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

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

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

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

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

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

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

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

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

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.

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

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

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

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 13-17 years of age, etc…

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

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

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

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

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

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

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

Seven Deadly Sins Act (1994) SB440 passed in response to an increase in violent youth crimes Allows state to charge youths 13-17 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

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

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

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

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

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

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

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

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

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

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)

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…