Judicial BranchSierra Hamilton

Judicial Powers in Georgia

• 2 types of appellate courts – Ga Supreme and Court of Appeals

• 5 types of trial courts– Superior, state, juvenile, magistrate, probate

• Approximately 400 municipal and or special courts- operate at local levels

Appellate Courts

• Higher level of court • If the lawyer feels the judge made a mistake in

the law they may take the case to the Appellate Court level

Georgia Supreme Court

• Cases are assigned in rotation• Cases involve death penalty, questions

certified to it by the Court of Appeals or federal court

• Procedures –all cases dealt with MUST have been heard by lower court, questions certified by the Court of Appeals or federal court or defined by the state constitution and statue

Georgia Supreme Court (cont.)

• Practice law for at least 7 years• Terms begin in January, April, and September• Must have rendered a decision within two

terms or after hearing or receiving the case on it docket

• The court has about 2,000 cases per year• 7 members of the Ga Supreme Court

Court of Appeals

• Cases involve civil claims for damage, child custody, workers’ compensation and other administrative law cases, criminal cases other than capital felonies

• Cases are heard by panels consisting of three judges

• Panel decisions are final unless a judge dissents

Trial courts

• There are five types• Superior, state, juvenile, probate and

magistrate

Superior Trial Court

• Handles felony cases, divorce, equity, and cases pertaining land

• Sessions held in each county twice a year• Elected on a nonpartisan basis• Each term is four years• Must be thirty years old, live in Georgia for

three years and have practiced law for seven years

State Trial Court

• Handles misdemeanors : traffic violation and some adjudicate civil actions

• Hold hearings on applications for and issuance of search and arrest warrants

• Also holds preliminary hearings• Elected in four-year terms in nonpartisan,

countywide elections• Must be twenty-five, practiced law for seven

years and lived in Georgia for three years

Juvenile Trial Court

• Handles delinquent children under 17 and deprived children under 18- also involves capital felonies, custody and child support cases, and terminating parental rights

• Has jurisdictions over traffic crimes committed and other special consent cases - has jurisdiction over juveniles who commit violent felonies, rape and armed robbery if committed with a firearm.

• Appointed by the superior court – terms are four years• Must be at least thirty, practiced law for five years, and

lived in Georgia for three years.

Probate Trial Courts• Handles probation of wills, administration of estates, appointment

of guardians, involuntary hospitalization of mentally incapacitated adults, administers oaths and issue marriage licenses – also handles some misdemeanors and violations of state game including fish

• Supervises the printing of election ballots and counting votes – in some counties, have jurisdiction over traffic and compulsory school attendance laws

• They may hold habeas corpus hearings or preside over criminal preliminary hearings

• Only one probate judge, each term is four years, must be at least twenty-five, graduated high school, and lived in the county for two years

Magistrate Trial Courts

• Handles civil claim of $15,000 or less, dispossessory writs, county ordinance violations, bad checks, preliminary hearings, issuance of summons, arrest and search warrants

• Four year terms – must have lived in county for one year, be twenty-five, and has a high school diploma

• Chief magistrate of each county assigns cases, schedules court sessions, and appoints other magistrates

• 159 chief magistrates and 346 magistrates in Georgia

Works Cited

• Surrency, Erwin. "Supreme Court of Georgia." New Georgia Encyclopedia. 05 March 2013. Web. 17 March 2014.

• Wood, Gwen Y. "Judicial Branch: Overview." New Georgia Encyclopedia. 01 October 2013. Web. 10 April 2014.