Elements of Civil Government / A Text-Book for Use in Public Schools, High Schools and Normal Schools and a Manual of Reference for Teachers

by Alexander L. Peterman

The Prison Commission hears applications for pardons and makes recommendations for executive clemency to the Governor, but he may reject their advice.

JUDICIAL SYSTEM.--The judicial branch of our State government is vested in the Supreme Court, the Court of Appeals, superior courts, county, and city courts, courts of ordinary, justice courts, and courts recently established in certain cities in lieu of justice courts.

The difference in the courts consists of their varied jurisdiction. Jurisdiction is the power to hear and determine cases. Two questions are usually involved in determining the jurisdiction of a court. First, the residence of the defendant, and, second, the amount involved and the subject matter of the litigation. The jurisdiction of a court is usually limited to a particular territory, and, with the exception of the superior courts, it is limited as to the character of the litigation.

In each militia district of every county of the State, except in certain cities, there is a justice court. This court was established for the trial of cases involving small amounts, and for the preliminary trials of persons charged with offenses against the laws of the State. The justice is elected for a term of four years by the voters of the county. To be eligible for this office one must have been a resident of the district for three months, and such other qualifications apply as do to voters for members of the General Assembly. This court holds its sessions monthly.

Upon the recommendation of the grand jury of the county, a notary public and ex-officio justice of the peace may be appointed by the judge of the superior court and commissioned by the Governor. His powers are the same as a regularly elected justice, and his term of office is for the same number of years.

The jurisdiction of the court extends to all cases arising from contracts, or injuries, or damages to personal property, when the amount claimed does not exceed $100. Contests for the possession of personal property, when the title is not involved, may also be tried in justice courts. When the amount involved is less than $50 an appeal may be had to a jury of five men; if the amount exceeds $50, an appeal may be had to the superior court.

Upon the arrest of any person charged with any offense against the laws of the State he can be brought before the justice of the peace for a preliminary trial. If in the opinion of the justice there is sufficient evidence, he is bound over to a higher court for trial.

The justice of the peace can issue warrants for the arrest of persons charged with crimes, and is qualified to administer oaths. The executive officer of the justice court is the constable, who is elected by the people for a term of two years. He serves subpoenas, levies executions, conducts the sales of the court, and makes arrests.

In 1912, the provisions of the Constitution recommending the establishment of justice courts in each militia district were amended so as to allow such justice courts, the office of justice of the peace, and of notary public, ex-officio justice of the peace, to be abolished in certain cities in Georgia by the establishment in lieu thereof of such court, or system of courts, as the General Assembly may deem necessary. Such courts have been established in Atlanta and Macon. The territory, jurisdiction, and power of these courts are set forth in the act creating them.

A county court is established upon the recommendation of a grand jury in a county. The judge of the court is appointed by the Governor for a term of four years. The judge of a county court must be twenty-one years of age, and must have been a resident of the county one year. The court holds monthly and quarterly sessions at the county seat. The jurisdiction of the court extends over the county where it is located. The court has jurisdiction in all civil cases where the amount involved does not exceed $500, save where exclusive jurisdiction is given to the superior courts. Criminal cases are also tried in county courts when the crime with which the defendant is charged is called a misdemeanor. In some counties also there are county courts established by special acts of the Legislature.