Georgia Constitution Art. VI Judicial Branch

Georgia Constitution – Article VI: Judicial Branch

Overview:

Article VI of the Georgia State Constitution establishes and regulates the Judicial Branch of the state government. It outlines the structure, jurisdiction, powers, and responsibilities of courts, judges, and related judicial officers in Georgia.

🔷 Section-by-Section Summary of Article VI

§ I – Judicial Power

Judicial power is vested in a unified judicial system, including:

Supreme Court

Court of Appeals

Superior Courts

State Courts

Juvenile Courts

Probate Courts

Magistrate Courts

Municipal Courts (as authorized)

The General Assembly may create other courts by general law.

§ II – Supreme Court

The Supreme Court is the highest court in Georgia.

Composed of nine justices, including a Chief Justice and Presiding Justice.

Jurisdiction includes:

Constitutional questions

Election contests

Death penalty review

Title to land

Equity cases

Writs (e.g., mandamus, prohibition)

Questions of great public importance

Has appellate jurisdiction only (no trials).

Has rule-making authority over the court system.

§ III – Court of Appeals

Reviews appeals from lower courts, except those under the Supreme Court’s exclusive jurisdiction.

Has statewide appellate jurisdiction in all other cases.

Composed of at least 12 judges, divided into panels.

Created to reduce the workload of the Supreme Court.

§ IV – Superior Courts

Serve as the general jurisdiction trial courts.

One or more superior court judges per judicial circuit (currently 50 circuits).

Jurisdiction includes:

Civil and criminal cases

Divorce

Felony trials

Land title issues

Equity

Judges are elected for 4-year terms.

§ V – Other Trial Courts

Covers various lower trial courts:

State Courts – limited jurisdiction in misdemeanors, traffic, and civil matters.

Juvenile Courts – cases involving minors.

Probate Courts – wills, estates, and guardianships.

Magistrate Courts – small claims, minor criminal offenses, issuing warrants.

Municipal Courts – city ordinance and traffic cases (as created by local law).

§ VI – Judicial Qualifications Commission

An independent commission that:

Investigates complaints against judges

Can issue disciplinary actions, recommend removal or retirement

Ensures judicial accountability and ethics.

§ VII – Selection, Training, and Discipline of Judges

Judges of Supreme Court and Court of Appeals are elected statewide, nonpartisan.

Other judges are elected within their circuits/counties, also nonpartisan.

General Assembly sets qualifications, terms, and disciplinary procedures.

All judges must complete continuing legal education (CLE).

§ VIII – District Attorneys

Each judicial circuit has a District Attorney (DA).

DAs prosecute criminal cases in superior courts.

Elected for 4-year terms.

Must meet qualifications as set by law.

Key Features of Georgia’s Judicial Branch (Article VI):

AreaSummary
Top CourtSupreme Court of Georgia (9 justices)
Appellate CourtCourt of Appeals (at least 12 judges)
Trial CourtsSuperior, State, Juvenile, Probate, Magistrate, and Municipal Courts
Judge ElectionsNonpartisan, by popular vote
Judicial OversightJudicial Qualifications Commission
ProsecutorsElected District Attorneys in each judicial circuit

 

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