comm. works on works on assigned issues & concerns assigned issues & concerns between legislative sessionsbetween legislative sessions

Conference Comm. Conference Comm. appointed when the House appointed when the House and Senate pass different and Senate pass different versions of a billversions of a bill

3 Senators & 3 Reps 3 Senators & 3 Reps attempt to create 1 bill that attempt to create 1 bill that both houses will passboth houses will pass

Joint Comm. Joint Comm. made up of made up of members of both houses members of both houses and works on an assigned and works on an assigned topic or issuetopic or issue

How a bill becomes a lawHow a bill becomes a law proposal submitted to clerkproposal submitted to clerk copies of bill given to legislators (house or senate)copies of bill given to legislators (house or senate) bill assigned to bill assigned to committeecommittee committee considers bill and may hold public committee considers bill and may hold public hearingshearings bill voted out of bill voted out of committeecommittee and sent to and sent to chamberchamber (house or senate) (house or senate) legislators debate bill, may make changes and legislators debate bill, may make changes and vote on passagevote on passage certified bill is sent to other certified bill is sent to other chamberchamber (house or senate) for (house or senate) for

considerationconsideration bill is assigned to bill is assigned to committeecommittee bill voted out of committee and sent to bill voted out of committee and sent to chamberchamber (house or senate) (house or senate) legislators debate bill, may make changes and legislators debate bill, may make changes and vote on passagevote on passage if passed in same form, bill is sent to if passed in same form, bill is sent to GovernorGovernor Governor may sign bill, veto it, or let it become a law Governor may sign bill, veto it, or let it become a law without without

signaturesignature If vetoed, the Legislature may override the veto with 2/3 vote of each If vetoed, the Legislature may override the veto with 2/3 vote of each

house, and the bill becomes a house, and the bill becomes a lawlaw

Executive Branch: Executive Branch: Governor & Lieutenant GovernorGovernor & Lieutenant Governor

Largest branch of state government

Governor is Chief Executive Officer of the stateGovernor is Chief Executive Officer of the state Elected by the people to a 4-year termElected by the people to a 4-year term

Can only serve 2 consecutive terms, but can wait and run Can only serve 2 consecutive terms, but can wait and run againagain

Qualifications (Gov. & Lt. Gov.)Qualifications (Gov. & Lt. Gov.) 30 yrs. old when taking office, citizen of the US for 30 yrs. old when taking office, citizen of the US for

15 years, resident of GA for 6 years15 years, resident of GA for 6 years

If Gov. resigns or dies, Lt. Gov. takes office until the next If Gov. resigns or dies, Lt. Gov. takes office until the next General Assembly election. A special vote is held to elect General Assembly election. A special vote is held to elect someone to replace the Gov. until the end of the termsomeone to replace the Gov. until the end of the term

Formal Powers of the Governor Formal Powers of the Governor Executive, Legislative & JudicialExecutive, Legislative & Judicial

Executive powersExecutive powers: : appoint state officials & appoint state officials & ensure criminal and civil ensure criminal and civil laws are enforcedlaws are enforced

Legislative powersLegislative powers: : sending requests & sending requests & messages to legislature, messages to legislature, sign bills into law or sign bills into law or veto, call special veto, call special sessions of legislaturesessions of legislature

Judicial powersJudicial powers: : pardons, appoint state pardons, appoint state justices to fill unexpired justices to fill unexpired termsterms

Other powers: Other powers: Manage state budgetManage state budget Direct Attorney General to Direct Attorney General to

act as a representative of act as a representative of the state in lower court the state in lower court cases involving state lawcases involving state law

Annual state of the state Annual state of the state address,address,

Prepare budget bills for Prepare budget bills for the House of the House of Representatives Representatives

Serve as Commander-in-Serve as Commander-in-Chief of the GA National Chief of the GA National GuardGuard

Head of states’ civil Head of states’ civil defense units defense units

Send GA Highway Patrol Send GA Highway Patrol and GBI into communities and GBI into communities in dangerous situationsin dangerous situations

Lieutenant Governor & Lieutenant Governor & other Elected Officialsother Elected Officials

Lieutenant GovernorLieutenant Governor Same qualifications Same qualifications

as for Governoras for Governor

Elected by popular Elected by popular vote for 4 year termvote for 4 year term

Can serve an Can serve an unlimited number of unlimited number of terms in officeterms in office

Other Elected OfficialsOther Elected Officials State Attorney GeneralState Attorney General Commissioner of Commissioner of

AgricultureAgriculture Comm. Of LaborComm. Of Labor Comm. Of InsuranceComm. Of Insurance Secretary of StateSecretary of State State School State School

Superintendent Superintendent Public Service Comm.Public Service Comm.

Judicial Branch: State CourtsJudicial Branch: State Courts Role - interpret the Role - interpret the

state Constitution, state Constitution, protect the legal rights protect the legal rights of citizens, enforce the of citizens, enforce the laws of the statelaws of the state Constitutional lawsConstitutional laws Statutory laws (laws Statutory laws (laws

passed by Gen. Assem.)passed by Gen. Assem.) Administrative laws Administrative laws

(regulations of exec. (regulations of exec. branch agencies)branch agencies)

Case laws (court Case laws (court interpretations of interpretations of written laws)written laws)

Due process of the law: Due process of the law: protects citizens from protects citizens from abuses by the abuses by the governmentgovernment Right to have an Right to have an

attorney present for attorney present for questioning after an questioning after an arrestarrest

Right to a speedy, public Right to a speedy, public trial before a fair judge trial before a fair judge and juryand jury

Right to face accusers Right to face accusers and question witnessesand question witnesses

Right to remain silent to Right to remain silent to prevent self-prevent self-incriminationincrimination

Types of CasesTypes of Cases

CivilCivil Disputes between 2 or more persons or Disputes between 2 or more persons or

groupsgroups Criminal Criminal

Cases involving violation of the law – Cases involving violation of the law – Felonies & MisdemeanorsFelonies & Misdemeanors

Felony: serious crime punishable by at least 1 Felony: serious crime punishable by at least 1 year in prison and at least a $1000 fine (murder, year in prison and at least a $1000 fine (murder, burglary)burglary)

Misdemeanor: less serious crime punishable by Misdemeanor: less serious crime punishable by less than 1 year in prison and less than $1000 less than 1 year in prison and less than $1000 finesfines

Georgia Courts Georgia Courts Georgia Supreme Court Georgia Supreme Court Highest court Highest court

7 Justices, elected to 6-year terms7 Justices, elected to 6-year terms Appellate court only (no witnesses or juries)Appellate court only (no witnesses or juries) Review cases involving constitutionality of laws, title Review cases involving constitutionality of laws, title

to land, equity, wills, habeas corpus, divorce, alimonyto land, equity, wills, habeas corpus, divorce, alimony Automatically reviews cases involving the death Automatically reviews cases involving the death

penaltypenalty Outlines code of Judicial conduct for judges, regulates Outlines code of Judicial conduct for judges, regulates

the admission of attorneys to practice law in Georgiathe admission of attorneys to practice law in Georgia

Decisions of Supreme Court are binding, Decisions of Supreme Court are binding, meaning they have final authority in matters of meaning they have final authority in matters of law at the state levellaw at the state level

Georgia CourtsGeorgia Courts Court of Appeals (2Court of Appeals (2ndnd

highest court)highest court) 12 Judges elected to 12 Judges elected to

6-year terms6-year terms Appellate court only Appellate court only

(no witnesses or (no witnesses or juries)juries)

Hear appeals from Hear appeals from lower court decisionslower court decisions

Trial Court – original Trial Court – original cases (civil & criminal)cases (civil & criminal) Superior Cts, State Cts, Superior Cts, State Cts,

Probate Cts, Juvenile Probate Cts, Juvenile Cts, Magistrate Cts, Cts, Magistrate Cts, Municipal (city) Cts, and Municipal (city) Cts, and special courtsspecial courts

Each court has a special Each court has a special jurisdiction (range of jurisdiction (range of actions over which the actions over which the court has control or court has control or influence)influence)

Juvenile court hears Juvenile court hears cases of defendants 13-cases of defendants 13-17 years of age, etc…17 years of age, etc…

Jury SystemJury System

Grand JuryGrand Jury Determines Determines

whether or not whether or not persons accused of persons accused of a crime should be a crime should be indicted (officially indicted (officially charged) and charged) and required to stand required to stand trialtrial

Trial JuryTrial Jury A group of citizens A group of citizens

who are charged who are charged with judging a with judging a person charged person charged with a crimewith a crime

Separation of Powers – State Separation of Powers – State Checks & BalancesChecks & Balances

The Executive Branch can veto bills passed by the The Executive Branch can veto bills passed by the legislative branch and can call special sessions of legislative branch and can call special sessions of the legislature. It also has some appointment the legislature. It also has some appointment powers when officers of the court resign or die.powers when officers of the court resign or die.

The Legislative Branch can impeach officials in The Legislative Branch can impeach officials in the executive or judicial branches. It can override the executive or judicial branches. It can override a governor’s veto of bills to make them into laws. a governor’s veto of bills to make them into laws. It must also confirm appointments made by the It must also confirm appointments made by the governor. It can also propose constitutional governor. It can also propose constitutional changes.changes.

The Judicial Branch determines whether or not The Judicial Branch determines whether or not laws are constitutionallaws are constitutional

Juvenile Justice SystemJuvenile Justice System Juveniles are citizens under the age of 17Juveniles are citizens under the age of 17

Required to follow all laws, but have special Required to follow all laws, but have special status under the law & must follow some laws status under the law & must follow some laws that don’t apply to adultsthat don’t apply to adults

Must attend school until age 16Must attend school until age 16 Cannot run away from homeCannot run away from home Cannot possess tobacco until 18Cannot possess tobacco until 18 Cannot possess alcohol until 21Cannot possess alcohol until 21 May not liter or break curfewMay not liter or break curfew Cannot enter bars unless accompanied by an Cannot enter bars unless accompanied by an

adultadult Must obey reasonable & lawful Must obey reasonable & lawful

instructions/commands of parent/guardianinstructions/commands of parent/guardian

Juvenile Court SystemJuvenile Court System PurposesPurposes

Help and protect the Help and protect the well-being of childrenwell-being of children

Make sure that any Make sure that any child coming under child coming under jurisdiction of the jurisdiction of the court receives the court receives the care, guidance, and care, guidance, and control neededcontrol needed

Provide care for Provide care for children who have children who have been removed from been removed from their homestheir homes

Juvenile terminologyJuvenile terminology Delinquent acts Delinquent acts – acts that – acts that

would be considered a crime if would be considered a crime if committed by an adultcommitted by an adult

Status offense Status offense – an act that – an act that wouldn’t be considered a wouldn’t be considered a crime if committed by an adultcrime if committed by an adult

Juveniles are “taken into Juveniles are “taken into custody” and not placed custody” and not placed “under arrest”“under arrest”

Unruly Juveniles Unruly Juveniles – juveniles – juveniles that commit status offensesthat commit status offenses

Deprived Juveniles Deprived Juveniles – children – children under 18, neglected/abused under 18, neglected/abused by parent/guardian or have no by parent/guardian or have no parent/guardianparent/guardian

Juvenile Process Juvenile Process (Intake)(Intake)

Juvenile is picked up (intake)Juvenile is picked up (intake) Intake officer investigates the caseIntake officer investigates the case If no probable cause (not enough evidence), If no probable cause (not enough evidence),

juvenile is releasedjuvenile is released If probable cause is foundIf probable cause is found

Officer can release juvenile to parent/guardianOfficer can release juvenile to parent/guardian Most juveniles are releasedMost juveniles are released

Officer can detain the juvenileOfficer can detain the juvenile Juveniles are detained when: there is threat of runaway, Juveniles are detained when: there is threat of runaway,

no where to go, parent/guardian unwilling to take juvenile, no where to go, parent/guardian unwilling to take juvenile, may pose a threat to self or others, who have been in may pose a threat to self or others, who have been in trouble beforetrouble before

Juvenile ProcessJuvenile Process(Detention)(Detention)

Probable cause hearing within 72 hours Probable cause hearing within 72 hours before a Juvenile Judgebefore a Juvenile Judge

Judge can Judge can Dismiss the case Dismiss the case OR go forwardOR go forward Informal adjustment where the child admits the Informal adjustment where the child admits the

wrong-doing ORwrong-doing OR Formal hearingFormal hearing

Formal witness files petitionFormal witness files petition Summons issued for appearanceSummons issued for appearance Adjudicatory hearing where judge hears caseAdjudicatory hearing where judge hears case

If not guilty, juvenile is releasedIf not guilty, juvenile is released If guilty:If guilty:

Dispositional hearing scheduledDispositional hearing scheduled Sentencing Sentencing AppealAppeal

Adult Intake & Detention ProcessAdult Intake & Detention Process ArrestArrest

Booking – official record of Booking – official record of arrestarrest

Initial appearance – Initial appearance – Magistrate gives explanation Magistrate gives explanation of charge, sets bail, provides of charge, sets bail, provides attorney if indigent (poor)attorney if indigent (poor)

Preliminary hearing – Preliminary hearing – Magistrate determines if Magistrate determines if there is probable causethere is probable cause

Grand Jury decides if there is Grand Jury decides if there is enough evidence to indict enough evidence to indict and go to trialand go to trial

Arraignment (Superior Court) Arraignment (Superior Court) – Charges are read and a – Charges are read and a plea is enteredplea is entered Plea Bargain – plead to a Plea Bargain – plead to a

lesser chargelesser charge

TrialTrial Jury selectionJury selection Opening statementsOpening statements Presentation of casePresentation of case Closing argumentsClosing arguments DeliberationDeliberation VerdictVerdict

AppealAppeal

Seven Deadly Sins Act (1994)Seven Deadly Sins Act (1994)

SB440 passed in response to an increase in SB440 passed in response to an increase in violent youth crimesviolent youth crimes

Allows state to charge youths 13-17 as adults Allows state to charge youths 13-17 as adults if they commit one of the crimes if they commit one of the crimes they are they are turned over to the Superior Court and treated turned over to the Superior Court and treated as an adultas an adult Mandatory 10-year sentencesMandatory 10-year sentences

MurderMurder Voluntary ManslaughterVoluntary Manslaughter RapeRape Aggravated SodomyAggravated Sodomy Aggravated Child MolestationAggravated Child Molestation Aggravated Sexual BatteryAggravated Sexual Battery Armed Robbery if committed with a firearmArmed Robbery if committed with a firearm

Local Governments in GeorgiaLocal Governments in Georgia 159 Counties in Georgia159 Counties in Georgia

Each has a governmentEach has a government

600 Cities in Georgia600 Cities in Georgia

Special District Governments with legal Special District Governments with legal powers and jurisdictionspowers and jurisdictions Get their powers and their right to exist Get their powers and their right to exist

from the Georgia State Constitutionfrom the Georgia State Constitution

County GovernmentsCounty Governments Counties are subdivisions of the state to Counties are subdivisions of the state to

carry out certain governmental carry out certain governmental functionsfunctions State constitution requires all county State constitution requires all county

governments be organized the same waygovernments be organized the same way Most counties are headed by elected boards of Most counties are headed by elected boards of

commissioners who can:commissioners who can: Establish county policiesEstablish county policies Adopt county ordinances (laws)Adopt county ordinances (laws) Establish county budgetEstablish county budget Establish tax ratesEstablish tax rates Provide services for the countyProvide services for the county

County Administrator> appointed by Board, serves County Administrator> appointed by Board, serves as Chief Administrative Officer who manages day-as Chief Administrative Officer who manages day-to-day operations and implements county policiesto-day operations and implements county policies

County GovernmentsCounty Governments

County seat County seat city or town city or town where the county where the county government is locatedgovernment is located Marietta is county seat of Marietta is county seat of

CobbCobb

Schools are managed by an Schools are managed by an elected school elected school superintendent and elected superintendent and elected Board of EducationBoard of Education

Services provided by county:Services provided by county: Animal ControlAnimal Control Public librariesPublic libraries Building & Planning SvcsBuilding & Planning Svcs DFACSDFACS CoronerCoroner Court SvcsCourt Svcs Environmental Health SvcsEnvironmental Health Svcs Health/Mental Health DeptHealth/Mental Health Dept Parks & Recreation SvcsParks & Recreation Svcs Road DeptRoad Dept Sheriff’s DeptSheriff’s Dept Tax AssessorTax Assessor Tax CommissionerTax Commissioner Waste SvcsWaste Svcs

Some cities & counties Some cities & counties cooperate in sharing servicescooperate in sharing services

County GovernmentsCounty Governments

County Officials County Officials most have at least most have at least the following elected officials:the following elected officials: CommissionersCommissioners Clerk of the Superior CourtClerk of the Superior Court Judge of the Probate CourtJudge of the Probate Court Tax commissionerTax commissioner SheriffSheriff CoronerCoroner

Most county officials are appointed rather Most county officials are appointed rather than electedthan elected

City Governments & City Governments & Special-Purpose DistrictsSpecial-Purpose Districts

A city with its own government is called a A city with its own government is called a municipalitymunicipality

To be a city, an area must receive a charter To be a city, an area must receive a charter from the state legislaturefrom the state legislature Must have at least 200 residentsMust have at least 200 residents Must be located at least 3 miles from the boundary Must be located at least 3 miles from the boundary

of the nearest cityof the nearest city 60% of its land must be divided into tracts or being 60% of its land must be divided into tracts or being

used for residential, business, industrial, used for residential, business, industrial, institutional or government purposesinstitutional or government purposes

A city government can only do what its A city government can only do what its charter authorizescharter authorizes

Forms of City GovernmentForms of City Government

Mayor-Council formMayor-Council form

Elected city council responsible for Elected city council responsible for making lawsmaking laws

Mayor is city’s CEO and responsible for Mayor is city’s CEO and responsible for seeing that the laws are carried out and seeing that the laws are carried out and that city’s agencies are doing their jobsthat city’s agencies are doing their jobs

Weak-Mayor SystemWeak-Mayor System Strong-Mayor SystemStrong-Mayor System

Weak-Mayor & Strong-Mayor Weak-Mayor & Strong-Mayor SystemsSystems

Weak-Mayor System Weak-Mayor System (Smyrna)(Smyrna) City council has both City council has both

legislative and legislative and executive powersexecutive powers

Mayor has limited Mayor has limited powers, appoints few powers, appoints few city officials, and has city officials, and has little veto powerlittle veto power

Mayor is a figurehead Mayor is a figurehead who presides over who presides over meetings and meetings and performs other performs other ceremonial dutiesceremonial duties

Strong-Mayor Strong-Mayor System (Atlanta)System (Atlanta) Mayor is a strong Mayor is a strong

leader who leader who proposes proposes legislation, legislation, prepares the prepares the budget, appoints all budget, appoints all department heads, department heads, and has veto powerand has veto power

Forms of City GovernmentForms of City Government

Council-Manager form (Savannah)Council-Manager form (Savannah) Voters elect a city council that establishes Voters elect a city council that establishes

laws and policieslaws and policies Mayor may be elected or named by city Mayor may be elected or named by city

councilcouncil Council hires a city manager who is Council hires a city manager who is

responsible for day-to-day operationsresponsible for day-to-day operations City Manager appoints heads of city City Manager appoints heads of city

governments and sees that they carry out their governments and sees that they carry out their jobsjobs

Forms of City GovernmentForms of City Government

Commission form (Decatur)Commission form (Decatur)

Voters elect commissionersVoters elect commissioners

Each commissioner is the head of a Each commissioner is the head of a department within the city government department within the city government such assuch as

Finance, streets, public safety, etc…Finance, streets, public safety, etc…

Mayor is elected from among themselvesMayor is elected from among themselves

Forms of City GovernmentForms of City Government

City-County GovernmentsCity-County Governments As counties become more urban, services As counties become more urban, services

provided by cities and counties may begin provided by cities and counties may begin to overlap or the need for combined to overlap or the need for combined services arises and consolidation occurs.services arises and consolidation occurs.

3 consolidated governments in Georgia3 consolidated governments in Georgia Columbus & Muscogee County (1971)Columbus & Muscogee County (1971) Athens & Clarke County (1991)Athens & Clarke County (1991) August & Richmond County (1995)August & Richmond County (1995)

Special-Purpose DistrictsSpecial-Purpose Districts Created for a single job Created for a single job

or single group of tasksor single group of tasks

Most Special-Purpose Most Special-Purpose Districts govern Districts govern themselvesthemselves School System School System Ga. Ga.

Constitution requires kids Constitution requires kids to go to school, but school to go to school, but school system can determine system can determine hours, schedules, school hours, schedules, school policies, etc… policies, etc…

Examples of SPD’sExamples of SPD’s MARTAMARTA

Run bus & rail system, Run bus & rail system, determines cost of determines cost of fares, routes, timesfares, routes, times

Public Housing AuthorityPublic Housing Authority Determines location of Determines location of

public housing, public housing, constructing & constructing & maintaining buildings, maintaining buildings, renting the units, renting the units, drawing up tenants’ drawing up tenants’ rules & regulationsrules & regulations

Community fire Community fire departments, Parks & departments, Parks & Recreations Authorities, Recreations Authorities, Airport Authority, Port Airport Authority, Port AuthorityAuthority