Article VI — Judicial Branch

10 sections · 45 paragraphs in this article.

55 provisionsFiltered byArt. VI

Ga. Const. art. VI, § I, ¶ I Judicial power of the state
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The judicial power of the state shall be vested exclusively in the following classes of courts: magistrate courts, probate courts, juvenile courts, state courts, superior courts, Court of Appeals, and Supreme Court. Magistrate courts, probate courts, juvenile courts, and state co…
Ga. Const. art. VI, § I, ¶ II Unified judicial system
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All courts of the state shall comprise a unified judicial system.
Ga. Const. art. VI, § I, ¶ III Judges; exercise of power outside own court; scope of term 'judge.'
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Provided the judge is otherwise qualified, a judge may exercise judicial power in any court upon the request and with the consent of the judges of that court and of the judge's own court under rules prescribed by law. The term 'judge,' as used in this article, shall include Justi…
Ga. Const. art. VI, § I, ¶ IV Exercise of judicial power
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Each court may exercise such powers as necessary in aid of its jurisdiction or to protect or effectuate its judgments; but only the superior and appellate courts shall have the power to issue process in the nature of mandamus, prohibition, specific performance, quo warranto, and …
Ga. Const. art. VI, § I, ¶ V Uniformity of jurisdiction, powers, etc
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Except as otherwise provided in this Constitution, the courts of each class shall have uniform jurisdiction, powers, rules of practice and procedure, and selection, qualifications, terms, and discipline of judges. The provisions of this Paragraph shall be effected by law within 2…
Ga. Const. art. VI, § I, ¶ VI Judicial circuits; courts in each county; court sessions
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The state shall be divided into judicial circuits, each of which shall consist of not less than one county. Each county shall have at least one superior court, magistrate court, a probate court, and, where needed, a state court and a juvenile court. The General Assembly may provi…
Ga. Const. art. VI, § I, ¶ VII Judicial circuits, courts, and judgeships, law changed
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The General Assembly may abolish, create, consolidate, or modify judicial circuits and courts and judgeships; but no circuit shall consist of less than one county.
Ga. Const. art. VI, § I, ¶ VIII Transfer of cases
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Any court shall transfer to the appropriate court in the state any civil case in which it determines that jurisdiction or venue lies elsewhere.
Ga. Const. art. VI, § I, ¶ IX Rules of evidence; law prescribed
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All rules of evidence shall be as prescribed by law.
Ga. Const. art. VI, § I, ¶ X Authorization for pilot projects
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The General Assembly may by general law approved by a two-thirds' majority of the members of each house enact legislation providing for, as pilot programs of limited duration, courts which are not uniform within their classes in jurisdiction, powers, rules of practice and procedu…
Ga. Const. art. VI, § I Judicial Power
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Ga. Const. art. VI, § I Judicial Power Structural section heading for the GA Constitution. Operative constitutional text is stored in child paragraph rows. Source: https://en.wikisource.org/wiki/Constitution_of_the_State_of_Georgia_(1983)
Ga. Const. art. VI, § II, ¶ I Divorce cases
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Divorce cases shall be tried in the county where the defendant resides, if a resident of this state; if the defendant is not a resident of this state, then in the county in which the plaintiff resides; provided, however, a divorce case may be tried in the county of residence of t…
Ga. Const. art. VI, § II, ¶ II Land titles
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Cases respecting titles to land shall be tried in the county where the land lies, except where a single tract is divided by a county line, in which case the superior court of either county shall have jurisdiction.
Ga. Const. art. VI, § II, ¶ III Equity cases
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Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed.
Ga. Const. art. VI, § II, ¶ IV Suits against joint obligors, copartners, etc
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Suits against joint obligors, joint tort-feasors, joint promisors, copartners, or joint trespassers residing in different counties may be tried in either county.
Ga. Const. art. VI, § II, ¶ V Suits against maker, endorser, etc
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Suits against the maker and endorser of promissory notes, or drawer, acceptor, and endorser of foreign or inland bills of exchange, or like instruments, residing in different counties, shall be tried in the county where the maker or acceptor resides.
Ga. Const. art. VI, § II, ¶ VI All other cases
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All other civil cases, except juvenile court cases as may otherwise be provided by the Juvenile Court Code of Georgia, shall be tried in the county where the defendant resides; venue as to corporations, foreign and domestic, shall be as provided by law; and all criminal cases sha…
Ga. Const. art. VI, § II, ¶ VII Venue in third-party practice
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The General Assembly may provide by law that venue is proper in a county other than the county of residence of a person or entity impleaded into a pending civil case by a defending party who contends that such person or entity is or may be liable to said defending party for all o…
Ga. Const. art. VI, § II, ¶ VIII Power to change venue
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The power to change the venue in civil and criminal cases shall be vested in the superior courts to be exercised in such manner as has been, or shall be, provided by law.
Ga. Const. art. VI, § II Venue
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Ga. Const. art. VI, § II Venue Structural section heading for the GA Constitution. Operative constitutional text is stored in child paragraph rows. Source: https://en.wikisource.org/wiki/Constitution_of_the_State_of_Georgia_(1983)
Ga. Const. art. VI, § III, ¶ I Jurisdiction of classes of courts of limited jurisdiction
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The magistrate, juvenile, and state courts shall have uniform jurisdiction as provided by law. Probate courts shall have such jurisdiction as now or hereafter provided by law, without regard to uniformity.
Ga. Const. art. VI, § III Classes Of Courts Of Limited Jurisdiction
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Ga. Const. art. VI, § III Classes Of Courts Of Limited Jurisdiction Structural section heading for the GA Constitution. Operative constitutional text is stored in child paragraph rows. Source: https://en.wikisource.org/wiki/Constitution_of_the_State_of_Georgia_(1983)
Ga. Const. art. VI, § IV, ¶ I Jurisdiction of superior courts
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The superior courts shall have jurisdiction in all cases, except as otherwise provided in this Constitution. They shall have exclusive jurisdiction over trials in felony cases, except in the case of juvenile offenders as provided by law; in cases respecting title to land; in divo…
Ga. Const. art. VI, § IV Superior Courts
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Ga. Const. art. VI, § IV Superior Courts Structural section heading for the GA Constitution. Operative constitutional text is stored in child paragraph rows. Source: https://en.wikisource.org/wiki/Constitution_of_the_State_of_Georgia_(1983)
Ga. Const. art. VI, § V, ¶ I Composition of Court of Appeals; Chief Judge
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The Court of Appeals shall consist of not less than nine Judges who shall elect from among themselves a Chief Judge.
Ga. Const. art. VI, § V, ¶ II Panels as prescribed
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The Court of Appeals may sit in panels of not less than three Judges as prescribed by law or, if none, by its rules.
Ga. Const. art. VI, § V, ¶ III Jurisdiction of Court of Appeals; decisions binding
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The Court of Appeals shall be a court of review and shall exercise appellate and certiorari jurisdiction in all cases not reserved to the Supreme Court or conferred on other courts by law. The decisions of the Court of Appeals insofar as not in conflict with those of the Supreme …
Ga. Const. art. VI, § V, ¶ IV Certification of question to Supreme Court
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The Court of Appeals may certify a question to the Supreme Court for instruction, to which it shall then be bound.
Ga. Const. art. VI, § V, ¶ V Equal division of court
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In the event of an equal division of the Judges when sitting as a body, the case shall be immediately transmitted to the Supreme Court.
Ga. Const. art. VI, § V Court Of Appeals
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Ga. Const. art. VI, § V Court Of Appeals Structural section heading for the GA Constitution. Operative constitutional text is stored in child paragraph rows. Source: https://en.wikisource.org/wiki/Constitution_of_the_State_of_Georgia_(1983)
Ga. Const. art. VI, § VI, ¶ I Composition of Supreme Court; Chief Justice; Presiding Justice; quorum; substitute judges
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The Supreme Court shall consist of not more than nine Justices who shall elect from among themselves a Chief Justice as the chief presiding and administrative officer of the court and a Presiding Justice to serve if the Chief Justice is absent or is disqualified. A majority shall…
Ga. Const. art. VI, § VI, ¶ II Exclusive appellate jurisdiction of Supreme Court
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The Supreme Court shall be a court of review and shall exercise exclusive appellate jurisdiction in the following cases: (1) All cases involving the construction of a treaty or of the Constitution of the State of Georgia or of the United States and all cases in which the constitu…
Ga. Const. art. VI, § VI, ¶ III General appellate jurisdiction of Supreme Court
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Unless otherwise provided by law, the Supreme Court shall have appellate jurisdiction of the following classes of cases: (1) Cases involving title to land; (2) All equity cases; (3) All cases involving wills; (4) All habeas corpus cases; (5) All cases involving extraordinary reme…
Ga. Const. art. VI, § VI, ¶ IV Jurisdiction over questions of law from state appellate or federal district or appellate courts
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The Supreme Court shall have jurisdiction and authority to answer any question of law from any state appellate or federal district or appellate court.
Ga. Const. art. VI, § VI, ¶ V Review of cases in Court of Appeals
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The Supreme Court may review by certiorari cases in the Court of Appeals which are of gravity or great public importance.
Ga. Const. art. VI, § VI, ¶ VI Decisions of Supreme Court binding
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The decisions of the Supreme Court shall bind all other courts as precedents.
Ga. Const. art. VI, § VI Supreme Court
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Ga. Const. art. VI, § VI Supreme Court Structural section heading for the GA Constitution. Operative constitutional text is stored in child paragraph rows. Source: https://en.wikisource.org/wiki/Constitution_of_the_State_of_Georgia_(1983)
Ga. Const. art. VI, § VII, ¶ I Election; term of office
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All superior court and state court judges shall be elected on a nonpartisan basis for a term of four years. All Justices of the Supreme Court and the Judges of the Court of Appeals shall be elected on a nonpartisan basis for a term of six years. The terms of all judges thus elect…
Ga. Const. art. VI, § VII, ¶ II Qualifications
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(a) Appellate and superior court judges shall have been admitted to practice law for seven years. (b) State court judges shall have been admitted to practice law for seven years, provided that this requirement shall be five years in the case of state court judges elected or appoi…
Ga. Const. art. VI, § VII, ¶ III Vacancies
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Vacancies shall be filled by appointment of the Governor except as otherwise provided by law in the magistrate, probate, and juvenile courts.
Ga. Const. art. VI, § VII, ¶ IV Period of service of appointees
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An appointee to an elective office shall serve until a successor is duly selected and qualified and until January 1 of the year following the next general election which is more than six months after such person's appointment.
Ga. Const. art. VI, § VII, ¶ V Compensation and allowances of judges
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All judges shall receive compensation and allowances as provided by law; county supplements are hereby continued and may be granted or changed by the General Assembly. County governing authorities which had the authority on June 30, 1983, to make county supplements shall continue…
Ga. Const. art. VI, § VII, ¶ VI Judicial Qualifications Commission; power; composition
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(a) The General Assembly shall by general law create and provide for the composition, manner of appointment, and governance of a Judicial Qualifications Commission, with such commission having the power to discipline, remove, and cause involuntary retirement of judges as provided…
Ga. Const. art. VI, § VII, ¶ VII Discipline, removal, and involuntary retirement of judges
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(a) Anyjudge may be removed, suspended, or otherwise disciplined for willful misconduct in office, or for willful and persistent failure to perform the duties of office, or for habitual intemperance, or for conviction of a crime involving moral turpitude, or for conduct prejudici…
Ga. Const. art. VI, § VII, ¶ VIII Due process; review by Supreme Court
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No action shall be taken against a judge except after hearing and in accordance with due process of law. No removal or involuntary retirement shall occur except upon order of the Supreme Court after review.
Ga. Const. art. VI, § VII Selection, Term, Compensation, And Discipline Of Judges
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Ga. Const. art. VI, § VII Selection, Term, Compensation, And Discipline Of Judges Structural section heading for the GA Constitution. Operative constitutional text is stored in child paragraph rows. Source: https://en.wikisource.org/wiki/Constitution_of_the_State_of_Georgia_(1983…
Ga. Const. art. VI, § VIII, ¶ I District attorneys; vacancies; qualifications; compensation; duties; immunity
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(a) There shall be a district attorney for each judicial circuit, who shall be elected circuit-wide for a term of four years. The successors of present and subsequent incumbents shall be elected by the electors of their respective circuits at the general election held immediately…
Ga. Const. art. VI, § VIII, ¶ II Discipline, removal, and involuntary retirement of district attorneys
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Any district attorney may be disciplined, removed or involuntarily retired as provided by general law.
Ga. Const. art. VI, § VIII District Attorneys
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Ga. Const. art. VI, § VIII District Attorneys Structural section heading for the GA Constitution. Operative constitutional text is stored in child paragraph rows. Source: https://en.wikisource.org/wiki/Constitution_of_the_State_of_Georgia_(1983)
Ga. Const. art. VI, § IX, ¶ I Administration of the judicial system; uniform court rules; advice and consent of councils
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The judicial system shall be administered as provided in this Paragraph. Not more than 24 months after the effective date hereof, and from time to time thereafter by amendment, the Supreme Court shall, with the advice and consent of the council of the affected class or classes of…