Georgia Court of Appeals

The Georgia Court of Appeals is the intermediate-level appellate court for the U.S. state of Georgia.

History

Founding of the court

The genesis of the Court of Appeals began with a report by the State Bar of Georgia in 1895, suggesting that the Georgia State Legislature create a new intermediate appellate court to relieve some the Georgia Supreme Court of its rapidly growing caseload. The Legislature declined to create a new appellate court, choosing instead to increase the size of the Supreme Court from three judges to five, then later to six. In 1902, Georgia Supreme Court justice Andrew J. Cobb gave a presentation to the State Bar addressing a number of proposals to alleviate the Supreme Court's workload, including the creation of an intermediate court of appeals.

Finally, in 1906, the Legislature approved an amendment to the Georgia state constitution to create a three judge court of appeals, to be placed on the ballot for approval by the citizens. The measure was approved by voters on October 3, 1906.

The first election of judges took place on November 6, 1906. Arthur G. Powell, Richard Russell, Sr., and Benjamin H. Hill (the son of former U.S. Senator Benjamin Harvey Hill) were the first judges elected to the court. Hill was the first chief judge of the court; he received the position largely due to age and seniority (over Russell's objections). The first Clerk of Court was Logan Bleckley Jr., the son of former Georgia Supreme Court Chief Justice Logan Edwin Bleckley. One of the first stenographers of the court was Marian Bloodworth, whose appointment was consented to by the three judges despite a provision of the Georgia Civil Code forbidding women from holding civil office.

Until 1916, the Court of Appeals effectively functioned as a second court of last resort for the state of Georgia, there being no provision for appeal from its judgments. This posed two problems for the state: first, despite the constitutional requirement that the Supreme Court's decisions constituted binding precedent over the court of appeals, conflicts began arising between the rulings of the two courts; secondly, the workloads of both courts continued to increase steadily. The Legislature remedied these problems by approving a constitutional amendment to enlarge the subject matter jurisdiction of the Court of Appeals and limit that of the Supreme Court. The Legislature also approved a statute to create an additional three-judge division of the Court of Appeals, providing that all appeals of criminal cases be heard in one division, and the remaining civil cases be divided up so as to equalize their work.

Growth of the court

The Legislature increased the size of the court to seven judges in 1960, and then to nine judges in three divisions in 1961. The requirement for all criminal cases to be heard in one division was repealed in 1967. In 1996, Governor Zell Miller submitted a bill to increase the court's size to thirteen judges. The bill failed, but the Legislature did approve another act to add a tenth judge.

The court grew again in 1999 when Governor Roy Barnes signed a bill which increased the number of judges to twelve. As of 2008^[update] a total of seventy judges have served on the court, with fifteen serving on both the Court of Appeals and the Supreme Court of Georgia.

Jurisdiction

The court's appellate jurisdiction is rather limited in comparison with many other state appellate courts. It may hear appeals in all cases which do not involve:

• Questions of the constitutionality of statutes
• Land title disputes
• The construction of wills
• Murder
• Election contests
• Habeas corpus
• Extraordinary remedies
• Divorce and alimony
• Cases in which original appellate jurisdiction lies with the superior courts

Georgia statute specifies two categories of appeal. Some cases may be appealed as a matter of right, and some cases may only be appealed if the Court of Appeals accepts the appeal ("discretionary review"). Applications for discretionary review will only be granted if reversible error appears to exist, or if establishment of a precedent is desirable. (Court of Appeals Rule 31(a).

In addition, certain rulings made by the trial court may be appealable even if the case is still going on. These interlocutory appeals can only proceed if trial court judge agrees to allow an appeal, and if the Court of Appeals agrees to accept the case.

Procedure

Despite the court's limited jurisdiction, it is still one of the busiest state appellate courts in the nation. In 2001, 2,544 direct appeal decisions were issued by the Court of Appeals, over three fourths of which were final. Of the remaining cases in which appeal was sought in the Georgia Supreme Court, the Supreme Court granted certiorari in less than 10%.

More than half of the court's decisions are published in the South Eastern Reporter. Over the past several years, the Court has published an average of 1,461 opinions per year.

The 1996 statute which increased the number of judges to ten also changed the process by which cases would be decided in the event of a dissent. Before 1996, cases in which there was a dissent in one division were decided en banc (by the whole court). After this law was passed, cases involving a dissent are determined by seven judges, including the assigned division, the next division in succession and a seventh judge. The Georgia Court of Appeals is unique in that it does not issue 2-1 panel rulings.

If all three Judges on a panel concur in the ruling, then the ruling becomes binding precedent on all courts in Georgia except the Supreme Court. If one of the three Judges concurs (agrees with the result but not the reasoning), the ruling becomes "physical precedent only" - that is, it disposes of the case in front of it but is not binding authority. Physical precedent only cases may be cited as persuasive authority, but are not binding.

Judges

The position of Chief Judge is rotated among the sitting judges, generally for a two-year term and upon the basis of seniority of tenure on the Court. By statutory authorization the Chief Judge appoints a Presiding Judge for each of the four divisions. The Presiding Judges remain as the heads of the divisions for the full two-year term of the Chief Judge. The other Judges are assigned to the panels on an annual basis.

As of 2010, the judges on the court are:

• Anne Elizabeth Barnes (Presiding Judge)
• Gary Blaylock Andrews (Presiding Judge)
• Edward H. Johnson
• G. Alan Blackburn (retired June 2010; currently Senior Judge)
• J.D. Smith (Presiding Judge)
• Sara Doyle
• M. Yvette Miller (Chief Judge)
• John J. Ellington
• Herbert E. Phipps (Presiding Judge)
• Charles B. Mikell
• A. Harris Adams
• Debra Bernes (died July 2010)

Chief Judge M. Yvette Miller is the first African-American woman to serve as Chief Judge of the Court of Appeals of Georgia. In October 2008, she was unanimously elected by her fellow judges to serve as Chief Judge for a two-year term, which began January 1, 2009. Chief Judge Miller was originally appointed to the Court of Appeals by Governor Roy Barnes on July 12, 1999, when she became the first African-American woman and 65th Judge on the Court. She has been re-elected statewide by the people of Georgia without opposition for two six-year terms, most recently in November 2006. Chief Judge Miller was sworn in for her current term by Governor Sonny Perdue on January 16, 2007.

Since the mid-2010 retirement of Judge Alan Blackburn and sudden passing of Judge Debra Halpern Bernes, the Court has recalled two former Judges - Judge William LeRoy McMurray and Judge Marion T. Pope, Jr. - to assist on a temporary basis. Judge Blackburn also assists as a Senior Judge until his successor is elected.

See also

• Courts of Georgia

External links

• Official homepage of the Georgia Court of Appeals
• Documentary on the Georgia Court of Appeals: "A Century of Serving Justice"