The Court System in Georgia

In Georgia, as in other states, there are two distinct court systems: state courts and federal courts.

These courts have separate jurisdictions, structures, and roles in the justice system.

Here’s an overview of how they differ and what types of cases they handle.

1. Jurisdiction

State Courts in Georgia

State courts have jurisdiction over matters that arise under Georgia state law.

This includes:

• • Criminal offenses violating state law (e.g., DUIs, theft, assault).
  • Civil disputes under state law (e.g., personal injury, family law, landlord-tenant issues).
  • Traffic violations and other municipal offenses.

Examples of cases in Georgia state courts:

• • Divorce or child custody disputes.
  • Violations of Georgia criminal statutes.
  • Contract disputes governed by Georgia law.

Federal Courts in Georgia

Federal courts have jurisdiction over matters involving federal law, the U.S. Constitution, disputes between states, or cases involving diverse parties (people from different states) when the amount in controversy exceeds $75,000.

Common cases include:

• • Federal criminal offenses (e.g., drug trafficking, immigration violations).
  • Civil rights claims (e.g., discrimination under federal laws like the ADA or Title VII).
  • Bankruptcy cases.
  • Cases involving federal agencies (e.g., Social Security or IRS disputes).
  • Intellectual property disputes (e.g., copyright or patent cases).

2. Structure

State Court System in Georgia

Includes trial courts, intermediate appellate courts, and a supreme court:

• • Trial Courts (e.g., Superior Courts, State Courts, Probate Courts).
  • Georgia Court of Appeals (reviews decisions from trial courts).
  • Supreme Court of Georgia (the highest court in the state).

Federal Court System in Georgia

Georgia is divided into three federal districts:

• • Northern District (based in Atlanta, covering areas like Gainesville and Rome).
  • Middle District (based in Macon, covering areas like Columbus and Valdosta).
  • Southern District (based in Savannah, covering areas like Augusta and Brunswick).

Each district includes:

• District Courts (trial courts for federal cases).
• Bankruptcy Courts (handle all bankruptcy filings in Georgia).
• Cases can be appealed to the Eleventh Circuit Court of Appeals and ultimately to the U.S. Supreme Court.

3. Judges

State Court Judges

• Judges in Georgia’s state courts are typically elected by voters.
• They handle cases based on Georgia laws.

Federal Court Judges

• Federal judges are appointed by the President of the United States and confirmed by the Senate.
• They serve lifetime appointments to maintain independence.

4. Criminal Cases

State Criminal Cases

• Prosecuted by local district attorneys.
• Examples: DUI, robbery, assault, and other crimes defined under Georgia law.

Federal Criminal Cases

• Prosecuted by U.S. Attorneys.
• Examples: Terrorism, federal drug trafficking, tax evasion, wire fraud.

5. Civil Cases

State Civil Cases

• Governed by Georgia laws.
• Examples: Personal injury lawsuits, breach of contract, family law disputes.

Federal Civil Cases

• • Governed by federal statutes or involved parties from different states.
  • Examples: Class action lawsuits and constitutional rights violations. 

6. Appeals

• State Cases: Appeals go to the Georgia Court of Appeals or directly to the Georgia Supreme Court if constitutional issues are involved.
• Federal Cases: Appeals go to the Eleventh Circuit Court of Appeals and potentially to the U.S. Supreme Court.

Levels of Courts in Georgia

1. Trial Courts

Trial courts are the first level of the judicial process, where cases are initially filed, heard, and decided.

In Georgia, trial courts are further divided into several types based on the nature of the case:

Superior Courts

• • Handles serious criminal cases, major civil disputes, family law cases (divorce, custody), and felony trials.
  • Has exclusive jurisdiction over land disputes and equity cases.
  • Operates in each of Georgia’s 159 counties.

State Courts

• • Handles misdemeanor cases, traffic violations, and civil cases not reserved for superior courts.
  • Found in many, but not all, counties.

Magistrate Courts

• • Handles small claims (up to $15,000), landlord-tenant disputes, and minor criminal offenses like issuing warrants.
  • Often called “people’s court” for its accessibility.

Probate Courts

• • Manages wills, estates, guardianships, and marriage licenses.
  • Handles some mental health and firearm licensing matters.

Juvenile Courts

• • Deals with cases involving minors under the age of 18, including delinquency, dependency, and child custody matters.

Municipal Courts

• • Handles violations of local ordinances, minor criminal offenses, and traffic violations within city limits.

Municipal Court

Municipal Courts in Georgia are local courts that handle specific legal matters within the boundaries of a city or municipality.

They play an essential role in Georgia’s judicial system by addressing cases involving local ordinances and minor offenses.

1. Jurisdiction of Municipal Courts

Municipal courts in Georgia have limited jurisdiction. They primarily handle:

Traffic Violations:

• Speeding tickets.
• Driving without a license or insurance.
• DUI cases (in some jurisdictions).

Local Ordinance Violations:

• Noise complaints.
• Property code violations.
• Animal control issues.

Misdemeanors:

• Simple assault or theft under a certain dollar amount.
• Possession of marijuana (less than one ounce) in some jurisdictions.

Preliminary Hearings:

• • Issuing warrants.
  • Conducting initial appearances for individuals accused of crimes before transferring the case to higher courts (e.g., State or Superior Court).

2. Structure and Judges

Judges:

• • Municipal court judges are either appointed or elected, depending on the city’s regulations.
  • They must be licensed attorneys and meet Georgia’s judicial requirements.

Court Personnel:

• • Municipal courts often include clerks, bailiffs, and other administrative staff to manage court operations.

3. Common Functions

Municipal courts handle a wide variety of functions, including:

1. Traffic Tickets:
   • The majority of cases involve traffic violations. Drivers can contest tickets, request payment plans, or negotiate reduced fines.
2. Arraignments:
   • Defendants accused of minor crimes appear for their arraignments to plead guilty, not guilty, or no contest.
3. Ordinance Violations:
   • Enforcing municipal regulations (e.g., zoning violations, parking infractions).
4. Issuing Warrants:
   • Judges have the authority to issue arrest and search warrants.
5. Bond Hearings:
   • Judges may set bond amounts for misdemeanor offenses.

4. Appeals Process

If a person is dissatisfied with a decision made in a municipal court, they can appeal to the State Court or Superior Court in the county where the municipal court is located.

Appeals must usually be filed within 30 days of the decision.

5. Limitations of Municipal Courts

• Cannot Handle Felonies: Cases involving serious crimes (e.g., murder, armed robbery) are outside their jurisdiction.
• Limited Civil Case Authority: Municipal courts generally do not handle civil cases except for specific municipal code issues.
• Fine Limits: Fines imposed for violations are typically capped by city ordinances.

6. Examples of Municipal Courts in Georgia

Atlanta Municipal Court:

• • Handles cases related to the city of Atlanta, such as traffic violations and minor offenses.

Savannah Municipal Court:

• • Focuses on misdemeanor cases and ordinance violations within Savannah.

Macon-Bibb Municipal Court:

• • Serves the Macon-Bibb County area with similar jurisdiction.

Why Municipal Courts Matter

Municipal courts provide accessible, localized justice for minor offenses.

They are vital for:

• Ensuring that local laws and ordinances are enforced. 
• Resolving traffic and ordinance-related disputes quickly. 
• Reducing the caseload on higher courts by addressing minor issues efficiently.

If you’re facing a legal issue in a municipal court, consulting with one of our experienced attorneys familiar with Georgia municipal laws can be helpful, especially for cases involving DUI, contested traffic violations, or other misdemeanors.

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