The Georgia court system is built from seven classes of courts, and which one hears your case depends on what the case is about and how serious it is. The Georgia Constitution places all judicial power in magistrate courts, probate courts, juvenile courts, state courts, superior courts, the Court of Appeals, and the Supreme Court.1Justia. Georgia Constitution Article VI – Judicial Branch Municipal courts operate at the city level alongside those seven, and specialized “accountability” divisions run inside several of them. Here is what each one handles and where your situation likely fits.
Superior Courts
Superior Courts are the primary trial courts, and they have general jurisdiction — they can hear almost any kind of case. They also hold exclusive authority over felony trials, divorce and alimony, and disputes over land titles.250 Constitutions. Georgia Constitution Article VI – Judicial Branch – Section: Jurisdiction of Superior Courts A serious criminal charge, the end of a marriage, or a fight over who owns a piece of property starts here.
The courts are organized into judicial circuits under O.C.G.A. § 15-6-1, with each circuit covering one or more of Georgia’s 159 counties.3Justia. Georgia Code 15-6-1 – Composition of Judicial Circuits Voters in each circuit elect Superior Court judges in nonpartisan elections for four-year terms. These judges can issue injunctions and emergency orders while a case is pending, which matters when someone needs relief before a final ruling.
Civil cases in Superior Court have required electronic filing since January 1, 2019.4Georgia Superior Court Clerks’ Cooperative Authority. Civil eFiling Plan on the electronic system rather than paper.
State Courts
State Courts handle criminal cases below the felony level and civil lawsuits without a dollar cap, so long as the case doesn’t fall inside Superior Court’s exclusive categories. Under O.C.G.A. § 15-7-4, their criminal jurisdiction covers misdemeanors, which under Georgia law carry a maximum punishment of 12 months in jail, a $1,000 fine, or both.5Justia. Georgia Code 15-7-4 – Jurisdiction; Authority of State Court Judges6Justia. Georgia Code 17-10-3 – Punishment for Misdemeanors That includes traffic offenses, simple assaults, minor drug charges, and similar matters.
On the civil side, State Courts share concurrent jurisdiction with Superior Courts for contract disputes, personal injury claims, and other civil actions. About 70 counties currently have a State Court. In the rest, those cases go straight to Superior Court. State Courts also require electronic filing for civil cases.
Magistrate Courts
Magistrate Courts do two very different jobs. First, they are Georgia’s small claims forum for civil disputes where the amount at stake is $15,000 or less.7Justia. Georgia Code 15-10-2 – General Jurisdiction; Authority of Magistrate to Act Cases move faster and cost less than in Superior Court, and people often represent themselves. Landlord-tenant disputes, particularly eviction proceedings called dispossessory actions, are a staple of the magistrate docket.
Second, magistrate judges act as gatekeepers in criminal cases. They review law enforcement requests and issue search warrants and arrest warrants based on probable cause.7Justia. Georgia Code 15-10-2 – General Jurisdiction; Authority of Magistrate to Act They also conduct preliminary hearings to decide whether enough evidence exists to send a criminal case to a higher court. Every county in Georgia has a magistrate court, making it the most accessible level of the system.
In eviction cases, timing is tight. Once a tenant is served with a dispossessory warrant, the tenant has seven days to file a written answer. If none is filed, the landlord can request a default eviction on the eighth day. If the tenant does answer, the court schedules a hearing.
Probate Courts
Probate Courts handle wills, estates, and guardianship. Under O.C.G.A. § 15-9-30, they have exclusive jurisdiction over proving wills, administering the estates of people who have died, and appointing guardians for minors or incapacitated adults.8Justia. Georgia Code 15-9-30 – Subject Matter Jurisdiction; Powers and Duties Generally If a family member dies and someone needs to settle their affairs, or if you need legal responsibility for a child or elderly relative, this is the court.
Probate courts also handle several administrative functions. Probate judges issue marriage licenses, which require both applicants to be at least 18, present government-issued photo ID, and provide proof of how any prior marriage ended. Applicants who are 17 face additional requirements including parental consent, and no one under 17 is eligible.9Justia. Georgia Code 19-3-37 – Parental Consent to Marriage of Underage Applicants They also process firearms license applications, with fees averaging around $75 depending on the county.10Georgia.gov. Apply for a Firearms License
Juvenile Courts
Juvenile Courts have exclusive jurisdiction over minors alleged to have committed delinquent acts — conduct that would be a crime if committed by an adult. Under O.C.G.A. § 15-11-10, delinquency jurisdiction generally covers acts committed before a child turns 17, not 18 as many people assume.11Justia. Georgia Code 15-11-10 – Exclusive Original Jurisdiction A 17-year-old accused of a crime in Georgia is typically charged as an adult in state or superior court, though certain exceptions apply.
Beyond delinquency, juvenile courts handle dependency cases involving neglect or abuse, and traffic offenses committed by people under 17. The philosophy leans toward rehabilitation rather than punishment, and the proceedings are generally confidential.
Children facing delinquency proceedings have the right to an attorney. If the family cannot afford one, the court appoints counsel at the start of the case. Parents can hire their own lawyer for their child, but the court-appointed attorney represents the child’s interests specifically. Parents and guardians are generally not considered parties to delinquency cases and don’t receive their own appointed counsel.
Municipal Courts
Municipal Courts operate at the city level and handle violations of local ordinances, from noise complaints to building code infractions. They also have jurisdiction over certain state-level misdemeanors committed within city limits, including misdemeanor marijuana possession under O.C.G.A. § 36-32-6 and shoplifting under O.C.G.A. § 36-32-9. Most cases resolve with fines, community service, or short probation rather than jail. Where no local charter sets a different limit, the maximum punishment is a $1,000 fine, six months in jail, or both.12Justia. Georgia Code 15-7-84 – Violation of Municipal Ordinances
One thing to know: there is no automatic right to appeal a municipal court conviction. You must file a petition called a writ of certiorari with the Superior Court within 30 days of the judgment. The Superior Court can grant or deny the petition at its discretion, and you’ll need to post a bond equal to the judgment amount along with a filing fee. Anyone contesting a municipal court conviction should act quickly, and understand that the review focuses on whether the law was applied correctly, not whether the facts should be re-weighed.
Accountability Courts
Georgia operates specialty courts aimed at the underlying causes of criminal behavior rather than standard sentencing. Under O.C.G.A. § 15-1-18, these accountability courts include drug court divisions, mental health court divisions, veterans court divisions, and DUI court divisions, among others.13Justia. Georgia Code 15-1-18 – Council of Accountability Court Judges They run as specialized divisions inside superior, state, and juvenile courts across the state’s judicial circuits.
Participants typically plead guilty and then enter a structured program with regular court appearances, drug testing, counseling, or treatment. Completing the program can reduce charges or sentences. Veterans courts, for example, connect former service members with VA resources and peer mentors rather than sending them to jail for offenses driven by PTSD or substance abuse.14Council of Accountability Court Judges. Veterans Treatment Courts These courts aren’t available in every county or for every offense, and admission is at the judge’s discretion.
Court of Appeals
The Georgia Court of Appeals is the state’s intermediate appellate court and handles most appeals from trial courts. Fifteen judges serve six-year terms and sit in rotating panels of three. Panel decisions must be unanimous. If one judge dissents, the case goes to a larger group of seven judges for a majority vote, so a single dissent guarantees a second look from a broader bench.
Appellate judges don’t hear new testimony or examine physical evidence. They review the written record from the trial below and decide whether the trial court made legal errors serious enough to affect the outcome. Their opinions guide trial courts throughout the state as persuasive authority, though only Supreme Court decisions are formally binding as precedent.
The deadline to file a notice of appeal is 30 days after entry of the final judgment or order. If you filed a motion for a new trial or similar post-trial motion, the 30-day clock starts when that motion is resolved.15Justia. Georgia Code 5-6-38 – Time of Filing Notice of Appeal Missing this deadline almost always means losing the right to appeal.
Supreme Court of Georgia
The Supreme Court of Georgia is the state’s court of last resort, with nine justices elected in nonpartisan elections for six-year terms. Under Article VI, Section VI of the Georgia Constitution, it has exclusive appellate jurisdiction over cases involving the constitutionality of a law and all election contests. It also has general appellate jurisdiction over land title disputes, habeas corpus petitions, equity cases, wills, divorce and alimony cases, death penalty cases, and questions certified to it by the Court of Appeals.16Georgia Secretary of State. Constitution of the State of Georgia Its rulings bind every other court in the state.
If a vacancy occurs, the governor appoints a replacement from candidates recommended by a judicial nominating commission. The appointed justice must then stand for election at the next general election held at least six months after the appointment.