Georgias Judicial Branch Georgias Judicial Branch The states

Georgia’s Judicial Branch

Georgia’s Judicial Branch • The state’s highest appellate jurisdiction court • It is a court of review (Court for correction of errors of law – Not a trial court) • Reviews decisions made by lower courts and determines whether the decisions were correct or incorrect under law • Referred to as “Appellate” – which means that it has jurisdiction to hear appeals and review or reverse decisions of lower courts.

Georgia’s Judicial Branch • The Supreme Court of Georgia has exclusive appellate jurisdiction, or legal authority, over specific cases involving the construction of a treaty or of the Georgia or U. S. Constitution, the constitutionality of the law, ordinance, or constitutional provision; and election contests

Georgia’s Judicial Branch • Jurisdiction over such cases as those involving titles to land, wills, habeas corpus (a writ issued to bring somebody who has been detained into court) • Divorce • All cases certified to it by the court of appeals • All cases in which a death sentence was or could be imposed • Can answer questions of law from any state or federal appellate court • Can review cases being heard in the court of appeals that are of great public importance.

Georgia’s Judicial Branch • The opinion is either adopted or rejected by a majority of the justices. • Judges formulate an opinion about a case and present the opinion to the entire panel of justices for discussion. • The opinion is either adopted or rejected by a majority of the justices.

Supreme Court Justices • Georgia has 7 Supreme Court Justices • Elected to six-year terms in statewide, nonpartisan elections • The chief judge is elected through peer vote and can serve for two years as the chief judge. • Candidates for Supreme Court justice must be Georgia State residents and have been practicing law for a minimum of seven years. • Justices can be reelected.

Court of Appeals • Second Highest Court in Georgia • Appellate jurisdiction in the state • Like Supreme Court, it is a court of review and has constitutional jurisdiction, or legal authority, over appeals from – Superior court – State court – Juvenile court • In which the exclusive right to hear is not held by the Supreme Court

Court of Appeals Hears cases including Civil claims for damages Child custody Workers’ compensation Other administrative law cases All criminal cases other than capital felonies (serious crimes such as murder) • This court can also pass legal questions on to the Supreme Court for review and opinion • • •

Court of Appeals • Cases are heard by a panel of three judges • Panel decisions are final unless a judge dissents, in which case the full court is convened. • If the judges are equally divided, the case is transferred to the Supreme Court • There are 12 courts of appeal judges • They are elected to six-year terms • Elected state-wide, non-partisan elections • Judges can be reelected to office. • Must be Georgia state residents and have been admitted to practice law for a minimum of seven years.

Superior Court • Georgia’s general jurisdiction trial court • A judge, and sometimes a jury, hears witnesses’ testimony and other evidence • Superior courts have constitutional authority over cases such as • Felony • Divorce • Land title cases • Superior courts have exclusive jurisdiction in issues such as declaratory judgments • Habeas corpus (requires a person under arrest to be brought before a judge)

Superior Courts • Superior Courts correct errors of inferior courts through writs of certiorari, which force inferior courts to submit records from a case for review • There are 188 Superior court Judges in Georgia • 48 districts • Each district has its own superior court judge who is elected to serve a four year term – Non-partisan, circuit-wide elections • Candidates must be 30 years old • A Resident of Georgia for 3 years • Admitted to practice law for 7 years

State Court • Trial courts established by legislation in 1970 • There approximately 70 state courts • both full and part-time judges serving fouryear terms • Elected in non-partisan, county wide elections • Candidates must be 25 years or over • A State resident for three years • Have been practicing law for seven years

Juvenile Court • Juvenile courts exist in each country and are charged with the important task of providing for the well-being of children • Juvenile courts exercise exclusive jurisdiction in cases involving delinquent and unruly children under the age of 17 • Deprived children under the age of 18 • Have concurrent jurisdiction with superior courts involving noncapital offenses, custody, child support, and termination of parental rights.