Georgia Official and Statistical Register 1983-84 - the Digital Library ...
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Georgia Official and Statistical Register 1983-84 - the Digital Library ...

Georgia Official and Statistical Register 1983-84 - the Digital Library ... Georgia Official and Statistical Register 1983-84 - the Digital Library ...

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Chapter VIIIJUDICIARY SYSTEM OF GEORGIASupreme Court of GeorgiaCourt of Appeals of GeorgiaSuperior Courts of GeorgiaCity, Municipal, Civil, Magistrateand State CourtsJUDICIARYSection 1Paragraph I. Judicial Power of the stale. The judicialpower of the state shall be vested exclusively in the followingclasses of courts: magistrate courts, probate courts, juvenilecourts, state courts, superior courts. Court of Appeals andSupreme Court. Magistrate courts, probate courts, juvenilecourts and state courts shall be courts of limited jurisdiction. Inaddition, the General Assembly may establish or authorize theestablishment of municipal courts and may authorize administrative agencies to exercise quasi-judicial powers. Municipalcourts shall have jurisdiction over ordinance violations andsuch other jurisdiction as provided by law. Except as providedin this paragraph, and in Section X, municipal courts, countyrecorder©s courts and civil courts in existence on June 30,1983,and administrative agencies shall not be subject to the provisions of this article.Paragraph 11. Unified judicial system. All courts of the stateshall comprise a unified judicial system.Cite: Consti. Ga. Art. VI, Sec. I. Pars. 1 and II.THE SUPREME COURTThe Supreme Court was created by an amendment to the1798 Constitution, which became effective under the Act ofDec. 22, 1835: but no enabling legislation was passed until theAct of Dec. 10, 1845 (Ga. L. 1845, p. 18). It was organized in1846 some seventy years after Georgia had become a state andthen consisted of three justices who rode the circuits. Thepresent organization of the Supreme Court is defined in theConstitution of 1983 (Art. VI, Sec. VI).The Supreme Court exercises exclusive appellate jurisdictionin the following cases: all cases involving the construction of atreaty or of the Georgia or U.S. Constitutions and all cases inwhich the constitutionality of a law, ordinance or constitutional provision has been drawn in question; all cases of election contest; cases involving title to land; all equity cases: allcases involving wills; all cases in which a sentence of death wasimposed or could be imposed; all habeas corpus cases; all casesinvolving extraordinary remedies; all divorce and alimonycases. It also has jurisdiction over cases certified to it by anystate or federal appellate court, and may review by certioraricases in the Court of Appeals of Georgia which are of gravity orgreat public importance.The Supreme Court supervises the Office of Bar Admissions,appoints the members of the two Boards responsible for theadmission of persons to the practice of law (the Board toDetermine Fitness of Bar Applicants, with seven members, andthe State Board of Bar Examiners, with five members) andmakes the rules governing the bar examination. It also hasresponsibility for supervision of the State Bar of Georgia.There are seven justices on the bench of the Supreme Court,and from time to time, they elect their Chief Justice and Presiding Justice. The qualifications for the office are admission topractice law for seven years and any additional requirementsprovided by law. The terms of office are for six years each,staggered so that two vacancies occur in one general electionyear, two in the next, and three in the following. The justices areelected on a non-partisan basis. The Governor fills any vacancyby appointment until the next general election when a successorto complete the unexpired term is elected.The Supreme Court makes and publishes its rules coveringevery phase of practice in and before the court. It has authorityto appoint its clerks, sheriff, reporter, law assistants and othernecessary personnel.See Const. Ga., Art. VI, Sec. VI and VII.Harold N. Hill, Jr., Atlanta. BornApril 26,1930 in Harris Co., Texas.Graduated Washington & Lee U.,1952; Emory U. Law School, LLB,1957. Omicron Delta Kappa, BetaGamma Sigma, Alpha Kappa Psi,Phi Eta Sigma, Sigma Nu. Attorney. Methodist. US Army, 1952-54. Asst. Attorney General, Ga.,1966-68. Exec. Asst. Attorney General, Ga., 1968-72, resigned. Justice, Supreme Court, Ga., Jan. 2, 1975-date. Presiding Justice,ibid., Dec. 20, 1980-Nov. I, 1982. Chief Justice, ibid., Nov. 1,1982-date. Wife, former Betty Jane Fell; 3 children.Thomas O. Marshall, Jr., Americus.Born June 24, 1920 in SumterCo., Ga. Graduated US NavalAcademy, BS, 1941; U. of Ga.,LLB, 1948. Chi Phi, Phi Delta Phi,BPOE, F&AM, Shriner. Methodist. US Navy-WW II; KoreanWar; USNR, 1954-61. Judge,Southwestern Circuit, 1961-74, resigned. Judge, Court of Appeals,Ga., Nov. 1974-July 1977, resigned.Justice Supreme Court, Ga., July 1977-dale.Presiding Justice.ibid.. Nov. 1, 1982-date. Wife, former Angie Ellen Fitts; 3children.Harold G. Clarke. Forsyth. BornSept. 28,1927 in Monroe Co., Ga.Graduated U. of Ga., LLB, 1950.Sigma Alpha Epsilon, OmicronDelta Kappa. Pres., State Bar ofGa.. 1976-77. Attorney. Presbyterian. US Army-WW II. Mbr., Houseof Rep., 1961-70. Justice, SupremeCourt, Ga.. Dec. 28. 1979-date.Wife, former Nora Gordon; 4 children.113

George T. Smith. Cairo. Born Oct.15, 1916 in Mitchell Co., Graduated U. of Ga., LLB, 1947. Attorney. Baptist. Lt. Comdr., US Navy-WW II. Solicitor, City Court,Cairo, 1951-59. Mbr, House ofRep., 1959-67; Speaker. House ofRep., 1963-67. Lt. Governor, Ga.,1967-71. Judge, Court of Appeals,Ga.,Sept. 1976-Dec.3l, 1980.7uJtice.Supreme Court., Ga. Jan.1981-date. Wife, former Eloise Taylor.Hardy Gregory, Jr., Vienna. BornAug. 11, 1936 in Dooly Co., Ga.Graduated U.S. Naval Academy,1959; Mercer U. LawSchool, 1967.Attorney. Methodist. Mason. USNavy, 1954-55; US Air Force,1959-64. Judge. Cordele Circuit.June 7. 1976-Jan. 1981, resigned.Justice, Supreme Court. Ga., Jan.8,1981-date. Wife, former CarolynImogene Burton; 2 children.Charles L. Weltner. Atlanta. BornDec. 17, 1927 in Fulton Co., Ga.Graduated Oglethorpe U., AB,1948; Columbia U. Law School.LLB, 1950; Tufts U.,LLD(Hon.)1967; Columbia U. TheologicalSeminary, MA, 1983. Attorney.Presbyterian. Phi Delta Phi, OmicronDelta Kappa. US Army, 2yrs.; USAR, 4 yrs. Mbr. U.S.House of Rep., 1963-67. Judge,Superior Court, Atlanta Circuit, June 7, 1976-Oct. 14, 1981.resigned. Justice, Supreme Court, Ga., Oct. 14, 1981-date.Wife, former Anne Fitten Glenn; 6 children.Richard Bell, Stone Mountain.Born July 5, 1920 in AndersonCo., S.C. Graduated PresbyterianCollege, BS, 1943; Emory U. LawSchool, JD, 1949. Attorney. Presbyterian. Pi Kappa Alpha, Phi^ Alpha Delta, Lion, Mason. USN$M0^ Army, 1943-46. Mbr., House of^^. ,^^^ Rep., 1951-52. Solicitor, City^f/X ^^^| Court. Decatur, 1954-56. DistrictAttorney, Stone Mountain Circuit,1957-76, resigned. District Attorney Emeritus, ibid., 1976-Dec.31. 1980. Judge, ibid., Jan. 1, 1981-Oct. 31, 1982. Justice,Supreme Court, Ga., Nov. I, 1982-date. Wife, former NaomiWhittemore; 4 children.Joline B. Williams. Law Assistant. Supreme Court. Ga., Jan. 1,1961-Sept. 1970; Clerk, ibid., Oct. 1970-date.COURT OF APPEALSThe Court of Appeals was established by an amendment tothe Constitution of 1877, ratified on November 6, 1906. Thefirst term of the court was held on the first Monday in January1907, and the court originally consisted of only three judges.The court now consists of nine judges and its present organization is defined in the 1983 Constitution (Art. VI, Sec. V) and intheO.C.G.A. 15-3-1 through 15-3-12.The Court of Appeals is a court of review and exercisesappellate and certiorari jurisdiction in all cases not reserved tothe Supreme Court or conferred on other courts by law. Thedecisions of the Court of Appeals insofar as not in conflict withthose of the Supreme Court shall bind all courts except theSupreme Court as precedents (Ga. Const. Art VI, Sec. V, Par.III).The court sits in three divisions of three judges each, with themembers assigned by the Chief Judge. The Presiding Judge ofeach division is appointed by the Chief Judge, who is elected bythe court in such manner and for such time as may be prescribed by rule or order of the court (O.C.G.A. 15-3-1). TheCourt of Appeals is not an intermediate appellate court. Itsdecisions are not reviewed by the Supreme Court as a matter ofright but only on the grant of a writ of certiorari.An Act of March 8,1945 (Ga. L. 1945, p. 232) provided thatthe three divisions of the court, sitting as one court, shall passon and determine each case in which there is a dissent in thedivision to which the case was originally assigned. When themajority of the judges of the division to which a case is assigned,are of the opinion that certain question(s) should be passedupon by all members of the court, the question(s) may bepresented to all the members of the court, sitting as one court.In the event of an equal division of the judges when sitting as abody, the case shall be immediately transmitted to the SupremeCourt (Ga. Const.. Act VI. Sec. V, Par. V).To qualify to serve as a Judge of the Court of Appeals, aperson shall have been admitted to practice law for seven yearsand shall reside in the geographical area in which they areselected to serve. The General Assembly may provide by lawfor additional qualifications (Ga. Const. 1983, Art. 6, Sec. 7,Par. 2). All judges of the Court of Appeals are elected on anonpartisan basis for a term of six years and are elected at thesame general elections at which members of the GeneralAssembly are elected. The Governor fills any vacancy byappointment until the next general election at which time asuccessor to complete the unexpired term is elected.William LeRoy McMurray, Jr.,Cordele Born April 11, 1925 inYork Co., S.C. Graduated MercerU - LLB - I95 De"3 Theta Phi :Mason. Attorney. Baptist. USArmy-WW II; Korean War. SpecialAgent, FBI, 1952-58. Judge.Cordele Judicial Circuit, Jan. 1967-May 1976, resigned. Judge. Courtof Appeals. Ga.. May 3,1976-date.Presiding Judge, ibid, April I,!979-Dec.31,1983. Chief Judge, Ibid., Jan. 1,1984-date. Wife.former Rose Mary Tamburo; 2 children.Guy M. Massey. Assistant Reporter, Supreme Court & Courtof Appeals, Ga.. Aug. 1,1962-April 1980; Reporter, ibid.. April15, 1980-July 1, 1984, retired.William Scott Henwood Assistant Reporter, Supreme Court &Court of Appeals, Ga., June 1, 1980-July I, 1984; Reporter,ibid.. July 1, 1984-date.114

George T. Smith. Cairo. Born Oct.15, 1916 in Mitchell Co., Graduated U. of Ga., LLB, 1947. Attorney. Baptist. Lt. Comdr., US Navy-WW II. Solicitor, City Court,Cairo, 1951-59. Mbr, House ofRep., 1959-67; Speaker. House ofRep., 1963-67. Lt. Governor, Ga.,1967-71. Judge, Court of Appeals,Ga.,Sept. 1976-Dec.3l, 1980.7uJtice.Supreme Court., Ga. Jan.1981-date. Wife, former Eloise Taylor.Hardy Gregory, Jr., Vienna. BornAug. 11, 1936 in Dooly Co., Ga.Graduated U.S. Naval Academy,1959; Mercer U. LawSchool, 1967.Attorney. Methodist. Mason. USNavy, 1954-55; US Air Force,1959-64. Judge. Cordele Circuit.June 7. 1976-Jan. 1981, resigned.Justice, Supreme Court. Ga., Jan.8,1981-date. Wife, former CarolynImogene Burton; 2 children.Charles L. Weltner. Atlanta. BornDec. 17, 1927 in Fulton Co., Ga.Graduated Oglethorpe U., AB,1948; Columbia U. Law School.LLB, 1950; Tufts U.,LLD(Hon.)1967; Columbia U. TheologicalSeminary, MA, <strong>1983</strong>. Attorney.Presbyterian. Phi Delta Phi, OmicronDelta Kappa. US Army, 2yrs.; USAR, 4 yrs. Mbr. U.S.House of Rep., 1963-67. Judge,Superior Court, Atlanta Circuit, June 7, 1976-Oct. 14, 1981.resigned. Justice, Supreme Court, Ga., Oct. 14, 1981-date.Wife, former Anne Fitten Glenn; 6 children.Richard Bell, Stone Mountain.Born July 5, 1920 in AndersonCo., S.C. Graduated PresbyterianCollege, BS, 1943; Emory U. LawSchool, JD, 1949. Attorney. Presbyterian. Pi Kappa Alpha, Phi^ Alpha Delta, Lion, Mason. USN$M0^ Army, 1943-46. Mbr., House of^^. ,^^^ Rep., 1951-52. Solicitor, City^f/X ^^^| Court. Decatur, 1954-56. DistrictAttorney, Stone Mountain Circuit,1957-76, resigned. District Attorney Emeritus, ibid., 1976-Dec.31. 1980. Judge, ibid., Jan. 1, 1981-Oct. 31, 1982. Justice,Supreme Court, Ga., Nov. I, 1982-date. Wife, former NaomiWhittemore; 4 children.Joline B. Williams. Law Assistant. Supreme Court. Ga., Jan. 1,1961-Sept. 1970; Clerk, ibid., Oct. 1970-date.COURT OF APPEALSThe Court of Appeals was established by an amendment to<strong>the</strong> Constitution of 1877, ratified on November 6, 1906. Thefirst term of <strong>the</strong> court was held on <strong>the</strong> first Monday in January1907, <strong>and</strong> <strong>the</strong> court originally consisted of only three judges.The court now consists of nine judges <strong>and</strong> its present organization is defined in <strong>the</strong> <strong>1983</strong> Constitution (Art. VI, Sec. V) <strong>and</strong> in<strong>the</strong>O.C.G.A. 15-3-1 through 15-3-12.The Court of Appeals is a court of review <strong>and</strong> exercisesappellate <strong>and</strong> certiorari jurisdiction in all cases not reserved to<strong>the</strong> Supreme Court or conferred on o<strong>the</strong>r courts by law. Thedecisions of <strong>the</strong> Court of Appeals insofar as not in conflict withthose of <strong>the</strong> Supreme Court shall bind all courts except <strong>the</strong>Supreme Court as precedents (Ga. Const. Art VI, Sec. V, Par.III).The court sits in three divisions of three judges each, with <strong>the</strong>members assigned by <strong>the</strong> Chief Judge. The Presiding Judge ofeach division is appointed by <strong>the</strong> Chief Judge, who is elected by<strong>the</strong> court in such manner <strong>and</strong> for such time as may be prescribed by rule or order of <strong>the</strong> court (O.C.G.A. 15-3-1). TheCourt of Appeals is not an intermediate appellate court. Itsdecisions are not reviewed by <strong>the</strong> Supreme Court as a matter ofright but only on <strong>the</strong> grant of a writ of certiorari.An Act of March 8,1945 (Ga. L. 1945, p. 232) provided that<strong>the</strong> three divisions of <strong>the</strong> court, sitting as one court, shall passon <strong>and</strong> determine each case in which <strong>the</strong>re is a dissent in <strong>the</strong>division to which <strong>the</strong> case was originally assigned. When <strong>the</strong>majority of <strong>the</strong> judges of <strong>the</strong> division to which a case is assigned,are of <strong>the</strong> opinion that certain question(s) should be passedupon by all members of <strong>the</strong> court, <strong>the</strong> question(s) may bepresented to all <strong>the</strong> members of <strong>the</strong> court, sitting as one court.In <strong>the</strong> event of an equal division of <strong>the</strong> judges when sitting as abody, <strong>the</strong> case shall be immediately transmitted to <strong>the</strong> SupremeCourt (Ga. Const.. Act VI. Sec. V, Par. V).To qualify to serve as a Judge of <strong>the</strong> Court of Appeals, aperson shall have been admitted to practice law for seven years<strong>and</strong> shall reside in <strong>the</strong> geographical area in which <strong>the</strong>y areselected to serve. The General Assembly may provide by lawfor additional qualifications (Ga. Const. <strong>1983</strong>, Art. 6, Sec. 7,Par. 2). All judges of <strong>the</strong> Court of Appeals are elected on anonpartisan basis for a term of six years <strong>and</strong> are elected at <strong>the</strong>same general elections at which members of <strong>the</strong> GeneralAssembly are elected. The Governor fills any vacancy byappointment until <strong>the</strong> next general election at which time asuccessor to complete <strong>the</strong> unexpired term is elected.William LeRoy McMurray, Jr.,Cordele Born April 11, 1925 inYork Co., S.C. Graduated MercerU - LLB - I95 De"3 Theta Phi :Mason. Attorney. Baptist. USArmy-WW II; Korean War. SpecialAgent, FBI, 1952-58. Judge.Cordele Judicial Circuit, Jan. 1967-May 1976, resigned. Judge. Courtof Appeals. Ga.. May 3,1976-date.Presiding Judge, ibid, April I,!979-Dec.31,<strong>1983</strong>. Chief Judge, Ibid., Jan. 1,19<strong>84</strong>-date. Wife.former Rose Mary Tamburo; 2 children.Guy M. Massey. Assistant Reporter, Supreme Court & Courtof Appeals, Ga.. Aug. 1,1962-April 1980; Reporter, ibid.. April15, 1980-July 1, 19<strong>84</strong>, retired.William Scott Henwood Assistant Reporter, Supreme Court &Court of Appeals, Ga., June 1, 1980-July I, 19<strong>84</strong>; Reporter,ibid.. July 1, 19<strong>84</strong>-date.114

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