State Judicial State Judicial SystemSystem

Courts of the State Court Courts of the State Court SystemSystem

Municipal CourtMunicipal Court..Magistrate CourtMagistrate Court

Probate CourtProbate CourtState CourtState Court

Superior CourtSuperior CourtCourts of AppealsCourts of Appeals

State Supreme CourtsState Supreme Courts

Municipal CourtMunicipal CourtJurisdiction includes:Jurisdiction includes:

• Municipal ordinance violationsMunicipal ordinance violations• Issue criminal warrantsIssue criminal warrants• Conduct preliminary hearingsConduct preliminary hearings• May have concurrent jurisdiction May have concurrent jurisdiction

over over shoplifting casesshoplifting cases• Cases involving possession of one Cases involving possession of one

ounce or ounce or less of marijuanaless of marijuana

Magistrate CourtMagistrate CourtJurisdiction includes:Jurisdiction includes:

• Civil claims of $15,000 or lessCivil claims of $15,000 or less• Certain minor criminal offensesCertain minor criminal offenses• DDistress warrants and dispossessory istress warrants and dispossessory

writswrits• CCounty ordinance violationsounty ordinance violations• SSummonsummons• Arrest and Search warrants.Arrest and Search warrants.

Magistrates may grant bail in cases Magistrates may grant bail in cases where the setting of bail is not where the setting of bail is not exclusively reserved to a judge of exclusively reserved to a judge of another court. another court.

No jury trials are held in magistrate No jury trials are held in magistrate court. court.

Probate CourtProbate CourtHas exclusive, original jurisdiction:Has exclusive, original jurisdiction:• The probate of willsThe probate of wills• Administration of estatesAdministration of estates• Appointment of guardiansAppointment of guardians• Involuntary hospitalization of incapacitated Involuntary hospitalization of incapacitated

adults and other individuals. adults and other individuals. Georgia Probate Courts maintain:Georgia Probate Courts maintain:• Vital records including:Vital records including:• Birth certificatesBirth certificates• Marriage licensesMarriage licenses• Death certificatesDeath certificates• Issues gun permits.Issues gun permits.

Probate CourtProbate Court

State CourtState Court Established by a 1970 legislative actEstablished by a 1970 legislative act• Designated certain existing countywide Designated certain existing countywide

courts of limited jurisdiction as state courts. courts of limited jurisdiction as state courts. State courts may exercise jurisdiction over:State courts may exercise jurisdiction over:• All misdemeanor violationsAll misdemeanor violations• Including traffic casesIncluding traffic cases• All civil actionsAll civil actions• Regardless of the amount claimedRegardless of the amount claimed• Unless the superior court has exclusive Unless the superior court has exclusive

jurisdiction. jurisdiction.

State CourtState Court State courts are authorizedState courts are authorized• Hold hearings on applications for an issuance Hold hearings on applications for an issuance

of search and arrest warrantsof search and arrest warrants• Hold preliminary hearings. Hold preliminary hearings. The Georgia Constitution grants state courts The Georgia Constitution grants state courts

authority to review lower court decisions as authority to review lower court decisions as provided by statute.provided by statute.

• Traffic CourtTraffic Court

Superior CourtSuperior CourtGeorgia’s general jurisdiction trial Georgia’s general jurisdiction trial

court. court. It has exclusive, constitutional It has exclusive, constitutional

authority over:authority over:• Felony casesFelony cases• DivorceDivorce• EquityEquity• Cases regarding title to landCases regarding title to land

Superior CourtSuperior CourtThe exclusive jurisdiction of this court The exclusive jurisdiction of this court also covers such matters as:also covers such matters as:

• Declaratory judgmentsDeclaratory judgments• Habeas corpusHabeas corpus• MandamusMandamus• Quo warrantoQuo warranto• ProhibitionProhibition

Superior CourtSuperior CourtThe superior court corrects errors made by The superior court corrects errors made by lower courtslower courts

• By issuing writs of certiorariBy issuing writs of certiorari• For some lower courtsFor some lower courts• The right to direct review by the The right to direct review by the superior court applies. superior court applies.

Superior courts are organized into:Superior courts are organized into:• 10 Judicial Districts10 Judicial Districts• Comprised of 49 judicial circuits. Comprised of 49 judicial circuits.

Superior CourtSuperior CourtEach county has its own superior courtEach county has its own superior court

A judge may serve more than one county. A judge may serve more than one county.

A chief judge handles the administrative A chief judge handles the administrative tasks for each circuit.tasks for each circuit.

• Highest court with general jurisdictionHighest court with general jurisdiction

• Trial courtTrial court

Court of AppealsCourt of Appeals

Court of AppealsCourt of Appeals

State Supreme CourtState Supreme CourtState's highest courtState's highest court

• Reviews decisions made by other courts in Reviews decisions made by other courts in civil and criminal cases. civil and criminal cases.

• This court alone rules on questions This court alone rules on questions involvinginvolving

• Constitutionality of state statutesConstitutionality of state statutes• All criminal cases involving a sentence of All criminal cases involving a sentence of death, death,

• Petitions from decisions of the Court of Petitions from decisions of the Court of Appeals. Appeals.

State Supreme CourtState Supreme Court• No trials are held at the appellate levelNo trials are held at the appellate level

• Oral arguments are heard by the entire Oral arguments are heard by the entire court.court.

• Each case accepted for review by the Each case accepted for review by the Supreme CourtSupreme Court

AAssigned to one of the seven justicesssigned to one of the seven justices

• Preparation of a preliminary opinion Preparation of a preliminary opinion (decision) for circulation to all other justices. (decision) for circulation to all other justices.

State Supreme CourtState Supreme CourtThe justices reviewThe justices review

•Trial transcriptsTrial transcripts•Case recordsCase records•Accompanying legal briefs prepared by Accompanying legal briefs prepared by attorneys. attorneys.

An opinion is adopted or rejected by the An opinion is adopted or rejected by the Court after thorough discussion by all the Court after thorough discussion by all the justices in conference.justices in conference. Has the final word on matters involving state Has the final word on matters involving state lawlaw

Hear appeals fromHear appeals from•Trial courtsTrial courts•Intermediate court of appealIntermediate court of appeal