Courts in Georgia

In Georgia, there are three federal district courts, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.

Click a link for information about that court type.

• Federal courts
• State supreme court
• State court of appeals
• Trial courts

The image below depicts the flow of cases through Georgia's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.

The structure of Georgia's state court system.

Judicial selection process

See also: Georgia judicial elections and Judicial selection in Georgia

Selection of state court judges in Georgia occurs primarily through nonpartisan elections, though interim vacancies in the appellate and general jurisdiction courts are filled by assisted appointment.^[1] The limited jurisdiction courts vary in their selection methods, employing a mix of appointment, partisan elections and nonpartisan elections.^[2]

Judges of the Georgia Supreme Court and Georgia Court of Appeals are elected to six-year terms. Judges of the state, superior, and probate court judges are elected to four-year terms.

To read more about judicial elections in Georgia, click here.

Federal courts

The federal district courts in Georgia are the:

• United States District Court for the Northern District of Georgia
• United States District Court for the Middle District of Georgia
• United States District Court for the Southern District of Georgia

Appeals from these districts go to the U.S. Court of Appeals for the 11th Circuit.

Active judges

Northern District

The list below displays the number of active judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.

• Democrat appointed: 6
• Republican appointed: 5

Middle District

The list below displays the number of active judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.

• Democrat appointed: 2
• Republican appointed: 2

Southern District

The list below displays the number of active judges by the party of the appointing president. It does not reflect how a judge may rule on specific cases or their own political preferences.

• Democrat appointed: 0
• Republican appointed: 3

District map

Judicial selection

Judges who sit on the federal district courts are nominated by the president of the United States and confirmed by the United States Senate. These judges serve life terms. To read more about the judges on these courts, click here.

Bankruptcy courts

There are three federal bankruptcy courts in Georgia. These courts have subject-matter jurisdiction over bankruptcy cases. The federal bankruptcy courts in Georgia are:

• United States bankruptcy court, Northern District of Georgia
• United States bankruptcy court, Middle District of Georgia
• United States bankruptcy court, Southern District of Georgia

State supreme court

See also: Georgia Supreme Court

Founded in 1845, the Georgia Supreme Court is the state's court of last resort and has nine judgeships.

This 1983 Georgia Constitution gives the Georgia Supreme Court exclusive appellate jurisdiction over constitutional cases and election contest cases. The court also has general appellate jurisdiction over land title, will and equity cases, divorce and alimony cases, certified cases, death penalty cases, and writs of habeas corpus or certiorari. The court may also exercise jurisdiction over Georgia Court of Appeals cases found to be of great public importance.^[3]

The table below lists the current judges of the Georgia Supreme Court and the appointing governor.

State court of appeals

See also: Georgia Court of Appeals

The Georgia Court of Appeals is the intermediate appellate court in Georgia. It was established in 1906 and has five divisions with three judges each. According to information provided by the court's official source:

There are 15 judges on the court, which increased from 12 effective January 2016. During the 2015 legislative session, Gov. Nathan Deal (R) and legislators agreed to add another three-judge panel to the court of appeals to ease the court's caseload.^[6] The Judicial Nominating Commission received more than 200 nominations and submitted a list of 11 nominees to the governor on October 26, 2015.^[7] Judges serve six-year terms beginning on January 1 after their election. Judges who are appointed to fill vacancies serve "until January 1 of the year following the next general election which is more than six months after such person's appointment."^[8]

Trial courts

State superior court

See also: Georgia Superior Courts

The Superior Courts of Georgia have general jurisdiction over trial cases in the state, handling civil and criminal cases. The court also holds equity jurisdiction over all cases of divorce, title to land, and felonies requiring jury trials.^[9]

Probate courts

See also: Georgia Probate Courts

The Georgia Probate Courts have exclusive jurisdiction over the probate of wills, overseeing of estates, appointment of guardians, and the involuntary hospitalization of incapacitated adults, and over the issuance of firearm and marriage licenses.^[10] There is a probate court for every county in Georgia.

State courts

See also: Georgia State Courts

The State Courts of Georgia were created by predesignating certain county courts of limited jurisdiction. These courts exercise jurisdiction over all misdemeanor violations and all civil action except in cases were the Superior Courts have exclusive jurisdiction.^[10]

Magistrate courts

See also: Georgia Magistrate Courts

The Magistrate Courts of Georgia are courts that have limited jurisdiction and do not hold jury trials.

The Magistrate Courts have jurisdiction over the following:^[10]

• claims of no more than $15,000
• minor criminal offenses
• distress warrants
• county ordinance violations
• deposit account fraud
• Preliminary hearings
• arrest and search warrants

Municipal courts

See also: Georgia Municipal Courts

The Georgia Municipal Courts serve incorporated municipalities and try ordinance violations, issue criminal warrants, conduct preliminary hearings, and hear misdemeanor shoplifting and possession of marijuana cases. There are more than 380 municipal court judges in the state.^[11][12]

Juvenile courts

See also: Georgia Juvenile Courts

The Georgia Juvenile Courts have limited jurisdiction over delinquent children under the age of 17 and in special cases under the age of 18. The Juvenile Courts have concurrent jurisdiction with the Superior Courts in some cases including capital felonies, custody and child support cases, and terminating parental rights.^[12]

Business courts

See also: Georgia Business Court

The Georgia State-wide Business Court has concurrent jurisdiction with the Georgia Superior Courts over equity cases and cases involving securities, the commercial code, internal business affairs, professional malpractice resulting from a business dispute, breach of contract claims between businesses, and more as provided by law.^[13]

In other states

See also

• Judicial selection in Georgia
• Georgia judicial elections

External links

Suggest a link

• Search Google News for this topic
• Administrative Office of the Courts of Georgia, "Courts of Georgia Diagram"

Footnotes

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