Georgia. Superior Court

The Georgia Constitution of 1789 established a superior court as the judicial branch of state government. Divided into different circuits, an Act of February 9, 1797, required that the judges from each circuit should meet annually at Louisville (then the capital of Georgia) on July 10th.

From the description of Georgia Superior Court Judicial Circuit Judges proceeding, 1797. (Georgia Historical Society). WorldCat record id: 78245661

The Georgia Eastern Judicial Circuit of the U.S. Courts was established in 1789. Chatham County was one of the counties in the circuit.

From the description of Georgia Superior Court, Eastern Judicial Circuit signatures, 1794-1832. (Georgia Historical Society). WorldCat record id: 144570330

Authorities:

Ga. Laws. Volumes from 1821 to 1855 published in Milledgeville; from 1869 to 1873 and from 1875 to present in Atlanta; and the volume of 1874 in Savannah.

Lamar, Lucius Q. C. A Compilation of the Laws of the State of Georgia, 1810-1819. Augusta: 1821.

Marbury, Horatio and William H. Crawford. A Compilation of the Laws of the State of Georgia from 1755-1800. Savannah: 1802. This contains also the state constitutions of 1777, 1789, 1798.

Cobb, T. R. R. Digest of the Statute Laws of Georgia in Force Prior to 1851. 2 vols. Athens: 1851.

Jackson, Edwin L., and Mary E. Stakes. Handbook of Georgia State Agencies. 2d ed. Athens, Ga.: Carl Vinson Institute of Government, University of Georgia, 1988.

Georgia's first constitution in 1777 established a general trial court in each of the state's eight counties to be known as a "superior court" (in contrast to the limited jurisdiction "inferior" courts). In December of 1789 legislators divided Georgia into two judicial districts and provided for a superior court judge to ride circuit in each district, holding court in each county at least twice a year. Until creation of a supreme court in 1845, there was no appeals procedure or other mechanism to correct errors from the superior court except by a new trial with a special jury.

The constitution of 1798 provided that a petition for divorce be filed in the superior court of the county where the couple resided and the court should investigate the case and make recommendation to the General Assembly. This final concurrence by the legislature was required until 1833, although some divorces were finalized by the General Assembly as late as 1847. Divorce cases today are exclusively superior court matters.

Over the years, the number of judges, number of circuits, method of selecting judges, and jurisdiction of the courts have undergone many changes. In 1898, a constitutional amendment reinstated popular election of superior court judges. Some of the major changes affecting superior courts since that time include circuitwide (rather than statewide) election of judges in 1966, creation of judicial administrative districts for superior courts in 1976, and institution of nonpartisan elections for judges by the constitution of 1983.

Today there are 159 superior courts in Georgia--one for each county--organized by the General Assembly into judicial circuits. While each county has a superior court and a superior court clerk, each county does not have a superior court judge. Currently, there are forty-five circuits consisting of between one and eight counties served by 136 superior court judges. The number of judges assigned to a circuit also varies, with two circuits served by a single judge and one circuit--Atlanta--by twelve judges. Judges must convene superior court at least twice a year in each county within their circuits, unless the legislature has stipulated more frequent court terms.

Superior court judges are elected in nonpartisan, circuitwide elections for four-year terms. Qualifications for office are state residency for three years, seven years experience in the practice of law, and a minimum age of thirty.

The superior courts are the state's highest ranking trial courts with original and general jurisdiction. They are authorized to exercise original, exclusive, or concurrent jurisdiction in both civil and criminal cases as provided by the constitution or statutes. They have exclusive jurisdiction over trials in felony cases, except in the case of juvenile offenders, and in cases of divorce, equity, and title to land.

With the exception of certain probate and juvenile matters, the superior courts exercise concurrent jurisdiction over other cases with the limited jurisdiction courts in the same county. The superior courts are authorized to exercise general supervision over all lower courts (except state courts) and review and correct their judgments. The courts can punish contempt by fines not exceeding $500 and imprisonment of not more than twenty days.

The clerk of the superior court must attend all sessions of the court and must make a complete and detailed record of all the business transacted. He must accept and file all suits brought in the court, together with all pleadings in connection therewith, and must make a careful record of each step in the proceedings from the first filing of the suit to the final adjudication of the cause by the court, in civil as well as in criminal cases. Acting as the county recorder, the clerk must record all deeds, mortgages, liens, bills of sale, and other instruments of conveyance and encumbrance. In the early history of the state, and sometimes continuing into the early 1900's, it was commonly a custom of clerks to record all or many types of records in the same book. The book may be titled Deed Records, Deeds, or Deeds and Mortgages.

Commonly used records kept by the clerk of the superior court include:

1. Minutes. A series of books dating from the first session of the superior court held in the county and running to the present date, in which is recorded a detailed account or statement of the business transacted at every term of that court.

2. Dockets. These volumes include lists or calendars of matters to be acted on by the court.

3. Final records. Each clerk must record immediately in his book of final records every part of the pleadings in every case all garnishments, affidavits, bonds, writs of attachment, all claim affidavits and bonds, and all bonds given in any judicial proceeding.

4. Record of deeds. A series of books in which are recorded deeds to real property. Deeds to personal property are used in some transactions, but in most of the twentieth century these take the form of bills of sale.

5. Record of mortgages. A series of books in which are recorded liens on real property. Chattel mortgages were included in liens on personalty until 1963, when chattels were replaced by financing statements (also recorded in the superior court). In courthouses today there are separate series of books for recording deeds and mortgages, but this was not always true up to the early 1900s.

6. Index of names of grantor and grantee of every instrument recorded in the clerk's office, the character and date of the instrument, the book where recorded, and the date of the record.

Other records include: a newspaper file of legal advertisements, maps or plats, a security deed and realty mortgage register, decrees of title, a title register, register for posting land, federal tax lien notices with an index, lis pendens docket with an index, homestead exemptions, a record of superior court charters (before 1989 June 30), a register of notaries public, proceedings of habeas corpus, lists of registered voters, various professional registers, etc.

From the description of Agency history record. (Georgia Department of Archives and History Library). WorldCat record id: 145566812