What Are the Two Appellate Courts in Georgia
In criminal cases, the Supreme Court of Georgia hears all appeals from higher courts in cases where the death penalty has been or may be imposed; The Court of Appeal hears all appeals in cases of armed robbery, rape and kidnapping if the death penalty has not been imposed. Therefore, when the Court of Appeal hears appeals from higher courts in criminal cases, almost all of these cases are non-capital crimes. On the other hand, all criminal appeals brought by state courts before the Court of Appeal concern administrative offences. According to the 1983 Constitution of Georgia, the State judiciary consists of seven levels or classes of courts. The Georgian judicial system. The Council of the Judiciary is the judicial authority at the state level responsible for formulating policies for the administration and improvement of the courts. The Council is composed of twenty-four representatives of the courts of appeal and adjudication. The President and the President of the Supreme Court act as President and Vice-President respectively. The list of members of the Council shall be completed by the President of the Council and another judge of the Court of Appeal; presidents and elected presidents of higher councils, state councils and juvenile courts, inheritance and district courts; and the ten district administrative judges of the Supreme Court. Courts in Georgia include the state judicial system and the federal judicial system. The state judicial system consists of courts of first instance and courts of appeal.
Magistrates` courts include the superior court system at the top, followed by state courts, civil courts, probate courts, trial courts, juvenile courts, county courts, and district courts. Funding for judges` salaries and operating costs at the appeals level comes from government revenues. State and district finances share funding for the higher courts. Courts with limited jurisdiction are funded exclusively by district governments. About 400 local courts are also part of the Georgian judicial system. Incorporated community courts hear violations of municipal ordinances, issue punitive orders, hold preliminary hearings, and may have concurrent jurisdiction over shoplifting and drug cases involving possession of an ounce or less of marijuana. The qualifications of judges and the term of office of district courts are determined by local legislation. According to article VI, section V, the Court of Appeal shall consist of at least nine judges who shall elect a President from among themselves.
Judges may sit in tripartite chambers, and the court exercises its jurisdiction to appeal in all cases that are not reserved to the Supreme Court of Georgia or transferred by law to other courts. Moreover, the decisions of the Court of Appeal, insofar as they are not contrary to those of the Supreme Court, are binding on all Georgian courts except the Supreme Court. The Court of Appeal may refer a question back to the Supreme Court for trial; in addition, in the event of a parity distribution of the judges of the Court of Appeal, the case is immediately referred to the Supreme Court. County-wide courts with limited jurisdiction. Where they exist, these courts deal with administrative offences. There are 122 judges in 70 courts. The jurisdiction of the juvenile courts extends to delinquent children under seventeen years of age and disadvantaged children under eighteen years of age. Juvenile courts compete with higher courts in cases involving capital crimes, custody and child support, and proceedings to terminate parental rights. In addition, juvenile courts are competent for minors who commit traffic offences and for other cases of special consent (minors serving in the military or seeking a marriage certificate).
The Supreme Court has jurisdiction over minors who commit certain violent crimes, including murder, intentional homicide, rape and other sexual offences, and armed robbery when committed with a firearm. Do not conduct jury trials or potentially handle a range of cases, including civil claims under $15,000, violations of county ordinances, account fraud, and preliminary hearings. Judges can also review and sign arrest warrants. There are 159 courts of first instance with 354 magistrates.