Georgia and the American Experience Chapter 15: Government of the Empire State Part 3 Study Presentation ©2005 Clairmont Press

Georgia and the American Experience The Judicial Branch of State Government The Judicial Branch of State Government ©2005 Clairmont Press

Section 3: The Judicial Branch of State Government ESSENTIAL QUESTION –How to Georgia’s courts differed from the legislative and executive agencies?

Section 3: The Judicial Branch of State Government Some of the words do I need to know… –felony –misdemeanor –Supreme Court –court of appeals –trial courts –jurisdiction –grand jury –trial jury

Judicial Branch made up of state’s courtsstate’s courts purpose: –interpret state constitution –protect legal rights of citizens –enforce laws of the state civil cases: disputes between citizens criminal cases: involve violation of laws felony: serious crime with severe punishments allowed misdemeanor: less serious crime with smaller punishments Capital felony- a crime punishable by death

Judicial Branch Due process of law: courts make sure that everyone is protected from abuse by the government by making sure that all rights and procedures written in our Constitution and laws are followed by the government to ensure we all obtain fair treatment under the law.

Georgia Courts Trial Courts: hears original criminal and civil cases examples: magistrate, juvenile, state, superior, probate, municipal (city court / traffic) Jurisdiction: the area over which legal authority extends

What is a serious crime like Grand Theft Auto called? A felony What is a lesser offense such a assault known as? Misdemeanor

Jury System a trial by one’s peers indictgrand jury: determines if enough evidence exists to indict (officially charge) a person trial jury: citizens whose duty is to determine guilt or innocence of a person charged with a crime

Trial Courts of Limited Jurisdiction

Magistrate Court county courts amounts of $15,000 or less.Magistrate courts are county courts that issue warrants, hear minor criminal offenses and civil claims involving amounts of $15,000 or less. A chief magistrate is either elected or appointed in each county as determined by local legislation; other magistrates may be appointed by the chief magistrate. first resortMagistrate court is the court of first resort for many civil disputes including: county ordinance violations, dispositions landlord/tenant cases, and bad checks.

Magistrate Court In criminal matters magistrates hold preliminary hearings; issue search warrants to law enforcement and also warrants for the arrest of a particular person. In some criminal matters magistrates are authorized to set bail for defendants. No jury trialsNo jury trials are held in magistrate court. often argued by the partiesCivil cases are often argued by the parties themselves, rather than by attorneys.

Probate Court each county.Original jurisdiction in the probate of wills and administration of decedents' estates is designated to the probate court of each county. Probate judges are also authorized to order involuntary hospitalization of an incapacitated adult or other individual, and to appoint a legal guardian to handle the affairs of certain specified individuals. Probate courts issue marriage licenses and licenses to carry firearms. In counties where no state court exists, probate judges may hear traffic violations, certain misdemeanors, and citations involving the state game and fish laws.

Juvenile Court Juvenile courts handle all cases involving deprived and neglected children under 18, or delinquent and unruly offenses committed by children under 17 years of age; and traffic violations committed by juveniles. The juvenile courts also hear cases involving consent to marriage for minors, enlistment of minors in the military, and procedures for return of a runaway child who is taken into custody in another state. concurrent jurisdiction with superior courts in child custody and child supportJuvenile courts have concurrent jurisdiction with superior courts in child custody and child support matters arising from divorces cases, and in proceedings to terminate parental rights.

Juvenile Court commit certain serious violent felonies resides in the superior courts.Original jurisdiction over juveniles who commit certain serious violent felonies resides in the superior courts. four-year terms of officeJuvenile court judges are appointed by agreement of the superior court judges of the circuit to four-year terms of office.

State Court within one county.State courts exercise limited jurisdiction within one county. misdemeanors including traffic violationsThese judges hear misdemeanors including traffic violations, issue search and arrest warrants, hold preliminary hearings in criminal cases, and try civil matters not reserved exclusively for the superior courts. A state court is established by local legislation introduced in the General Assembly.

State Court judges are elected to four-yearState court judges are elected to four-year terms in county-wide nonpartisan elections. Certain vacancies in state court are filled by appointment of the Governor.

Magistrate, juvenile, state, superior, probate, municipal are all example of what? Trial Courts: hears original criminal and civil cases The type of case the a court can hear, or the geographical boundaries in which it is found is known as the courts what? Jurisdiction

Municipal Court handle traffic offenses, local ordinance violations, conduct preliminary hearings, issue warrantsCities and towns in Georgia establish municipal courts to handle traffic offenses, local ordinance violations, conduct preliminary hearings, issue warrants. may hear misdemeanorIn some instances they may hear misdemeanor shoplifting and possession of marijuana cases. often appointed by the mayor,Municipal court judges are often appointed by the mayor, some are elected. There are more than 350 municipal courts operating in Georgia.

What type of court hears original cases, both civil and criminal, and uses a jury and witnesses? Trial court What is an example of a subject a criminal Court might hear? Armed robbery What is an example of a subject a civil Court might hear? A divorce, a business contract dispute, An auto accident

Superior Court The superior court exercises broad civil and criminal jurisdiction. preside over all felony trials, have exclusive jurisdiction over divorcesSuperior court judges preside over all felony trials, have exclusive jurisdiction over divorces and may correct errors made by limited jurisdiction courts. The forty-nine superior court circuits in Georgia are made up of one or more countiesThe forty-nine superior court circuits in Georgia are made up of one or more counties; each circuit has a chief superior court judge and other judges as authorized by the General Assembly.

Superior Court elected to four-year termsSuperior court judges are constitutional officers who are elected to four-year terms in circuit- wide nonpartisan elections. Certain vacancies that occur in superior court are filled by appointment of the Governor. 30 years of age practiced for seven yearsresident for three yearsA candidate for superior court judge must be at least 30 years of age, a lawyer who has practiced for seven years, and a resident of the state for three years.

What judges are often appointed by the mayor? Municipal court What is the state’s highest Trial court? Superior Court

Courts of Review

Supreme Court of Georgia state's highest courtThe Supreme Court, the state's highest court, reviews decisions made by other courts in civil and criminal cases. constitutionality of state statutes sentence of deathThis court alone rules on questions involving the constitutionality of state statutes, all criminal cases involving a sentence of death, and petitions from decisions of the Court of Appeals. No trials the entire court.No trials are held at the appellate level; oral arguments are heard by the entire court. Each case accepted for review by the Supreme Court is assigned to one of the seven justices for preparation of a preliminary opinion (decision) for circulation to all other justices.

Supreme Court of Georgia The justices review trial transcripts, case records and the accompanying legal briefs prepared by attorneys. An opinion is adopted or rejected by the Court after thorough discussion by all the justices in conference. The Chief Justice and the Presiding Justice serve as officers of the court for two-year terms. The Chief Justice presides at official sessions of the Supreme Court and conferences of the justices. The Supreme Court is assigned oversight of the legal profession and the judiciary, as well as other designated duties.

Georgia Courts State Supreme Court is state’s highest courtSupreme Court 7 justices elected by popular vote to six-year term Chief Justice is chosen by the other justices Appellate Court which reviews cases from lower courts NO witnesses and juries ***State Supreme Court*** Automatically Reviews death penalty cases

Court of Appeals of Georgia court of first reviewThe Court of Appeals is the court of first review for many civil and criminal cases decided in the trial courts. not to alter jury verdicts or the outcome of bench trials.The purpose of such a review is to correct legal errors or errors of law made at the trial level, not to alter jury verdicts or the outcome of bench trials. twelve judges four panelsThe Court of Appeals has twelve judges who are assigned to one of four panels made up of three judges each.

Court of Appeals of Georgia Once a case is assigned to a panel, the judges review the trial transcript, relevant portions of the record, and briefs submitted by the attorneys for the parties. Panels also hear oral arguments in a small number of cases. Panel decisions are final unless one judge dissents.Panel decisions are final unless one judge dissents. If necessary, a case may be reviewed by the full court.If necessary, a case may be reviewed by the full court.

How many justices are on the State Supreme court? Seven justices How are these justices selected and how long is their term? Selected by popular vote for a 6 year term

What is the highest ranking court In Georgia? The State Supreme Court What is the state’s highest Trial court? Superior Court