Georgia no longer has justices of the peace. The 1983 state constitution eliminated the office and folded every justice of the peace court, every small claims court, and the County Court of Echols County into a single statewide magistrate court system. If you are looking for the local judge who used to handle small civil disputes, issue warrants, set bail, or perform marriages, that work now belongs to the magistrate court in your county.1Georgia Secretary of State. Georgia Constitution
What Happened to the Office in 1983
Justices of the peace were once Georgia’s most accessible judicial officers, especially in rural counties. They decided minor civil cases, handled small criminal matters, performed marriages, and administered oaths. The job required little formal legal training, and procedures varied from county to county.
Article VI, Section X of the 1983 Georgia Constitution reclassified those courts as magistrate courts and brought them under uniform statewide rules and training standards.1Georgia Secretary of State. Georgia Constitution Every county in Georgia now has a magistrate court, and its powers and procedures are set out in Title 15, Chapter 10 of the Georgia Code. The old title is gone; the function moved.
What the Magistrate Court Handles Today
Magistrate courts are courts of limited jurisdiction, but the list of things they can do is broader than most people expect. Under Georgia Code 15-10-2, a magistrate court hears civil disputes, certain criminal matters, landlord-tenant cases, and a range of administrative tasks.2Justia. Georgia Code 15-10-2 – General Jurisdiction, Authority of Magistrate to Act
Civil Cases Up to $15,000
The magistrate court decides money disputes where the amount at stake is $15,000 or less. That covers unpaid debts, property damage, breach of contract, and similar claims that used to go to small claims court. Garnishment and attachment actions fit here as well, though the court cannot grant a prejudgment attachment that would freeze a defendant’s assets before judgment.2Justia. Georgia Code 15-10-2 – General Jurisdiction, Authority of Magistrate to Act
If a defendant files a counterclaim larger than $15,000, the magistrate transfers the case up to superior or state court, unless the counterclaim can be separated and sent up on its own.3Georgia Courts. Uniform Rules Magistrate Courts of the State of Georgia Parties can hire a lawyer or represent themselves. The system was built to work for people who show up without one.
Evictions and Landlord-Tenant Cases
Dispossessory proceedings, the Georgia term for evictions, are one of the busiest parts of the magistrate court’s docket. A landlord starts the case by filing a sworn dispossessory affidavit stating that the tenant is holding the property unlawfully, whether for nonpayment, lease expiration, or a lease violation. The landlord must have demanded possession first.
Once served, a tenant has seven days to file a written answer. If no answer is filed, the landlord can request an eviction on the eighth day. If an answer is filed, the court sets a hearing. After a writ of possession issues, the eviction has to be carried out within 30 days of service or the landlord starts over.
Warrants, Bail, and Preliminary Hearings
Magistrate judges do not conduct full criminal trials for most offenses, but they are the gatekeepers of the criminal process. Their criminal authority includes hearing applications for and issuing arrest and search warrants, conducting courts of inquiry to decide whether a case should go up to a higher court, setting bail where that authority has not been given exclusively to another court, trying misdemeanor bad check cases, trying violations of county ordinances, and punishing contempt.2Justia. Georgia Code 15-10-2 – General Jurisdiction, Authority of Magistrate to Act
The bail-setting role matters most on nights and weekends. When someone is arrested outside regular court hours, a magistrate typically handles the initial appearance and sets bail.
Marriages, Oaths, and Other Duties
Magistrates perform marriage ceremonies, carrying forward one of the most visible duties of the old justice of the peace.4Justia. Georgia Code 19-3-30 – Issuance, Return, and Recording of Marriage License They also administer oaths (except those the law reserves for other officers), issue subpoenas, handle extradition waivers, and foreclose liens on abandoned motor vehicles and mobile homes.2Justia. Georgia Code 15-10-2 – General Jurisdiction, Authority of Magistrate to Act
Who the Judges Are and How They Get the Job
Each county’s chief magistrate is elected by voters in a partisan election for a four-year term, running in the same cycle as other county officers. Every other magistrate in the county is appointed by the chief magistrate with the consent of the superior court judges, and those appointees serve terms that run alongside the chief magistrate’s.5Justia. Georgia Code 15-10-20 – Number, Selection, Term, Filling Vacancies, Chief Magistrate, Bonds
If a chief magistrate’s seat opens up mid-term, the superior court judges fill it by majority vote for the rest of the term. The General Assembly can also pass local legislation changing how magistrates are selected in a given county, and in some counties the probate judge also serves as the chief magistrate.5Justia. Georgia Code 15-10-20 – Number, Selection, Term, Filling Vacancies, Chief Magistrate, Bonds
The qualifications are stricter than the old justice of the peace standard. Under Georgia Code 15-10-22, a magistrate taking office on or after July 1, 2019 must be at least 25 years old, have lived in the county for at least two years before the term starts and remain a resident throughout, hold a state-accredited high school diploma or equivalency, be a U.S. citizen, and be a registered voter.6Justia. Georgia Code 15-10-22 – Qualifications
New magistrates also have to complete 80 hours of training set by the Georgia Magistrate Courts Training Council within their first two years, plus a first-year orientation under an experienced mentor magistrate or judge.7Justia. Georgia Code 15-10-137 – Training Requirements of Certified Magistrates A magistrate who fails to complete required training in a given year is reported to the Judicial Qualifications Commission, which can recommend removal unless the lapse was beyond the magistrate’s control.8Justia. Georgia Code 15-10-25 – Training Requirements, Payment of Training Costs
Using the Court as a Regular Person
Magistrate court is designed to be the most accessible level of Georgia’s court system. A few things are worth knowing before you file or respond.
There are no jury trials in magistrate court.9Justia. Georgia Code 15-10-41 – No Jury Trials, Appeal The judge hears the evidence and decides the case alone. If you want a jury, your route is an appeal.
Either party can appeal to the superior court or state court of the county within 30 days of the judgment under Chapter 3 of Title 5 of the Georgia Code. Miss that deadline and the right to appeal is gone. The appeal is de novo, meaning the case is tried over again from scratch with new testimony and evidence, and a jury trial becomes available at that stage. Default judgments and cases dismissed because the plaintiff failed to appear cannot be appealed through the normal process; the remedy is a petition for review, and if the higher court reverses a default, the case returns to magistrate court for a hearing on the merits.9Justia. Georgia Code 15-10-41 – No Jury Trials, Appeal
Filing fees are set locally and differ from county to county. For a standard civil claim, expect something in the $45 to $75 range plus service fees for each defendant. Dispossessory actions have their own schedule. Check with your county’s magistrate court clerk before filing.
Because there are no juries and procedures are relatively informal, cases move faster than in superior court, often reaching a hearing within a few weeks. That speed cuts both ways. The rules of evidence still apply, basic courtroom decorum is expected, and the deadlines are strict. The seven-day answer in an eviction and the 30-day window to appeal are hard cutoffs.