Georgia’s Judicial Branch

1. Georgia’s Judicial Branch

2. 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.

3. 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

4. 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.

5. 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.

6. 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.

7. 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

8. 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

9. 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.

10. 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)

11. 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

12. State Court • Trial courts established by legislation in 1970 • There are approximately 70 state courts • both full and part-time judges serving four-year 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

13. 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 .