1. Georgia Government
Legislative, Executive, and Judicial Branch & the Juvenile Justice System

2. Legislative Branch: General Assembly
Senate
Confirms appointments the Governor makes to executive offices
House of Representatives
Write appropriation (spending) bills
Propose & Pass Bills
Both houses must approve bills before they’re sent to the Governor’s office

3. General Assembly Requirements Members House & Senate members must be:
Citizens of the US
Citizen of Ga. For 2 years
Legal resident of their district for at least 1 year
Senate: 25 years old
House: 21 years old
Members
House: 180 members
Senate: 56 members
Elected to 2-year terms with no limit to number of terms

4. Meetings/Sessions 40-day session Lt. Governor presides over Senate
Begins 2nd Monday in January through March
Lt. Governor presides over Senate
Does not have a vote
Speaker of the House elected by House members
Has a vote when there is a tie
Both appoint committees & chairpersons and assigns bills to committees

5. Legislation
General Assembly can pass laws on any matter not denied it by the U.S. Constitution
It can amend state laws or do away with them, pass legislation on taxes, education, contracts, real & personal property
Public Legislation

6. Legislative Committee System
Other special committees
Organized for special tasks and lasts until work is completed
Interim Comm.  works on assigned issues & concerns between legislative sessions
Conference Comm.  appointed when the House and Senate pass different versions of a bill
3 Senators & 3 Reps attempt to create 1 bill that both houses will pass
Joint Comm.  made up of members of both houses and works on an assigned topic or issue
General Assembly members can serve on multiple committees.
Chairpersons determine meeting times & the order in which bills will be discussed and voted on
Standing committees
Permanent committees lasting from one session to the next
Ways & Means, Appropriations, Judiciary Committees

7. How a bill becomes a law proposal submitted to clerk
copies of bill given to legislators (house or senate)
bill assigned to committee
committee considers bill and may hold public hearings
bill voted out of committee and sent to chamber (house or senate)
legislators debate bill, may make changes and vote on passage
certified bill is sent to other chamber (house or senate) for consideration
bill is assigned to committee
if passed in same form, bill is sent to Governor
Governor may sign bill, veto it, or let it become a law without signature
If vetoed, the Legislature may override the veto with 2/3 vote of each house, and the bill becomes a law

8. Executive Branch: Governor & Lieutenant Governor
Largest branch of state government
Governor is Chief Executive Officer of the state
Elected by the people to a 4-year term
Can only serve 2 consecutive terms, but can wait and run again
Qualifications (Gov. & Lt. Gov.)
30 yrs. old when taking office, citizen of the US for 15 years, resident of GA for 6 years
If Gov. resigns or dies, Lt. Gov. takes office until the next General Assembly election. A special vote is held to elect someone to replace the Gov. until the end of the term

9. Formal Powers of the Governor Executive, Legislative & Judicial
Executive powers: appoint state officials & ensure criminal and civil laws are enforced
Legislative powers: sending requests & messages to legislature, sign bills into law or veto, call special sessions of legislature
Judicial powers: pardons, appoint state justices to fill unexpired terms
Other powers:
Manage state budget
Direct Attorney General to act as a representative of the state in lower court cases involving state law
Annual state of the state address,
Prepare budget bills for the House of Representatives
Serve as Commander-in-Chief of the GA National Guard
Head of states’ civil defense units
Send GA Highway Patrol and GBI into communities in dangerous situations

10. Lieutenant Governor & other Elected Officials
Same qualifications as for Governor
Elected by popular vote for 4 year term
Can serve an unlimited number of terms in office
Other Elected Officials
State Attorney General
Commissioner of Agriculture
Comm. Of Labor
Comm. Of Insurance
Secretary of State
State School Superintendent
Public Service Comm.

11. Judicial Branch: State Courts
Role - interpret the state Constitution, protect the legal rights of citizens, enforce the laws of the state
Constitutional laws
Statutory laws (laws passed by Gen. Assem.)
Administrative laws (regulations of exec. branch agencies)
Case laws (court interpretations of written laws)
Due process of the law: protects citizens from abuses by the government
Right to have an attorney present for questioning after an arrest
Right to a speedy, public trial before a fair judge and jury
Right to face accusers and question witnesses
Right to remain silent to prevent self-incrimination

12. Types of Cases Civil Criminal
Disputes between 2 or more persons or groups
Criminal
Cases involving violation of the law – Felonies & Misdemeanors
Felony: serious crime punishable by at least 1 year in prison and at least a $1000 fine (murder, burglary)
Misdemeanor: less serious crime punishable by less than 1 year in prison and less than $1000 fines

13. Georgia Courts Georgia Supreme Court  Highest court
7 Justices, elected to 6-year terms
Appellate court only (no witnesses or juries)
Review cases involving constitutionality of laws, title to land, equity, wills, habeas corpus, divorce, alimony
Automatically reviews cases involving the death penalty
Outlines code of Judicial conduct for judges, regulates the admission of attorneys to practice law in Georgia
Decisions of Supreme Court are binding, meaning they have final authority in matters of law at the state level

14. Georgia Courts Court of Appeals (2nd highest court)
12 Judges elected to 6-year terms
Appellate court only (no witnesses or juries)
Hear appeals from lower court decisions
Trial Court – original cases (civil & criminal)
Superior Cts, State Cts, Probate Cts, Juvenile Cts, Magistrate Cts, Municipal (city) Cts, and special courts
Each court has a special jurisdiction (range of actions over which the court has control or influence)
Juvenile court hears cases of defendants years of age, etc…

15. Jury System Grand Jury Trial Jury
Determines whether or not persons accused of a crime should be indicted (officially charged) and required to stand trial
Trial Jury
A group of citizens who are charged with judging a person charged with a crime

16. Separation of Powers – State Checks & Balances
The Executive Branch can veto bills passed by the legislative branch and can call special sessions of the legislature. It also has some appointment powers when officers of the court resign or die.
The Legislative Branch can impeach officials in the executive or judicial branches. It can override a governor’s veto of bills to make them into laws. It must also confirm appointments made by the governor. It can also propose constitutional changes.
The Judicial Branch determines whether or not laws are constitutional

17. Juvenile Justice System
Juveniles are citizens under the age of 17
Required to follow all laws, but have special status under the law & must follow some laws that don’t apply to adults
Must attend school until age 16
Cannot run away from home
Cannot possess tobacco until 18
Cannot possess alcohol until 21
May not liter or break curfew
Cannot enter bars unless accompanied by an adult
Must obey reasonable & lawful instructions/commands of parent/guardian

18. Juvenile Court System Purposes Juvenile terminology
Help and protect the well-being of children
Make sure that any child coming under jurisdiction of the court receives the care, guidance, and control needed
Provide care for children who have been removed from their homes
Juvenile terminology
Delinquent acts – acts that would be considered a crime if committed by an adult
Status offense – an act that wouldn’t be considered a crime if committed by an adult
Juveniles are “taken into custody” and not placed “under arrest”
Unruly Juveniles – juveniles that commit status offenses
Deprived Juveniles – children under 18, neglected/abused by parent/guardian or have no parent/guardian

19. Juvenile Process (Intake)
Juvenile is picked up (intake)
Intake officer investigates the case
If no probable cause (not enough evidence), juvenile is released
If probable cause is found
Officer can release juvenile to parent/guardian
Most juveniles are released
Officer can detain the juvenile
Juveniles are detained when: there is threat of runaway, no where to go, parent/guardian unwilling to take juvenile, may pose a threat to self or others, who have been in trouble before

20. Juvenile Process (Detention)
Probable cause hearing within 72 hours before a Juvenile Judge
Judge can
Dismiss the case
OR go forward
Informal adjustment where the child admits the wrong-doing OR
Formal hearing
Formal witness files petition
Summons issued for appearance
Adjudicatory hearing where judge hears case
If not guilty, juvenile is released
If guilty:
Dispositional hearing scheduled
Sentencing
Appeal

21. Adult Intake & Detention Process
Arraignment (Superior Court) – Charges are read and a plea is entered
Plea Bargain – plead to a lesser charge
Trial
Jury selection
Opening statements
Presentation of case
Closing arguments
Deliberation
Verdict
Appeal
Arrest
Booking – official record of arrest
Initial appearance – Magistrate gives explanation of charge, sets bail, provides attorney if indigent (poor)
Preliminary hearing – Magistrate determines if there is probable cause
Grand Jury decides if there is enough evidence to indict and go to trial

22. Seven Deadly Sins Act (1994)
SB440 passed in response to an increase in violent youth crimes
Allows state to charge youths as adults if they commit one of the crimes  they are turned over to the Superior Court and treated as an adult
Mandatory 10-year sentences
Murder
Voluntary Manslaughter
Rape
Aggravated Sodomy
Aggravated Child Molestation
Aggravated Sexual Battery
Armed Robbery if committed with a firearm

23. Local Governments in Georgia
159 Counties in Georgia
Each has a government
600 Cities in Georgia
Special District Governments with legal powers and jurisdictions
Get their powers and their right to exist from the Georgia State Constitution

24. County Governments
Counties are subdivisions of the state to carry out certain governmental functions
State constitution requires all county governments be organized the same way
Most counties are headed by elected boards of commissioners who can:
Establish county policies
Adopt county ordinances (laws)
Establish county budget
Establish tax rates
Provide services for the county
County Administrator> appointed by Board, serves as Chief Administrative Officer who manages day-to-day operations and implements county policies

25. County Governments Services provided by county:
County seat  city or town where the county government is located
Marietta is county seat of Cobb
Schools are managed by an elected school superintendent and elected Board of Education
Services provided by county:
Animal Control
Public libraries
Building & Planning Svcs
DFACS
Coroner
Court Svcs
Environmental Health Svcs
Health/Mental Health Dept
Parks & Recreation Svcs
Road Dept
Sheriff’s Dept
Tax Assessor
Tax Commissioner
Waste Svcs
Some cities & counties cooperate in sharing services

26. County Governments
County Officials  most have at least the following elected officials:
Commissioners
Clerk of the Superior Court
Judge of the Probate Court
Tax commissioner
Sheriff
Coroner
Most county officials are appointed rather than elected

27. City Governments & Special-Purpose Districts
A city with its own government is called a municipality
To be a city, an area must receive a charter from the state legislature
Must have at least 200 residents
Must be located at least 3 miles from the boundary of the nearest city
60% of its land must be divided into tracts or being used for residential, business, industrial, institutional or government purposes
A city government can only do what its charter authorizes

28. Forms of City Government
Mayor-Council form
Elected city council responsible for making laws
Mayor is city’s CEO and responsible for seeing that the laws are carried out and that city’s agencies are doing their jobs
Weak-Mayor System
Strong-Mayor System

29. Weak-Mayor & Strong-Mayor Systems
Weak-Mayor System (Smyrna)
City council has both legislative and executive powers
Mayor has limited powers, appoints few city officials, and has little veto power
Mayor is a figurehead who presides over meetings and performs other ceremonial duties
Strong-Mayor System (Atlanta)
Mayor is a strong leader who proposes legislation, prepares the budget, appoints all department heads, and has veto power

30. Forms of City Government
Council-Manager form (Savannah)
Voters elect a city council that establishes laws and policies
Mayor may be elected or named by city council
Council hires a city manager who is responsible for day-to-day operations
City Manager appoints heads of city governments and sees that they carry out their jobs

31. Forms of City Government
Commission form (Decatur)
Voters elect commissioners
Each commissioner is the head of a department within the city government such as
Finance, streets, public safety, etc…
Mayor is elected from among themselves

32. Forms of City Government
City-County Governments
As counties become more urban, services provided by cities and counties may begin to overlap or the need for combined services arises and consolidation occurs.
3 consolidated governments in Georgia
Columbus & Muscogee County (1971)
Athens & Clarke County (1991)
August & Richmond County (1995)

33. Special-Purpose Districts
Examples of SPD’s
MARTA
Run bus & rail system, determines cost of fares, routes, times
Public Housing Authority
Determines location of public housing, constructing & maintaining buildings, renting the units, drawing up tenants’ rules & regulations
Community fire departments, Parks & Recreations Authorities, Airport Authority, Port Authority
Created for a single job or single group of tasks
Most Special-Purpose Districts govern themselves
School System  Ga. Constitution requires kids to go to school, but school system can determine hours, schedules, school policies, etc…