NCJ Number
54654
Date Published
1978
Length
23 pages
Annotation
THE UNIFIED CONCEPT OF COURT ORGANIZATION AND THE COURT STRUCTURE IN GEORGIA ARE DESCRIBED.
Abstract
BALANCE BETWEEN FAIRNESS AND EFFECTIVENESS IS ESSENTIAL IN COURT FUNCTIONING. THE UNIFIED CONCEPT OF COURT ORGANIZATION REFERS TO A SINGLE JUDICIAL STRUCTURE DIVIDED INTO TWO OR THREE LEVELS. THE HIGHEST LEVEL CONTAINS THE APPELLATE COURT, USUALLY CALLED THE SUPREME COURT, AND ONE OR TWO TRIAL COURTS. DISTRICTS SIMILAR TO CIRCUITS ARE SUBDIVISIONS OF THE UPPER TRIAL LEVEL, AND COURTS HAVE GENERAL JURISDICTION TO TRY ALL CASES. LOWER LEVEL OR LIMITED JURISDICTION TRIAL COURTS ISSUE WARRANTS, CONDUCT PRELIMINARY HEARINGS, DISPOSE OF SMALL CLAIMS, AND HANDLE COUNTY AND MUNICIPAL ORDINANCE VIOLATIONS. WITH THE UNIFIED APPROACH, BUSINESS AND PERSONAL MATTERS OF THE ENTIRE COURT SYSTEM ARE GENERALLY THE RESPONSIBILITY OF THE CHIEF JUSTICE OF THE APPELLATE COURT. A UNIFIED COURT SYSTEM OFTEN INCLUDES THE FOLLOWING: FULL-TIME JUDGES WHO ARE LICENSED TO PRACTICE LAW; JUDGES APPOINTED BY THE GOVERNOR FROM A LIST OF QUALIFIED CANDIDATES SUBMITTED BY STATE AND REGIONAL JUDICIAL NOMINATING COMMISSIONS AND SUBJECT TO PERIODIC APPROVAL OR REJECTION BY VOTERS; AND JUDGES WHO ARE SUBJECT TO DISCIPLINE, REMOVAL, OR RETIREMENT BY THE SUPREME COURT UPON THE RECOMMENDATION OF A JUDICIAL QUALIFICATIONS COMMISSION OR SIMILAR BODY. ADVANTAGES OF A UNIFIED SYSTEM ARE CENTRALIZATION, EFFECTIVE UTILIZATION OF JUDICIAL MANPOWER, AND FLEXIBILITY. APPROXIMATELY 15 STATES HAVE, WITH SOME MODIFICATION, ADOPTED A UNIFIED SYSTEM. THE COURT SYSTEM IN GEORGIA IS COMPRISED OF A SUPREME COURT, A COURT OF APPEALS, SUPERIOR COURTS, PROBATE COURTS, JUSTICES OF THE PEACE, AND NOTARIES PUBLIC EX-OFFICIO JUSTICES OF THE PEACE. ITS ORGANIZATION AND ADMINISTRATION BEAR LITTLE RESEMBLANCE TO THE UNIFIED CONCEPT. COURTS OF GENERAL JURISDICTION ARE CONCERNED WITH MANAGEMENT PRACTICES, RECORDS, PERSONNEL ADMINISTRATION, AND JUDICIAL ADMINISTRATION DISTRICTS. COURTS OF LIMITED JURISDICTION INCLUDE STATE COURTS, JUVENILE COURTS, PROBATE COURTS, JUSTICES OF THE PEACE, SMALL CLAIMS COURTS AND OTHER LOWER COUNTY-LEVEL COURTS, AND MAYOR AND POLICE COURTS. COURT-RELATED AGENCIES IN THE STATE ARE THE JUDICIAL COUNCIL AND ADMINISTRATIVE OFFICE OF THE COURTS, THE JUDICIAL NOMINATING COMMISSION, AND THE JUDICIAL QUALIFICATIONS COMMISSION. PROPOSALS TO IMPROVE THE COURT SYSTEM IN GEORGIA ARE NOTED, VARIOUS FUNCTIONS OF THE COURTS ARE DETAILED, AND ILLUSTRATIONS OF THE UNIFIED CONCEPT AND THE GEORGIA COURT SYSTEM ARE PROVIDED. FOOTNOTES ARE INCLUDED. (DEP)