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| Georgia Court Records- Listed below is contact information and/or links to websites containing resources to help in a search for Georgia court records. | |||
| Georgia Court Records | |||
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The State of Georgia operates an extensive and diverse court system to deal with the many cases that arise from its population of nearly 9.4 million residents. From the Georgia Supreme Court down through the Court of Appeals and numerous other venues to the municipal courts, Georgia courtrooms process tens of thousands of cases annually. About Georgia's Supreme Court: Until Georgia’s constitution was amended in 1835, there was no appellate court in the state. Even then, it was 1845 before the Georgia Supreme Court was actually established. Prior to that date, the only way to correct judicial error in Georgia was to be granted a new trial before a new jury in the local courtroom. Cases were characterized by a lack of uniformity. In 1828, Gov. John Forsyth, later U.S. secretary of state under presidents Andrew Jackson and Martin Van Buren, commented: “(Then) eight judges of the Superior Court, each confined to the circuit for which he was elected, supreme in his authority, not bound by the decisions of his predecessors or contemporaries and not always by his own, while these will be in their turn disregarded by his successor, there can neither be uniformity nor certainty in the laws for the security of the rights of persons or property. … Property is held and recovered in one part and lost in another part of the state under like circumstances. Rights are asserted and maintained in one circuit and denied in another, in analogous cases.” Establishing the Georgia Supreme Court created the sort of appellate court needed to ensure uniformity and fairness in the law statewide. Skeptics suggested that within 10 years of its creation, the court would have heard and determined any questions or disputes of law and have made itself obsolete, but clearly the nature of law and life continue to change and the Georgia Supreme Court remains vital to the state to this day. The 1983 Georgia Constitution provides that the Supreme Court shall be a court of review and shall exercise exclusive appellate jurisdiction in all cases involving the construction of a treaty, disputes regarding the constitutionality of a law or ordinance, all election disputes. The court has general appellate jurisdiction over cases involving land titles, equity cases, wills, all habeas corpus cases, cases involving extraordinary remedies, divorce and alimony disputes, cases certified to it by the Court of Appeals and all cases in which a death penalty has been or could be imposed. Also, the Supreme Court may answer any question of law from any state or federal appellate court and review by certiorari cases of the Court of Appeals which are deemed to be of considerable gravity or great public importance. The seven justices of the Georgia Supreme Court are elected by the state’s voters, as is the chief justice, who at present is Leah Ward Sears. In addition to links that take a computer user to the court’s opinions, the Supreme Court’s Web site includes a docket search feature, contact information, directions to the court, and a list of frequently asked questions. Court of Appeals of Georgia: The Georgia Court of Appeals was established by amending the Georgia constitution in 1906. Under the new constitution in 1983, the court was declared a court of review; it exercises appellate and certiorari jurisdiction in all cases not reserved for the Supreme Court. The court is located at 47 Trinity Ave. in Atlanta. It seats 12 judges in divisions of three judges each for hearing and determining cases. Should one of the three judges dissent, then the case is heard by the full court. Judges are elected to six-year terms on the court by the state’s voters, but the chief judge, presently Anne Elizabeth Barnes, is chosen by vote of the judges themselves. A docket search feature and the court’s rules are among the features of the Georgia Court of Appeals Web site. Georgia Superior Courts: Georgia’s superior courts are trial courts of general jurisdiction. They have exclusive jurisdiction over trials in felony cases except where the offenders are juveniles as provided by law. They also have jurisdiction over cases involving titles to land, divorces and equity cases, and maintain some appellate jurisdiction over lower courts. The court also holds exclusive jurisdiction over declaratory judgments, habeas corpus, mandamus, quo warranto and prohibition. The state’s superior courts are organized into 10 judicial districts, comprised of 49 judicial circuits. Each county has its own superior court, though a judge may serve more than one county. A chief judge handles the administrative tasks for each circuit. Superior court judges are elected to four-year terms via nonpartisan, circuit-wide races. About Georgia State Courts Despite their name, Georgia’s state courts are courts of countywide jurisdiction, except for one court that encompasses two counties. There are 87 such state courts with uniform jurisdiction as provided by law. The state courts were established by a 1970 legislative act designating certain existing countywide courts of limited jurisdiction as “state courts.” These courts exercise jurisdiction over all misdemeanor violations, including traffic cases, and all civil actions regardless of amount claimed, unless the superior court has exclusive jurisdiction on the topic. State courts also are authorized to hold hearings on applications for issuance of search and arrest warrants, and the courts are empowered to hold preliminary hearings in criminal matters. The state constitution also grants state courts the authority to review some lower court decisions. The Georgia General Assembly creates state courts by local legislation, which also establishes the number of judges in the court and whether those positions are full- or part-time. State court judges are elected to four-year terms in nonpartisan, countywide elections. State court judges maintain their own Web site as one of the functions of the Council of State Court Judges. Georgia's Juvenile Courts Each Georgia county has its own juvenile court. The purpose of these courts is to “protect the well-being of children, provide guidance and control conducive to child welfare and the best interests of the state, and secure care for children removed from their homes.” The court’s exclusive, original jurisdiction extends to delinquent children under the age of 17 and “deprived or unruly children” under the age of 18. Juvenile courts have concurrent jurisdiction with superior courts in cases involving capital felonies, custody and child support cases, and proceedings to terminate parental rights. The superior courts have original jurisdiction over those juveniles who commit certain serious felonies, while the juvenile court has jurisdiction over minors committing traffic offenses, enlisting in the military, seeking consent to marry, and cases involving the Interstate Compact on Juveniles. Juvenile court judges are appointed by the circuit’s superior court judge to serve terms of four years. Georgia Probate Courts Georgia’s probate courts, formerly called “courts of ordinary,” exercise exclusive, original jurisdiction in the probate of wills, administration of estates, appointment of guardians and involuntary hospitalization of incapacitated adults and other individuals. Each county has a probate court with one probate judge who administers oaths of office to public officials, and issues marriage licenses. Probate judges may hold habeas corpus hearings or preside over preliminary hearings on criminal matters. Unless a jury trial is requested, probate court judges may also hear certain misdemeanors, traffic cases and violations of state game and fish laws in counties where there is no state court to hear such matters. When authorized to do so by local statute, the probate judges serve as election supervisors and make appointments to certain public offices. In counties with populations greater than 96,000, a party to a civil case may request a jury trial in probate court via written demand filed with their first pleading. Appeals from such civil cases may be to the Supreme Court or the Court of Appeals, depending on the particular matter. Most probate court judges are elected to four-year terms in countywide, partisan elections. Georgia Magistrate Courts Under Georgia’s 1983 constitution, justice of the peace courts, small claims courts and one county court became magistrate courts. These courts maintain uniform jurisdiction as provided by law to cases including contracts and personal property damage, injury, or conversion cases where the amount involved does not exceed set amounts. In criminal cases they may issue warrants and sit as courts of inquiry, binding the accused over to a higher court or discharging him. They also may administer oaths, take affidavits and perform marriages. Magistrate court judges are elected to four-year terms by the voters of their respective counties.
About Georgia's Other Courts: Some 400 local courts also are part of the Georgia legal system. These special courts and courts serving incorporated municipalities operate under various names and with varying jurisdictions and duties. Courts of incorporated municipalities try cases of municipal ordinance violations, issue criminal warrants, conduct preliminary hearings, and might have concurrent jurisdiction over shoplifting case and cases involving possession of one ounce or less of marijuana. Qualifications to be selected and serve as a municipal judge can vary and are set by local legislation. |
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| GA Court Web Sites | |||
Cherokee County Magistrate Court Liberty County Clerk of Courts Gwinnett Judicial Circuit, Lawrenceville Augusta Judicial Circuit Court - Serving Columbia, Richmond and Burke Counties Jasper County Magistrate Court - Electronic Court Website United States District Court - Southern District of Georgia United States District Court - Middle District of Georgia United States District Court - Northern District of Georgia United States Bankruptcy Court - Middle District of Georgia United States Bankruptcy Court - Northern District of Georgia United States Bankruptcy Court - Southern District of Georgia Court of Appeals of The State of Georgia - Calendar, Docket/Case Search and Opinions. Georgia Administrative Office of the Courts - Court Services, General Counsel and Research and Planning. |
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| County Courthouses throughout GA, with Address and Phone Numbers | |||
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