Overview of Georgia Court System

COURT SYSTEM
OVERVIEW
Tracy O’Connell
Ellis, Painter, Ratterree & Adams LLP
tracyoconnellforjudge@gmail.com
www.tracyoconnellforjudge.com
1
Dual Court
System of
the U.S.
Judiciary
2
Georgia’s
Court
System
3
Supreme
Court of
Georgia
Jurisdiction
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
Constitution of the State of Georgia, Art. 6, § 6, ¶ 2 - 5
4
Court of
Appeals
Jurisdiction
5
“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
Chatham
County
Courthouse
6
Courts Within Chatham County
7
State 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
O.C.G.A. § 15-7-4
Magistrate
Court
Civil Cases up to $15,000.00
Dispossessory Proceedings (Landlord/Tenant)
Applications for Arrest and/or Search Warrants
Preliminary Criminal Hearings
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
Recorders Court
10
Probate
Court
11
Juvenile Court
12
SUPERIOR
COURT -
JURISDICTION
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.”
Constitution of the State of Georgia, Art 6, § 3, ¶ 1
SUPERIOR
COURT -
JURISDICTION
Highest Court in the County
Criminal (Felonies)
Civil
Family Law – Divorce, Custody, Legitimation
Equity
Title to Land
Appeals from Lower courts
O.C.G.A. § 15-6-8
14
SUPERIOR COURT – COMPOSITION
(Six Judges)
15
16
SUPERIOR COURT
JUDGE -
QUALIFICATIONS
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
O.C.G.A. §15-6-4
DIVISIONS IN
THE
SUPERIOR
COURT
17
Drug Court
Mental Health Court
Veterans Court
Major Crimes
O.C.G.A. § 15-1-15, 16 and 17
SUPERIOR
COURT -
ACTIVITIES
18
APPEALS
Scope – errors of law and
determination that judgment below
was sustained by substantial evidence
Magistrate Court
Probate Court
Workers’ Compensation
19
Questions
20
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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.

  • Georgia courts
  • dual court system
  • Chatham County Courthouse
  • Supreme Court
  • Court of Appeals

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  1. COURT SYSTEM OVERVIEW 1 Tracy O Connell Ellis, Painter, Ratterree & Adams LLP tracyoconnellforjudge@gmail.com www.tracyoconnellforjudge.com

  2. 2 Dual Court System of the U.S. Judiciary

  3. 3 Georgia s Court System

  4. 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. 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. 6 Chatham County Courthouse

  7. 7 Courts Within Chatham County Superior Court State Court Magistrate Court Recorders Court Probate Court Juvenile Court

  8. 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

  9. 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. 10 Recorders Court Code/Ordinance Violations Traffic Citations

  11. 11 Estate Administration Guardianship Adults and Minors Probate Court Marriage Licenses Pistol Permits O.C.G.A. 15-9-30

  12. 12 Juvenile Court

  13. 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

  14. 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

  15. 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. 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. 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. 18 JURY TRIALS SUPERIOR COURT - ACTIVITIES BENCH TRIALS MOTION HEARINGS RULINGS/ORDERS DISCOVERY AND PRETRIAL MATTERS

  19. Scope errors of law and determination that judgment below was sustained by substantial evidence APPEALS Magistrate Court Probate Court Workers Compensation 19

  20. 20 Questions

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