Overview of Georgia Court System
Detailed exploration of the Georgia court system, including the dual court system in the U.S., Supreme Court of Georgia jurisdiction, Court of Appeals jurisdiction, Chatham County Courthouse, and various courts within Chatham County. It covers civil and criminal cases handled by different courts, jurisdictional details, and types of cases heard by each court.
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COURT SYSTEM OVERVIEW 1 Tracy O Connell Ellis, Painter, Ratterree & Adams LLP tracyoconnellforjudge@gmail.com www.tracyoconnellforjudge.com
2 Dual Court System of the U.S. Judiciary
3 Georgia s Court System
Title to Land Equity Cases Cases involving Wills Habeas Corpus Cases Cases involving Extraordinary Remedies Divorce and Alimony Cases Certified by the Court of Appeals Cases with a Sentence of Death or Could Have such Sentence Construction of Constitution or Treaty Constitutionality of a Law or Ordinance Certified Questions from Other Courts Supreme Court of Georgia Jurisdiction Constitution of the State of Georgia, Art. 6, 6, 2 - 5 4
5 Court of Appeals Jurisdiction The Court of Appeals shall be a court of review and shall exercise appellate and certiorari jurisdiction in all cases not reserved to the Supreme Court or conferred on other courts by law. Constitution of the State of Georgia, Art. 6, 5, 3
6 Chatham County Courthouse
7 Courts Within Chatham County Superior Court State Court Magistrate Court Recorders Court Probate Court Juvenile Court
8 Criminal Cases Misdemeanor Offenses, Traffic Offenses from Recorders Court or Municipalities Civil Cases Concurrent with Superior Court with no monetary limit Appeals from Magistrate Court Applications for Issuance of Search and Arrest Warrants Holdings from Courts of Inquiry Contempt with fines less than $1,000 and jail less than 20 days State Court O.C.G.A. 15-7-4
Civil Cases up to $15,000.00 Dispossessory Proceedings (Landlord/Tenant) Applications for Arrest and/or Search Warrants Preliminary Criminal Hearings Magistrate Court Applications for Peace Bonds Contempt with fine of less than $200 and jail less than 10 days O.C.G.A. 15-10-2 9
10 Recorders Court Code/Ordinance Violations Traffic Citations
11 Estate Administration Guardianship Adults and Minors Probate Court Marriage Licenses Pistol Permits O.C.G.A. 15-9-30
12 Juvenile Court
13 The superior courts shall have jurisdiction in all cases, except as otherwise provided in this Constitution. They shall have exclusive jurisdiction over trials in felony cases, except in the case of juvenile offenders as provided by law; in cases respecting title to land; in divorce cases; and in equity cases. The superior courts shall have such appellate jurisdiction, either alone or by circuit or district, as may be provided by law. SUPERIOR COURT - JURISDICTION Constitution of the State of Georgia, Art 6, 3, 1
Highest Court in the County Criminal (Felonies) Civil SUPERIOR COURT - JURISDICTION Family Law Divorce, Custody, Legitimation Equity Title to Land Appeals from Lower courts O.C.G.A. 15-6-8 14
Honorable Penny Haas Freesemann, Chief Judge Honarable John E. Morse, Jr. Honorable James F. Bass, Jr. Honorable Louisa Abbott Senior Judges Honorable Michael Karpf and Honorable Perry Brannen Honorable Timothy Walmsley Honorable Benjamin W. Karpf SUPERIOR COURT COMPOSITION (Six Judges) 15
16 SUPERIOR COURT 30 Years of Age Citizen of Georgia for 3 years Practiced Law for 7 years Member in Good Standing with the State Bar of Georgia JUDGE - QUALIFICATIONS O.C.G.A. 15-6-4
17 Drug Court Mental Health Court Veterans Court DIVISIONS IN THE SUPERIOR COURT Major Crimes O.C.G.A. 15-1-15, 16 and 17
18 JURY TRIALS SUPERIOR COURT - ACTIVITIES BENCH TRIALS MOTION HEARINGS RULINGS/ORDERS DISCOVERY AND PRETRIAL MATTERS
Scope errors of law and determination that judgment below was sustained by substantial evidence APPEALS Magistrate Court Probate Court Workers Compensation 19
20 Questions
