Judicial selection in Georgia
| Judicial selection in Georgia | |
 | |
| Georgia Supreme Court | |
| Method: | Non-partisan election of judges |
| Term: | 6 years |
| Georgia Court of Appeals | |
| Method: | Non-partisan election of judges |
| Term: | 6 years |
| Georgia Superior Courts | |
| Method: | Non-partisan election of judges |
| Term: | 6 years |
| Georgia Probate Courts | |
| Method: | Partisan election of judges |
| Term: | 4 years |
| Georgia State Courts | |
| Method: | Non-partisan election of judges |
| Term: | 4 years |
Contents |
Supreme Court
Justices of the Georgia Supreme Court serve six year terms and are elected in non-partisan elections.
If an vacancy appears on the court, the appointment is filled via commission-selection, political appointment method of judicial selection. To retain the seat, the interim judge must run in the next general election held at least six months after the appointment. After that, they may finish out the term.
The Chief Justice is selected by the other justices of the court. She or he serves a four year term.
In order to serve on the court, one must be:
Court of Appeals
All aspects of judicial selection are the same on the Georgia Court of Appeals as on the Supreme Court, except that the Chief Judge only serves a two year term. [1]
Superior Courts
Judges of the Georgia Superior Courts participate in non-partisan elections and serve four year terms.
If an vacancy appears on the court, the appointment is filled via commission-selection, political appointment method of judicial selection. To retain the seat, the interim judge must run in the next general election held at least six months after the appointment. After that, they may finish out the term.
The selection and terms of the Chief Judges vary by circuit.
In order to serve on these courts, one must be:
- a state resident for three years:
- a resident of the circuit representing;
- admitted to practice law for at least seven years; and
- at least 30 years of age. [1]
State Courts
Judges are the Georgia State Courts are elected in countywide non-partisan elections and serve four year terms. Local legislation determines whether judges serve full or part-time. [2]
In order to serve on these courts, one must be:
- a state resident for three years:
- a resident of the county representing;
- admitted to practice law for at least seven years; and
- at least 25 years of age. [3]
Juvenile Courts
Judges of the Georgia Juvenile Courts are appointed by Superior Court judges (of the particular circuit) and serve four year terms. [4]
In order to serve on these courts, one must be:
- a state resident for three years:
- a resident of the county representing;
- admitted to practice law for at least five years; and
- at least 30 years of age. [3]
Probate Courts
Judges of the Georgia Probate Courts are elected to four year terms in countywide partisan elections. [5]
In counties with a population of less than 96,000, in order to serve these courts, one must be:
- a U.S. citizen;
- a county resident for at least two years;
- at least 25 years of age;
- a registered voter;
- a high school graduate; and
- have complete the required training courses. [3]
In counties with a population exceeding 96,000, one must:
- have practice law for at least seven years and
- be at least 30 years of age. [3]
Magistrate Courts
Selection of magistrates varies by county. Most chief magistrates are elected in countywide partisan elections and serve four year terms. In some counties, however, they are appointed. [6]
In order to serve as a magistrate, one must:
- be a county resident for at least one year;
- have a high school diploma (or equivalent); and
- be at least 25 years of age. [3]
Judicial Nominating Commission
Governor Carter was Georgia's first governor to establish a Judicial Nominating Commission by executive order. Governors following Carter followed his example. Under the current executive order, the judicial nominating commission recommends candidates for filling in vacancies on the court of appeals, the superior court, and the state court.
The judicial nominating commission is composed of eighteen members. These eighteen members are appointed by the governor and they serve at his decision. To have an appointment to the commission, it must be "made with a view toward equitable geographic representation and . . reflect the diversity of the State's citizenry."
It is the commission's job to recommend five candidates to the governor when a judicial vacancy occurs, unless, however, less than five applicants are found to be qualified. If the governor does not find any of the nominating commission's candidates suitable, he may chose a candidate not on the nominating commission's list.
History of the Court
- Amendments to the State Constitution and Acts by Legislature
In the year of 1777, judges were appointed by the assembly for an indefinite term. By 1789 the selection method was unclear, however Superior Court judges were selected for three-year terms. 1798 showed Superior Court judges being elected by the general assembly to three-year terms, whereas inferior court judges were elected for life. The year of 1812 brought the inferior court judges being elected by the people for four-year terms. Constitutional amendment in 1835 authorized the creation of the supreme court, with the judges being elected by the legislature, their terms determined by the law. Superior Court judges were then elected by the people to four year terms. The Supreme Court was created by legislature in 1845, with the judges being elected to terms of six years by the general assembly in 1865, and to twelve-year terms by the people in 1868. Superior Court judges were then elected to eight-year terms. 1877 showed the Supreme Court justices being elected by the general assembly to six year terms, with the Superior Court judges being elected to four-year terms. Supreme court justices were elected by the people in 1896 and in 1898 the Superior Court judges were also elected by the people. 1906 saw the Court of Appeals established by constitutional amendment, and the judges elected by the people to six-year terms. Governor Carter became Georgia's first governor to establish a judicial nominating commission by executive order to help with the filling in of interim vacancies on the courts. The judicial elections were made non-partisan in 1983 under the 1983 constitution,and in the year 2000 voters approved a constitutional amendment increasing the time for which judges of all the state courts must have been admitted to practice law from five years to seven.
See also
External links
References
- ↑ 1.0 1.1 1.2 American Judicature Society, Methods of Judicial Selection: Georgia
- ↑ Administrative Office of the Courts of Georgia, State Courts
- ↑ 3.0 3.1 3.2 3.3 3.4 American Judicature Society, Methods of Judicial Selection:Georgia, Limited Jurisdiction Courts
- ↑ Administrative Office of the Courts of Georgia, Juvenile Court
- ↑ Administrative Office of the Courts of Georgia, Probate Courts
- ↑ Administrative Office of the Courts of Georgia, Magistrate Court
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