Supreme Court of Georgia (U.S. state)

Last updated
Supreme Court of Georgia
Seal of the Supreme Court of Georgia.gif
Supreme Court of Georgia (U.S. state)
Established1845
Location Atlanta, Georgia
Composition methodNon-partisan statewide election
Authorized by Georgia Constitution
Appeals to Supreme Court of the United States
Number of positions9
Website Official website
Chief Justice
Currently Michael P. Boggs
SinceJuly 18, 2022
Lead position endsJuly 17, 2026
The Supreme Court of Georgia is located at the Nathan Deal Judicial Center in Atlanta The Supreme Court of Georgia is located at the Nathan Deal Judicial Center in Atlanta.jpg
The Supreme Court of Georgia is located at the Nathan Deal Judicial Center in Atlanta

The Supreme Court of Georgia is the highest judicial authority of the U.S. state of Georgia. The court was established in 1845 as a three-member panel, increased in number to six, then to seven in 1945, and finally to nine in 2017. [1] Since 1896, the justices have been elected by the people of the state. The justices are currently elected in statewide non-partisan elections for six-year terms, with any vacancies filled through an appointment by the Governor. [2] [3]

Contents

The first Chief Justice of the Court was Joseph Henry Lumpkin, who was appointed to that position in 1863. Under the current Constitution of Georgia, the Chief Justice is designated as "the chief presiding and administrative officer of the court," and is elected by the justices. [4] The justices also elect a Presiding Justice to serve if the Chief Justice is absent or is disqualified. [4] As of 2022, the chief justice of the court is Michael P. Boggs, and the Presiding Justice is Nels S. D. Peterson. Both justices were sworn into their respective positions on July 18, 2022. [5]

History

Georgia was established as a state under the federal Constitution in 1788. In the state's early days the justice system was set up so that matters of law were settled at a local level with no appellate courts. In 1799, the Judiciary Act stated that the judges of Georgia would meet annually and discuss any laws or rules that may have or would cause argument among the state. This allowed much of the laws and rules to be somewhat uniform across the state. [6] This did not last long, however, as the General Assembly (state legislature) repealed that procedure in 1801, referring any arguments then-outstanding back to each county for decision by the local presiding judge. [6]

From then, the judges of the superior courts (the general trial courts) began conferring informally on difficult points of law. When a group of superior court judges declared an act of the legislature unconstitutional, however, the legislature in 1815 disapproved even of this practice. [6]

At that point, with no way of ensuring superior court decisions would be uniform throughout the state, several successive governors from the 1820s to 1840s urged the creation of a supreme court. [6] In 1828, Governor John Forsyth complained that the then-eight superior court judges were not bound by precedent from either their predecessors not from a higher court. As a result, there was neither "uniformity nor certainty in the laws for the security of the rights of persons or property. The confusion produced by contemporary contradictory decisions, everyday increases – property is held and recovered in one part, and lost in another part of the state under like circumstances – rights are asserted and maintained in one circuit, and denied in another, in analogous cases." [6]

The state Constitution was finally amended in 1835 to authorize the establishment of a supreme court, but the court itself was not established by legislative act until 1845. The original court consisted of three justices: Joseph Henry Lumpkin as the presiding justice, Hiram Warner, and Eugenius A. Nisbet. Their salaries were $2,500 a year. The court held its first session in Talbotton, Georgia, on January 26, 1846, and held sessions by "riding circuit," that is, holding court at several locations throughout the superior court circuits of the state, traveling at their own expense. [6]

Subsequent state constitutions and amendments have modified the composition and practice of the court. The 1865 Constitution, following the American Civil War, ended the practice of circuit-riding by providing that the court would sit in the state capital (today, Atlanta). An 1896 constitutional amendment expanded the court by three justices and provided for popular election of the justices. A seventh justice was added by an amendment in 1945. The current state constitution authorizes up to nine justices, and the eighth and ninth seats were created by the Appellate Jurisdiction Reform Act in 2016. [6]

The Judicial building which housed the Supreme Court of Georgia from 1954 until 2019. The Judicial building which housed the Supreme Court of Georgia.jpg
The Judicial building which housed the Supreme Court of Georgia from 1954 until 2019.

The supreme court was originally housed in room 341 on the third floor of the Georgia State Capitol. In 1954 it moved to room 606 on the sixth floor of the Judicial Building across the street. [7] On Dec. 6, 2019, the supreme court moved into the Nathan Deal Judicial Center at 330 Capitol Ave. S.E. [8] The seven-story, 215,000-square-foot judicial center is the most expensive state-funded building in Georgia history, costing $130 million to build in 2019. It is named after former governor Nathan Deal. [9]

Justices

Current justices

JusticeBornJoinedChief JusticeTerm ends [lower-alpha 1] Appointed byLaw school
Michael P. Boggs , Chief JusticeDecember 28, 1962 (age 61)January 1, 20172022–present2030 Nathan Deal (R) Mercer
Nels S. D. Peterson , Presiding JusticeSeptember 17, 1978 (age 45)January 1, 20172030 Nathan Deal (R) Harvard
Sarah Hawkins Warren 1981or1982(age 41–42)September 17, 20182026 Nathan Deal (R) Duke
Charlie Bethel March 3, 1976 (age 48)October 2, 20182026 Nathan Deal (R) Georgia
John J. Ellington October 26, 1960 (age 63)December 19, 20182030 [lower-alpha 2] Georgia
Carla Wong McMillian May 27, 1973 (age 51)April 10, 20202028 Brian Kemp (R)Georgia
Shawn Ellen LaGrua 1962 (age 6162)January 7, 20212028 Brian Kemp (R) Georgia State
Verda Colvin 1964or1965(age 59)July 29, 20212028 Brian Kemp (R)Georgia
Andrew Pinson 1985or1986(age 37–38)July 20, 20222030 Brian Kemp (R)Georgia

Chief Justices

NameYear appointedEnd term
Joseph Henry Lumpkin 18631867
Hiram B. Warner 1867, 18721868,1880
Joseph E. Brown 18681870
O. A. Lochrane18711872
James Jackson 18801887
Logan Edwin Bleckley 18871894
Thomas J. Simmons 18941905
W. H. Fish19051923
Richard Russell Sr. 19231938
Charles S. Reid19381943
R. C. Bell 19431946
William Franklin Jenkins 19461948
William Henry Duckworth 19481969
Bond Almand19691972
Carlton Mobley 19721974
Benning M. Grice19741975
Horace Elmo Nichols 19751980
Hiram K. Undercofler19801980
Robert H. Jordan 19801982
Harold N. Hill, Jr.19821986
Thomas O. Marshall19861989
Charles L. Weltner 19901992
Harold G. Clarke 19901994
Willis B. Hunt, Jr. 19941995
Robert Benham 19952001
Norman S. Fletcher 20012005
Leah Ward Sears 20052009
Carol W. Hunstein 20092012
George H. Carley 20122012
Carol W. Hunstein 20122013
Hugh P. Thompson 20132016
P. Harris Hines 20172018
Harold Melton 2018 [10] [11] 2021
David Nahmias 20212022
Michael P. Boggs 2022present

Jurisdiction

The Supreme Court of Georgia has the right and authority over every case that involves the review of select appellate jurisdiction. The cases in which it can perform rule over are the cases that bring in question of constitutionality of a law, constitutional arrangement, or mandate. Any election contest can be judged by the Supreme Court of Georgia and the cases it has appellate jurisdiction in are the following:

Each justice can create an opinion, but it must be passed to the other justices, and after a discussion, depending on the majority, that opinion can be taken in or nulled. In the instance that any justice cannot serve in a case due to disqualification or any other reason, a judge to substitute has is[ clarification needed ] sent[ clarification needed ] by the Court to take that place.

Courtroom security

Courtroom security is provided by the Capitol Police Division of the Georgia Department of Public Safety.

Bar admissions

The Supreme Court of Georgia is unusual among state high courts in that, while it sets forth and implements the rules for admitting new lawyers to the state bar, it does not formally conduct the admissions. Instead, new lawyers are admitted to practice by taking an oath before a judge of one of the superior courts (that is, a local trial-level court). [12]

The Office of Bar Admissions is an administrative arm of the Supreme Court that is responsible for implementing the rules for admission. That Office assists two separate boards appointed by the Supreme Court. The Board to Determine Fitness of Bar Applicants handles "character and fitness" issues, inquiring into a candidate's "honesty, trustworthiness, diligence, [and] reliability" to determine fitness to practice law. [13] The Board of Bar Examiners administers and grades the state's bar examination each February and July. [13] Subject to educational and other criteria, the boards will certify for admission candidates who meet the character and fitness requirements and pass both the bar examination and the Multistate Professional Responsibility Examination. [12] Candidates may then obtain admission to the Bar by appearing in superior court, and then separately seek admission to the Court of Appeals and the Supreme Court.

See also

Notes

  1. Term ends Dec. 31 of the year listed.
  2. Took office after winning a nonpartisan election.

Related Research Articles

<span class="mw-page-title-main">United States courts of appeals</span> Post-1891 U.S. appellate circuit courts

The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. They hear appeals of cases from the United States district courts and some U.S. administrative agencies, and their decisions can be appealed to the Supreme Court of the United States. The courts of appeals are divided into 13 "Circuits". Eleven of the circuits are numbered "First" through "Eleventh" and cover geographic areas of the United States and hear appeals from the U.S. district courts within their borders. The District of Columbia Circuit covers only Washington, DC. The Federal Circuit hears appeals from federal courts across the United States in cases involving certain specialized areas of law.

<span class="mw-page-title-main">New York Supreme Court, Appellate Division</span> Courts in the US state of New York

The Appellate Division of the Supreme Court of the State of New York is the intermediate appellate court in New York State. The state is geographically divided into four judicial departments of the Appellate Division. The full title of each is, using the "Fourth Department" as an example, the "Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department".

<span class="mw-page-title-main">Oregon Supreme Court</span> Highest court in the U.S. state of Oregon

The Oregon Supreme Court (OSC) is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol building on State Street. The building was finished in 1914 and also houses the state's law library, while the courtroom is also used by the Oregon Court of Appeals.

<span class="mw-page-title-main">Supreme Court of California</span> Highest judicial court in the U.S. state of California

The Supreme Court of California is the highest and final court of appeals in the courts of the U.S. state of California. It is headquartered in San Francisco at the Earl Warren Building, but it regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts. Since 1850, the court has issued many influential decisions in a variety of areas including torts, property, civil and constitutional rights, and criminal law.

<span class="mw-page-title-main">Supreme Court of Maryland</span> Highest court in the U.S. state of Maryland

The Supreme Court of Maryland is the highest court of the U.S. state of Maryland. The court, which is composed of one chief justice and six associate justices, meets in the Robert C. Murphy Courts of Appeal Building in the state capital, Annapolis. The term of the Court begins the second Monday of September. The Court is unique among American courts in that the justices wear red robes.

<span class="mw-page-title-main">District of Columbia Court of Appeals</span> Highest court of Washington D.C.

The District of Columbia Court of Appeals is the highest court of the District of Columbia, the capital city of the United States. The court was established in 1942 as the Municipal Court of Appeals, and it has been the court of last resort for matters of D.C. local law since 1970. The court is located in the former District of Columbia City Hall building at Judiciary Square. The D.C. Court of Appeals and the Superior Court of the District of Columbia comprise the District of Columbia's court system.

<span class="mw-page-title-main">Supreme Court of Florida</span> Highest court in the U.S. state of Florida

The Supreme Court of Florida is the highest court in the U.S. state of Florida. It consists of seven justices—one of whom serves as Chief Justice. Six members are chosen from six districts around the state to foster geographic diversity, and one is selected at large.

<span class="mw-page-title-main">Supreme Court of Virginia</span> Highest court in the U.S. state of Virginia

The Supreme Court of Virginia is the highest court in the Commonwealth of Virginia. It primarily hears direct appeals in civil cases from the trial-level city and county circuit courts, as well as the criminal law, family law and administrative law cases that are initially appealed to the Court of Appeals of Virginia. Established in 1779 as the Supreme Court of Appeals, the Supreme Court of Virginia is one of the oldest continuously active judicial bodies in the United States.

The Alaska Supreme Court is the state supreme court for the U.S. state of Alaska. Its decisions are binding on all other Alaska state courts, and the only court its decisions may be appealed to is the Supreme Court of the United States. The Alaska Supreme Court hears appeals from lower state courts and also administers the state's judicial system.

The Alaska Court System is the unified, centrally administered, and totally state-funded judicial system for the state of Alaska. The Alaska District Courts are the primary misdemeanor trial courts, the Alaska Superior Courts are the primary felony trial courts, and the Alaska Supreme Court and the Alaska Court of Appeals are the primary appellate courts. The chief justice of the Alaska Supreme Court is the administrative head of the Alaska Court System.

<span class="mw-page-title-main">Indiana Supreme Court</span> Highest court in the U.S. state of Indiana

The Indiana Supreme Court, established by Article 7 of the Indiana Constitution, is the highest judicial authority in the state of Indiana. Located in Indianapolis, the Court's chambers are in the north wing of the Indiana Statehouse.

<span class="mw-page-title-main">California Courts of Appeal</span> Intermediate appellate courts of California

The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided along county lines into six appellate districts. The Courts of Appeal form the largest state-level intermediate appellate court system in the United States, with 106 justices.

<span class="mw-page-title-main">Oregon Judicial Department</span>

The Oregon Judicial Department (OJD) is the judicial branch of government of the state of Oregon in the United States. The chief executive of the branch is the Chief Justice of the Oregon Supreme Court. Oregon’s judiciary consists primarily of four different courts: the Oregon Supreme Court, the Oregon Tax Court, the Oregon Court of Appeals, and the Oregon circuit courts. Additionally, the OJD includes the Council on Court Procedures, the Oregon State Bar, Commission on Judicial Fitness and Disability, and the Public Defense Services Commission. Employees of the court are the largest non-union group among state workers.

The Government of Guam (GovGuam) is a presidential representative democratic system, whereby the president is the head of state and the governor is head of government, and of a multi-party system. Guam is an organized, unincorporated territory of the United States with policy relations between Guam and the US under the jurisdiction of the Office of Insular Affairs.

The Judiciary of Vermont is the state court system of Vermont, charged with Vermont law.

<span class="mw-page-title-main">Judiciary of New York</span> Judicial branch of the New York state government

The Judiciary of New York is the judicial branch of the Government of New York, comprising all the courts of the State of New York.

<span class="mw-page-title-main">Supreme Court of Mississippi</span> Highest court in the U.S. state of Mississippi

The Supreme Court of Mississippi is the highest court in the state of Mississippi. It was established in 1818 per the terms of the first constitution of the state and was known as the High Court of Errors and Appeals from 1832 to 1869. The court is an appellate court. The court consists of nine justices elected in nonpartisan contests from three districts to serve eight-year terms. The most senior justice serves as the chief justice. It is housed in the Carroll Gartin Justice Building in Jackson, Mississippi, the state capital.

The Judiciary of California or the Judicial Branch of California is defined under the California Constitution as holding the judicial power of the state of California which is vested in the Supreme Court, the Courts of Appeal and the Superior Courts. The judiciary has a hierarchical structure with the California Supreme Court at the top, California Courts of Appeal as the primary appellate courts, and the California Superior Courts as the primary trial courts.

<span class="mw-page-title-main">Judiciary of Louisiana</span>

The Judiciary of Louisiana is defined under the Constitution and law of Louisiana and is composed of the Louisiana Supreme Court, the Louisiana Circuit Courts of Appeal, the District Courts, the Justice of the Peace Courts, the Mayor's Courts, the City Courts, and the Parish Courts. The Chief Justice of the Louisiana Supreme Court is the chief administrator of the judiciary, and its administration is aided by the Judiciary Commission of Louisiana, the Louisiana Attorney Disciplinary Board, and the Judicial Council of the Supreme Court of Louisiana.

The judiciary of Illinois is the unified court system of Illinois primarily responsible for applying the Constitution and law of Illinois. It consists of the Supreme Court, the Appellate Court, and circuit courts. The Supreme Court oversees the administration of the court system.

References

  1. "Georgia governor OK's bill expanding state Supreme Court by 2". jacksonville.com. Archived from the original on May 14, 2016. Retrieved March 16, 2017.
  2. National Center for State Courts. "Judicial Selection in the States – Methods of Judicial Selection – Georgia". www.judicialselection.us. Retrieved August 29, 2018.
  3. Constitution of the State of Georgia (as amended through Jan. 1, 2017), Article VI, Section VII, http://www.senate.ga.gov/Documents/gaconstitution.pdf
  4. 1 2 Constitution of the State of Georgia (as amended through Jan. 1, 2017), Article VI, Section VI, http://www.senate.ga.gov/Documents/gaconstitution.pdf
  5. "03/16/2022—Michael Boggs to Become New Chief Justice" (Press release). Supreme Court of Georgia. March 16, 2022. Retrieved July 20, 2022.
  6. 1 2 3 4 5 6 7 "The Supreme Court of Georgia History". Supreme Court of Georgia.
  7. "Georgia Supreme Court – Court of Appeal". Courthouses.co.
  8. "SUPREME COURT MOVE TO NATHAN DEAL JUDICIAL CENTER". Supreme Court of Georgia. November 26, 2019.
  9. Keenan, Sean Richard (February 12, 2020). "How the $130M Nathan Deal Judicial Center came together near downtown". Curbed Atlanta. VoxMedia.
  10. "9/4/18 – NEW CHIEF JUSTICE OF GEORGIA SUPREME COURT". Supreme Court of Georgia. Retrieved September 5, 2018.
  11. "Biographies". gasupreme.us.
  12. 1 2 "Rules Governing Admission to the Practice of Law, Supreme Court of Georgia." https://www.gabaradmissions.org/rules-governing-admission
  13. 1 2 "Georgia Office Of Bar Admissions – Frequently Asked Questions". www.gabaradmissions.org. Retrieved August 29, 2018.

Citations

Huebner, Timothy. The Southern Judicial Tradition: State Judges and Sectional Distinctiveness, 1790–1890. Athens, Ga.: University of Georgia Press, 1999.

Georgia, S. O. (2016). Rules. Retrieved April 20, 2017, from http://www.gasupreme.us/rules/

33°44′55″N84°23′21″W / 33.748496°N 84.38913°W / 33.748496; -84.38913