Justice System: Georgia
The Judicial Branch of state government consists of courts of limited, general and appellate jurisdiction.
Courts of limited jurisdiction generally hear less serious cases. In this category are: (1) magistrate courts, which issue search warrants, try violations of county ordinances and hear civil suits under $15,000; (2) probate courts, which probate wills, administer estates and in some counties handle traffic cases; (3) state courts of counties, which hear civil cases and misdemeanor criminal cases and (4) juvenile courts, which hear cases involving youths under seventeen.
The basic trial court with general jurisdiction for hearing cases involving state law is the superior court. Here, any civil or criminal case may be tried and all felonies must be tried. The legislature has divided Georgia into forty-eight superior court circuits, with each circuit containing from one to eight counties and served by one or more judges.
Georgia’s two major courts of appellate jurisdiction are the Court of Appeals and the Supreme Court. These courts do not try cases, but hear appeals from lower courts.
Overview of GA Court System
• Magistrate Court
• Probate Court
• Juvenile Court
• State Court
• Superior Court
• Court of Appeals
• Supreme Court
Overview of Attorney General
Thurbert Baker, Attorney General (Democrat)
- Appointed in 1997 by Gov. Zell Miller (D)
- Elected in 1998
- Reelected in 2002 and 2006
- Up for reelection in 2010
- ILR presented Baker with its 2006 Legal Reform Individual Achievement Award both for his efforts to build bridges between the state attorneys general and the business community as president of NAAG, and for his accomplishments as a legal reform leader in Georgia.
Contingency Fees and the Attorney General
Georgia law expressly authorizes that state’s attorney general to “select and employ private counsel,” but does not explicitly restrict or prohibit the use of contingency fee contracts. The attorney general’s authority to employ outside counsel is exclusive. However, the governor has the power to direct the Department of Law to institute and prosecute matters in the name of the state. The statute stops short of requiring the governor to approve the selection of outside counsel.
(Taken from Bounty Hunters On The Prowl: The Troubling Alliance Of State
Attorneys General and Plaintiffs’ Lawyers; by John Beisner, Jessica Davidson Miller, and Terrell McSweeny; May 26, 2005)
Supreme Court Justice System
The Georgia Constitution was amended in 1896 to provide for the addition of three justices to the Court and to provide that justices and the chief justice would be elected by the people. A seventh justice was added by the Constitution of 1945 and since that time the composition of the Court has remained the same. (A History of the Court)
Current Judges
Chief Justice Carol W. Hunstein
• Appointed to the Supreme Court by Gov. Zell Miller (D) in 1992
• Elected in 1992
• Reelected in 2000 and 2006
• Appointed Chief Justice in 2009
Presiding Justice George H. Carley
• Appointed to the Supreme Court by Gov. Zell Miller (D) in 1993
• Elected in 1994
• Reelected in 2000 and 2006
• Term expires in 2012
Justice Robert Benham
• Appointed to the Supreme Court by Gov. Joe F. Harris (D) in 1989
• Elected in 1990
• Reelected in 1996, 2002, and 2008
• Term expires in 2014
Justice Hugh P. Thompson
• Appointed to the Supreme Court by Gov. Zell Miller (D) in 1994
• Elected in 1994
• Reelected in 2000 and 2006
• Term expires in 2012
Justice P. Harris Hines
• Appointed to the Supreme Court by Gov. Zell Miller (D) in 1995
• Elected in 1996
• Reelected in 2002 and 2008
• Term expires in 2014
Justice Harold Melton
• Appointed to the Supreme Court by Gov. Sonny Perdue (R) in 2005
• Elected in 2006
• Term expires in 2012
Justice David E. Nahmias
• Appointed to the Supreme Court in 2009 by Gov. Sonny Perdue (R)
• Term expires 2015
