Types of Courts in Georgia - Research Paper Example

Courts in Georgia Georgia has a detailed court system like the federal government or any other state. This system comprises both trial and appellate courts. Those courts that apply and use facts in limited and specific cases are referred to as Trial Courts, as they give verdict of guilty or innocent depending upon the facts of the case. The Appellate courts review the judgments of trial courts so as to ensure that they are in accordance with the statute and constitutions. In the constitution of Georgia certain rules are laid down on the operations of the courts, the selection of judges and the procedures that must be carried out (Fleischmann and Pierannunzi). Each of the courts in Georgia has a different function and purpose in the legal system. The different courts in the State of Georgia include (Dutton): Superior Court – is the General jurisdiction trial court. State Court - has the jurisdiction over all cases that require jury trial Municipal Court – is the city court having the jurisdiction over minor crimes within the city Magistrate Court – this court handles bail cases as well as civil claims, minor criminal cases and other small claims. Probate Court – these courts are county level courts having general jurisdiction pertaining to estate administration, wills, appointing guardians etc. Court of Appeals - reviews the cases both criminal and civil so as to correct any errors purportedly made by the trial court. Supreme Court – is the highest level court in Georgia. It reviews the decisions in civil and criminal cases. The details of the Georgia State Courts are as: 1. Municipal Court Municipal courts are the city courts having jurisdiction in matters of the city like traffic cases, municipal ordinance cases or other cases involving certain misdemeanor offences. The purpose of a municipal court is to provide a forum that is impartial and can provide settlement on various minor offences (Georgia Municipal Association). The Jurisdiction of municipal court includes: Traffic Offence Cases – The municipal court tries cases of traffic laws violation, both local and state, within a city. These cases are considered as misdemeanors and penalties or fines are imposed based upon the nature of offence. Misdemeanors – Certain or specific misdemeanor cases also fall under the jurisdiction of municipal courts. Misdemeanors could include shoplifting, possession of marijuana etc (Georgia Municipal Association). Municipal court judge is the presiding official in a municipal court. The staff of municipal court may include part-time, full-time or combination of both judges depending upon the caseload of the particular city. According to the state law the judge of municipal court may not be an attorney, however different municipal charters do require the judge to be a member of the Georgia Bar. Mostly the judges are appointed by the city’s governing authority however sometimes they are also elected. The conduct of the municipal judge is prescribed by Georgia Code of Judicial Conduct and is enforced by Supreme Court and the Judicial Qualifications Commission. The municipal court also requires its judges to obtain training from Municipal Training Council (Georgia Municipal Association). 2. Magistrate Court The Magistrate Court handles the bail cases and grants bail for civil and criminal cases where the bail is not exclusively reserved to a judge of another court. In the magistrate court no jury trials are held. The jurisdiction of Magistrate Court includes: Civil claims of up to $15, 00 or less Minor criminal offences Dispossessory writs and distress warrants Violation of County Ordinance Account frauds, arrest warrants etc. The presiding official in Magistrate Court is the Chief Magistrate who may be accompanied by other magistrates. 159 Chief magistrates preside in each of the Magistrate Court in Georgia. The number of magistrates that assist the Chief Magistrate in the court is decided by the majority vote by the superior court judges of the county. Mostly the Chief Magistrate is elected for a four-year term however he may also be appointed by the local legislature (Administrative office of the courts of Georgia). In order to qualify as a magistrate an individual must be residing in the county for at least one year before the term of office; must be at least twenty five years of age and must hold a college degree or a diploma. Other qualifications to qualify are imposed by the local legislation. Currently in Georgia Magistrate Courts there are 159 Chief Magistrates and 346 magistrates (Wood). 3. Probate Court Probate courts have limited or specific jurisdiction in Georgia. In each of its 159 counties there is one probate court and one probate judge. The judge of the Probate Court is elected by Constitutional County Officer for a four-year term. The system of the Probate Court is two-tier in Georgia. In the counties that have population of 96,000 or greater the probate judge has to be an attorney having same experience and age as those of the superior court judges. Whereas in counties where population is less than 96,000 there is no such requirement to be a probate judge (Self II). The jurisdiction of Probate Court includes original and exclusive command over specific categories of cases which include (Self II): Decedents’ Estates – The cases of estates of deceased persons owning property in Georgia are administered by the Probate Courts Adult Guardianship – The appointment of guardian for those unable to make rational and reasonable decisions for them fall under probate court’s jurisdiction. Minor Guardianship – The appointment of guardian for the property of minor is supervised under the probate court Involuntary Treatment – Probate Court also administers the cases of involuntary treatment. 4. Juvenile Court The Juvenile Courts have jurisdiction that is exclusive to cases such as criminal cases of children, children requiring treatment for illness or mental retardation or are deprived. The appointment of judges for the Juvenile Courts is done by the judges of Superior Court for a four-year term. The individual appointed must be of thirty years of age and must have practiced law for five years. The individual has to be resident in Georgia for at least three years. In Georgia there are 120 full time as well as part time judges serving in the Juvenile courts that hear juvenile cases only (Wood). Other than that the Juvenile Courts also handle traffic offences, cases involving employment, marriage, abortion and other cases of juvenile nature. These courts also share some jurisdiction with the Superior Courts for the crimes committed by juveniles but are of serious criminal nature such cases thus being beyond the jurisdiction of Juvenile Courts such as cases of rape, armed robbery and murder (The Guide to Georgia Court Records). 5. State Court The jurisdiction of State court is specific to certain types of criminal or civil cases. In this respect the criminal cases handled by this court include traffic offences and misdemeanor criminal case whereas the civil cases within its jurisdiction include all the civil cases which do not fall under the jurisdiction of superior courts. According to the Georgia State constitution, the State Court can review the decisions of the lower court under the statute. The judges of State Courts are elected for a four-year term in countrywide elections. The eligible candidate must be at least twenty five years of age, having lived in the state of Georgia for at least three years and must have practiced law for at least seven years (Administrative office of the courts of Georgia). 6. Superior Court The Superior Court is a trial court in Georgia handling cases of general jurisdiction. The court deals with cases of felony, equity, divorce and estate or land. Each of Georgia’s forty nine judicial circuits has at least one superior court judge. The administrative tasks of the court are handled by the Chief Judge. The Superior court reviews and corrects the errors made by lower courts by issuing writs, or by reviewing such cases directly (Administrative office of the courts of Georgia). The judges of the Superior Court are elected on an unbiased basis at elections that are circuit-wide. The judge is elected for a four-year term and in order to qualify must be at least thirty years of age, having practiced law for seven years or more and must have been a citizen of the state for at least three years (Wood).    7. Court of Appeal The Court of Appeal in Georgia is an intermediate appellate court. It has a statewide jurisdiction in handling all types of cases except those that involve constitutional questions such as murder, land disputes, divorce and other such cases which fall in the jurisdiction of Superior Courts. However the Court of Appeal can certify questions to the Supreme Court. The Court of Appeal comprises twelve judges including the Chief Judge, who is elected by the members of the court for a two-year term. The chief judge has the responsibility for court administration. The judges are elected statewide and the candidate must have practiced law for at least seven years in order to qualify as the judge for Court of Appeals (Wood). 8. Supreme Court The Supreme Court of Georgia was established as the first appellate court that came into being in 1845. The primary functions include the serving as a court of review, and being an appellate court in cases that fall under questions of constitution and ordinance (Administrative office of the courts of Georgia) . The jurisdiction of the Supreme Court includes cases related to title to land, will, equity, habeas corpus cases, cases of quo warranto and cases that were certified to court of appeals. Seven judges serve on the Supreme Court. These judges are elected for a six-year term through nonpartisan elections held statewide. In order to qualify as a Supreme Court Judge the candidate must have practices law for at least seven years (Wood). Works Cited Administrative office of the courts of Georgia. Magistrate Courts in Georgia. n.d. Web. . Courts, Administrative Office of the. "Your Guide to the Georgia Courts." (2003). Dutton, Lance. "7 main types of Courts in the Georgia System." 2012. Fleischmann, Arnold and Carol Pierannunzi. Politics in Georgia. Athens: Univeristy of Georgia Press, 2007. Georgia Municipal Association. "Structure of municipal Government - Municipal Courts." Handbook for Georgia Mayors and Council Members. Fifth Edition. n.d. Self II, William J. "Georgia Probate Courts." Probate Court of BIBB Count 2006: 1-5. "The Guide to Georgia Court Records." n.d. Courtreference.com. Web. . Wood, Gwen Y. Judicial Branch: Overview. 25 May 2004. Web. . (Courts) Read More