NCJ Number
82158
Editor(s)
A Blum,
E Honigberg,
M L HoughCall J E
Date Published
1981
Length
32 pages
Annotation
This study examines the functions of justices of the peace (JP's) in Georgia, the revenues and expenses associated with JP services, the frequency with which JP's and other lower court judges render particular types of magisterial services, and ways in which other States have tried to improve their JP system.
Abstract
Data were gathered by means of interviews with 156 of the 385 certified JP's in Georgia and by means of a questionnaire survey of noncertified JP's. The JP systems of Delaware, West Virginia, North Carolina, and Kentucky were also examined because they have used four approaches that differ in varying degrees from Georgia's system. Findings indicated that most Georgia JP's are active. JP's handled over 200,000 criminal cases and over 110,000 civil cases in 1979. JP's generated about $2.4 million in revenues and incurred about $482,000 in expenses in 1979. They perceived their most significant functions as serving the people and resolving disputes. The four other States' JP systems for providing magisterial services ranged from the use of an improved JP system to the provision of such services by lawyer-judges. Georgia should replace all JP's, small claims, and magistrates courts with one level of courts or a single division within a court. This court or division should deal with the issuance of arrest and search warrants, small claims of less than $1,000, traffic offenses, initial appearances, bail hearings, preliminary hearings, and the adjudication of minor misdemeanors. Law enforcement officials seeking warrants should normally be required to seek the warrant from a magistrate. The chief justice of each circuit should appoint magistrates from a list of three persons submitted by the county bar association. The State should bear the salary and other expenses of these courts. Initial training of 80 hours and annual training of 20 hours is recommended for all magistrates. Additional recommendations, tables, graphs, footnotes, and appendixes presenting the data collection form and a comparison of the systems of Alabama, Delaware, Kentucky, North Carolina, and West Virginia are provided.